[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1998 Edition]
[From the U.S. Government Printing Office]


[[Page i]]

          36



          Parks, Forests, and Public Property




          PARTS 200 TO 299

                         Revised as of July 1, 1998

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT
          AS OF JULY 1, 1998

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration
          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      



                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1998



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 36:
    Chapter II--Forest Service, Department of Agriculture.....       3
  Finding Aids:
    Table of CFR Titles and Chapters..........................     409
    Alphabetical List of Agencies Appearing in the CFR........     427
    List of CFR Sections Affected.............................     437



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-------------------------------------------------------------------

   Cite this Code:  CFR

   To cite the regulations in this volume use title, part and
   section number. Thus,  36 CFR 200.1 refers to title 36, part
   200, section 1.

-------------------------------------------------------------------


[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
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    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
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[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1998.



[[Page ix]]



                               THIS TITLE

    Title 36--Parks, Forests, and Public Property is composed of three 
volumes. The parts in these volumes are arranged in the following order: 
parts 1 to 199, parts 200 to 299, and part 300 to End. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of July 1, 1998.

    Redesignation tables appear in the Finding Aids section of the third 
volume.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

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[[Page 1]]



              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY




                  (This book contains parts 200 to 299)

  --------------------------------------------------------------------
                                                                    Part

Chapter ii--Forest Service, Department of Agriculture.......         200

[[Page 3]]



         CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
200             Organization, functions, and procedures.....           5
211             Administration..............................          13
212             Administration of the forest development 
                    transportation system...................          23
213             Administration of lands under Title III of 
                    the Bankhead-Jones Farm Tenant Act by 
                    the Forest Service......................          31
215             Notice, comment, and appeal procedures for 
                    National Forest System projects and 
                    activities..............................          33
216             Involving the public in the formulation of 
                    Forest Service directives...............          41
217             Appeal of regional guides and National 
                    Forest land and resource management 
                    plans...................................          43
219             Planning....................................          51
221             Timber management planning..................          77
222             Range management............................          78
223             Sale and disposal of National Forest System 
                    timber..................................          96
228             Minerals....................................         152
230             State and private forestry assistance.......         187
241             Fish and wildlife...........................         194
242             Subsistence management regulations for 
                    public lands in Alaska..................         197
251             Land uses...................................         282
254             Landownership adjustments...................         316
261             Prohibitions................................         333
262             Law enforcement support activities..........         345
264             Property management.........................         349
271             Use of ``Smokey Bear'' symbol...............         351
272             Use of ``Woodsy Owl'' symbol................         352
290             Cave resources management...................         353
291             Occupancy and use of developed sites and 
                    areas of concentrated public use........         356
292             National recreation areas...................         356
293             Wilderness--primitive areas.................         383
294             Special areas...............................         388

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295             Use of motor vehicles off forest development 
                    roads...................................         389
296             Protection of archaeological resources: 
                    uniform regulations.....................         390
297             Wild and scenic rivers......................         404
298-299

[Reserved]

Cross References: Bureau of Land Management, Department of the Interior: 
  See 43 CFR 2567.8; Group 2500.

  Note:Other regulations relating to agriculture appear in title 7; 
title 9; title 17, chapter I; title 48, chapter 4.


Abbreviations:
    The following abbreviations are used in this chapter:
    A.O.=Administrative order  P.L.O.=Public Land order.

[[Page 5]]



PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES--Table of Contents




                         Subpart A--Organization

Sec.
200.1  Central organization
200.2  Field organization.

                   Subpart B--Functions and Procedures

200.3  Forest Service functions.
200.4  Administrative issuances.
200.5  Indexes.
200.6  Information available; inspection, copying, and charges.
200.7  Request for records.
200.8  Appeals.
200.12  Land status and title records.

    Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 U.S.C. 472, 521, 1603, 
and 2101 et seq.



                         Subpart A--Organization



Sec. 200.1  Central organization.

    (a) Central office. The national office of 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 and Associate Chief, and a Deputy Chief for each of the 
following five activities: Programs and Legislation, National Forest 
System, Research, State and Private Forestry, and Administration. All 
communications should be addressed to the Forest Service, Department of 
Agriculture, P.O. Box 96090, Washington, DC 20090-6090.
    (b) Chief of the Forest Service. The Chief of the Forest Service, 
under the direction of the Secretary of Agriculture, administers the 
formulation, direction, and execution of Forest Service policies, 
programs, and activities.
    (c) Deputy Chiefs. The major activities of the Forest Service at the 
headquarters level are divided into five Deputy Chief areas with each 
further divided into staff units. The programs and functions of staff 
units are directed by staff directors and may be subdivided into groups 
headed by group leaders. A description of the major activities of each 
Deputy Chief follows:
    (1) Programs and legislation. Overall planning of Forest Service 
programs, policy formulation and analysis, budgeting, legislative 
development, reporting and liaison, and environmental coordination.
    (2) National Forest System. Administration of National Forest System 
lands and management of natural resources within the principle of 
multiple use and sustained yield. Management includes planning, 
coordinating, and directing the national resource programs of timber, 
range, wildlife, recreation, watershed, and mineral areas; and support 
activities of fire, engineering, lands, aviation, and computer systems. 
The National Forest System includes:

155  Proclaimed or designated National Forests
20  National Grasslands
51  Purchase Units
8  Land Utilization Projects
20  Research and Experimental Areas
33  Other Areas

The first four classifications listed above are administered as 121 
Forest Service Administrative Units, each headed by a Forest Supervisor. 
National Recreation Areas, National Forest Wildernesses, and Primitive 
Areas are included in the above land classifications.
    (3) Research. Plan, coordinate, and direct research programs to 
learn how man can best use and protect the plant, animal, soil, water, 
and esthetic resources of nonagricultural rural and exurban lands for 
his well-being and enjoyment. These programs include research on timber 
management, forest products and engineering, forest economics and 
marketing, watersheds, wildlife and fish habitat, range, recreation and 
other environmental concerns, forest insects and disease, forest fire 
and atmospheric science. Plans and directs international forestry 
activities and disseminates forestry research information throughout the 
world.
    (4) State and private forestry. Coordinate and provide leadership 
for intergovernmental resource programs for technical and financial 
assistance to improve and protect State and privately-owned forest 
resources and urban and community forestry. Carries out this action 
through cooperative forestry, area planning and development, cooperative 
fire protection, forest insect and disease management, cooperative tree 
planting, and overall

[[Page 6]]

Forest Service participation in rural development and environmental 
concern, including civil defense and other emergency activities.
    (5) Administration. Provide support for Forest Service programs 
through management improvement, fiscal and accounting, administrative 
services, personnel management, manpower and youth conservation, 
antipoverty programs, communication and electronics, internal review 
system, external audits, coordination of civil rights activities, public 
information, and Service-wide management of systems and computer 
applications.
[41 FR 24350, June 16, 1976, as amended at 42 FR 32230, June 24, 1977; 
43 FR 27190, June 23, 1978; 44 FR 5660, Jan. 29, 1979; 62 FR 33366, June 
19, 1997]



Sec. 200.2  Field organization.

    The field organization of the Forest Service consists of 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, the United States 
is divided into nine geographic regions of the National Forest System. 
Each region has a headquarters office and is supervised by a Regional 
Forester who is responsible to the Chief for the activities assigned to 
that region. Within each region are located national forests and other 
lands of the Forest Service.
    (1) National Forests. Each Forest has a headquarters office and is 
supervised by a Forest Supervisor who is responsible to the Regional 
Forester. Two or more proclaimed or designated National Forests, or all 
of the Forests in a State, may be combined into one Forest Service 
Administrative Unit headed by one Forest Supervisor. Each Forest is 
divided into Ranger Districts. The Alaska Region is composed of two 
National Forests without Ranger Districts; with one Forest divided into 
three areas, each administered by a Forest Supervisor.
    (2) Ranger districts. Each district may include a portion of a 
national forest, a national grassland or portion thereof, a national 
recreation area, a wilderness or primitive area, and other lands 
administered by the Forest Service. Each district has a headquarters 
office and is supervised by a District Ranger (or Area Ranger in some 
cases) who is responsible to the Forest Supervisor.
    (b) Forest and rangeland research coordination. The field research 
program is coordinated by six research stations, the national Forest 
Products Laboratory, and the International Institute of Tropical 
Forestry. Each has a headquarters office and a Director who is 
responsible to the Chief for all research activities within a 
geographical area of the United States or its territories. Scientists 
are based at Research Work Units with laboratories located in 36 lower 
States, Hawaii, Alaska, and Puerto Rico. Scientists primarily conduct 
their work within a given geographical area, but due to the integrated 
and cooperative nature of the research program, they make work 
nationwide and internationally.
    (c) State and private forestry cooperation. Field level cooperation 
between the Forest Service, States, and the private sector on forestry 
activities is accomplished by the Northeastern Area State and Private 
Forestry for the Northeastern States; and by the National Forest 
Regional Offices in the Southeastern and Western States. The 
Northeastern Area is supervised by an Area Director who is responsible 
to the Chief for State and private forestry activities within the Area. 
Regional Foresters in Regions 1 through 8 and Region 10 are responsible 
for State and private forestry activities within those regions.
    (d) International Institute of Tropical Forestry. The Institute is 
managed by a Director who is the senior Forest Service official in 
Puerto Rico. The Director is responsible to the Chief for planning and 
directing research, science and technology exchange, technical 
assistance to the Commonwealth of Puerto Rico, and international 
cooperation on natural resources concerning tropical forestry.
    (e) Field addresses. The addresses of Regional Foresters, Station 
Directors, and Area Directors are given below. Under each Regional 
Office address is a list of National Forest Administrative Units by 
States with locations of Forest Supervisor headquarters. Headquarters 
locations for Ranger Districts, National Grasslands, and National

[[Page 7]]

Recreation Areas are not listed but may be obtained from Forest 
Supervisors or Regional Foresters.

                       National Forests by Region
------------------------------------------------------------------------
                                                          Headquarters
    State in which forest is        National forest        location of
            located               administration unit        forest
                                                           supervisor
------------------------------------------------------------------------
Region 1, Northern Region
 (Regional Forester, Federal
 Bldg., P.O. Box 7669,
 Missoula, MT 59807):
  Idaho........................  Clearwater...........  Orofino.
                                 Idaho Panhandle        Coeur d'Alene.
                                  National Forests
                                  (Kaniksu-Coeur
                                  'dAlene-St. Joe.
                                 Nezperce.............  Grangeville.
  Montana......................  Beaverhead...........  Dillon.
                                 Bitterroot...........  Hamilton.
                                 Custer...............  Billings.
                                 Deerlodge............  Butte.
                                 Flathead.............  Kalispell.
                                 Gallatin.............  Bozeman.
                                 Helena...............  Helena.
                                 Kootenai.............  Libby.
                                 Lewis and Clark......  Great Falls.
                                 Lolo.................  Missoula.
Region 2, Rocky Mountain Region
 (Regional Forester, 740 Simms
 Street, P. O. Box 25127,
 Lakewood, CO 80225):
  Colorado.....................  Arapaho-Roosevelt....  Fort Collins.
                                 Grand Mesa-            Delta.
                                  Uncompahgre and
                                  Gunnison.
                                 Pike-San Isabel......  Pueblo.
                                 San Juan-Rio Grande..  Monte Vista.
                                 White River..........  Glenwood
                                                         Springs.
  Nebraska.....................  Nebraska (Samuel R.    Chadron.
                                  McKelvie).
  South Dakota.................  Black Hills..........  Custer.
  Wyoming......................  Bighorn..............  Sheridan.
                                 Medicine Bow-Routt...  Laramie.
                                 Shoshone.............  Cody.
Region 3, Southwestern Region
 (Regional Forester, Federal
 Bldg., 517 Gold Ave. SW.,
 Albuquerque, NM 87102):
  Arizona......................  Apache-Sitgreaves....  Springerville.
                                 Coconino.............  Flagstaff.
                                 Coronado.............  Tucson.
                                 Kaibab...............  Williams.
                                 Prescott.............  Prescott.
                                 Tonto................  Phoenix.
  New Mexico...................  Carson...............  Taos.
                                 Cibola...............  Albuquerque.
                                 Gila.................  Silver City.
                                 Lincoln..............  Alamogordo.
                                 Santa Fe.............  Santa Fe.
Region 4, Intermountain Region
 (Regional Forester, 324 25th
 St., Ogden, UT 84401):
  Idaho........................  Boise................  Boise.
                                 Caribou (Cache-Idaho   Pocatello.
                                  portion).
                                 Challis..............  Challis.
                                 Payette..............  McCall.
                                 Salmon...............  Salmon.
                                 Sawtooth.............  Twin Falls.
                                 Targhee..............  St. Anthony.
  Nevada.......................  Humboldt.............  Elko.
                                 Toiyabe, except the    Sparks.
                                  Lake Tahoe basin
                                  management unit.
  Utah.........................  Ashley...............  Vernal.
                                 Dixie................  Cedar City.
                                 Fishlake.............  Richfield.
                                 Manti-La Sal.........  Price.
                                 Uinta................  Provo.
                                 Wasatch (Cache-Utah    Salt Lake City.
                                  portion).
  Wyoming......................  Bridger-Teton........  Jackson.
Region 5, Pacific Southwest
 Region (Regional Forester, 630
 Sansome St., San Francisco, CA
 94111):
  California...................  Angeles..............  Arcadia.
                                 Cleveland............  San Diego.
                                 Eldorado, except the   Placerville.
                                  Lake Tahoe basin
                                  management unit.

[[Page 8]]

                                 Inyo.................  Bishop.
                                 Klamath..............  Yreka.
                                 Lassen...............  Susanville.
                                 Los Padres...........  Goleta.
                                 Mendocino............  Willows.
                                 Modoc................  Alturas.
                                 Plumas...............  Quincy.
                                 San Bernardino.......  San Bernardino.
                                 Sequoia..............  Porterville.
                                 Shasta-Trinity.......  Redding.
                                 Sierra...............  Fresno.
                                 Six Rivers...........  Eureka.
                                 Stanislaus (Calaveras  Sonora.
                                  Bigtree).
                                 Tahoe, except the      Nevada City.
                                  Lake Tahoe basin
                                  management unit.
                                 Lake Tahoe basin       South Lake Tahoe
                                  management unit        (headed by an
                                  (portions of           administrator).
                                  Toiyabe, Eldorado,
                                  and Tahoe National
                                  Forests).
Region 6, Pacific Northwest
 Region (Regional Forester, 333
 S.W. 1st Avenue, P.O. Box
 3623, Portland, OR 97208):
  Oregon.......................  Deschutes............  Bend
                                 Fremont..............  Lakeview.
                                 Malheur..............  John Day.
                                 Mount Hood...........  Gresham.
                                 Ochoco...............  Prineville.
                                 Rogue River..........  Medford.
                                 Siskiyou.............  Grants Pass.
                                 Siuslaw..............  Corvallis.
                                 Umatilla.............  Pendleton.
                                 Umpqua...............  Roseburg.
                                 Wallowa-Whitman......  Baker.
                                 Willamette...........  Eugene.
                                 Winema...............  Klamath Falls.
  Washington...................  Colville.............  Colville.
                                 Gifford Pinchot......  Vancouver.
                                 Mount Baker-           Mountain
                                  Snoqualmie.            Terrace.
                                 Okanogan.............  Okanogan.
                                 Olympic..............  Olympia.
                                 Wenatchee............  Wenatchee.
Region 8, Southern Region
 (Regional Forester, 1720
 Peachtree Rd. NW., Atlanta, GA
 30367):
  Alabama......................  National forests in    Montgomery.
                                  Alabama (William B.
                                  Bankhead, Conecuh,
                                  Talladega, Tuskegee).
  Arkansas.....................  Ouachita.............  Hot Springs.
                                 Ozark-St. Francis....  Russellville.
  Florida......................  National forests in    Tallahassee.
                                  Florida
                                  (Apalachicola,
                                  Ocala, Osceola).
  Georgia......................  Chattahoochee-Oconee.  Gainesville.
  Kentucky.....................  Daniel Boone.........  Winchester.
  Louisiana....................  Kisatchie............  Pineville.
  Mississippi..................  National Forests in    Jackson.
                                  Mississippi
                                  (Bienville, Delta,
                                  De Soto, Holly
                                  Springs, Homochitto,
                                  Tombigbee).
  North Carolina...............  National forests in    Asheville.
                                  North Carolina
                                  (Croatan, Nantahala,
                                  Pisgah, Uwharrie).
  Puerto Rico..................  Caribbean............  Rio Piedras, PR.
  South Carolina...............  Francis Marion and     Columbia.
                                  Sumter.
  Tennessee....................  Cherokee.............  Cleveland.
  Texas........................  National forests in    Lufkin.
                                  Texas (Angelina,
                                  Davy Crockett,
                                  Sabine, Sam Houston).
  Virginia.....................  George Washington-     Roanoke.
                                  Jefferson.
Region 9, Eastern Region
 (Regional Forester, 310 West
 Wisconsin Ave., Milwaukee, WI
 53203):
  Illinois.....................  Shawnee..............  Harrisburg.
  Indiana and Ohio.............  Wayne-Hoosier........  Bedford, IN.
  Michigan.....................  Hiawatha.............  Escanaba.
                                 Huron-Manistee.......  Cadillac.

[[Page 9]]

                                 Ottawa...............  Ironwood.
  Minnesota....................  Chippewa.............  Cass Lake.
                                 Superior.............  Duluth.
  Missouri.....................  Mark Twain...........  Rolla.
  New Hampshire and Maine......  White Mountain.......  Laconia, NH.
  Pennsylvania.................  Allegheny............  Warren.
  Vermont......................  Green Mountain.......  Rutland.
  West Virginia................  Monongahela..........  Elkins.
  Wisconsin....................  Chequamegon..........  Park Falls.
                                 Nicolet..............  Rhinelander.
Region 10, Alaska Region
 (Regional Forester, Federal
 Office Bldg., P.O. Box 21628,
 Juneau, AK 99802-1628):
  Alaska.......................  Chugach..............  Anchorage.
                                 Tongass:.............
                                   Chatham area.......  Sitka.
                                   Ketchikan area.....  Ketchikan.
                                   Sitkine area.......  Petersburg.
------------------------------------------------------------------------

Forest and Range Experiment Stations, Laboratories, and Institutes Name 
                  of Unit and Headquarters of Director

North Central Research Station--1995 Folwell Avenue, St. Paul, MN 55108.
Northeastern Research Station--100 Matsonford Road, 5 Radnor Corporate 
Center, Suite 200, P.O. Box 6775, Radnor, PA 19087-4585.
Pacific Northwest Research Station--333 S.W. 1st Avenue, P.O. Box 3890, 
Portland, OR 97208-3890.
Pacific Southwest Research Station--800 Buchanan Street, West Building, 
Albany, CA 94710-0011.
Rocky Mountain Research Station--240 West Prospect Street, Fort Collins, 
CO 80526-2098.
Southern Research Station--200 Weaver Boulevard, P.O. Box 2680, 
Asheville, NC 28802.

                               Laboratory

Forest Products Laboratory--One Gifford Pinchot Drive, Madison, WI 
53705-2398.

                                Institute

International Institute of Tropical Forestry--Call Box 25000, UPR 
Experimental Station Grounds, Rio Piedras, Puerto Rico 00928-2500.

                 State and Private Forestry Area Office

Director, Northeastern Area--100 Matsonford Road, P.O. Box 6775, Radnor, 
PA 19087-4585.

    Note: In Regions 1 through 8 and 10, State and Private Forestry 
activities are directed from Regional headquarters.

[41 FR 24350, June 16, 1976, as amended at 42 FR 32230, June 24, 1977; 
42 FR 40438, Aug. 10, 1977; 43 FR 27190, June 23, 1978; 44 FR 5660, Jan. 
29, 1979; 62 FR 33366, 33367, June 19, 1997]



                   Subpart B--Functions and Procedures



Sec. 200.3  Forest Service functions.

    (a) Legislative authority. The basic 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), chapters 
2, 3, 4, 5C, 6, 23, 27, 28, 30, 36, and 37; title 29 (Labor), chapter 
17; and title 43 (Public Lands), chapters 22 and 35.
    (b) Work of the Forest Service. Under delegated authority from the 
Secretary of Agriculture, the broad responsibilities of the Forest 
Service are:
    (1) Leadership in forestry. The Forest Service provides overall 
leadership in forest and forest-range conservation, development, and 
use. This involves determination of forestry conditions and 
requirements, and recommendations of policies and programs needed to 
keep the Nation's private and public lands fully productive.
    (2) National Forest System administration. (i) The Forest Service 
administers and manages the National Forest System lands in accordance 
with the Multiple-Use Sustained-Yield Act of June 12, 1960 (16 U.S.C. 
528-531); the Forest and Rangeland Renewable Resources Planning Act of 
August 17, 1974 (16 U.S.C. 1600-1614); and the National Forest 
Management Act of October 22, 1976 (16 U.S.C. 472a, 476, 500, 513-516, 
521b; 576b, 1600-1602, 1604, 1606, 1608-1614).

[[Page 10]]

    (ii) The National Forest System comprises about 188 million acres of 
land in the National Forests, National Grasslands, and other areas which 
have been transferred to the Forest Service for administration. On these 
public lands:
    (A) Forestry methods are applied in growing and harvesting timber,
    (B) Forage is scientifically managed for the use of domestic 
livestock whose numbers are kept in balance with the carrying capacity 
of the range,
    (C) Wildlife habitat and species are managed,
    (D) Watersheds are managed to safeguard the water supply and 
stabilize streamflow,
    (E) Recreation resources are managed for public enjoyment and 
benefit,
    (F) Many forms of land and resource use are granted under permit or 
lease, and
    (G) Physical and resource improvements needed to develop, protect, 
and use all resources are built and maintained.
    (3) Cooperative forestry. The Forest Service carries out cooperative 
forestry programs for public benefit through programs initiated by 
State, county, and other Federal agencies in accordance with the 
Cooperative Forestry Assistance Act of July 1, 1978 (16 U.S.C. 2101-
2111). These programs are directed at the protection, development, and 
sustained production of all forestry resources, both public and private.
    (4) Forest research. The Forest Service conducts research on 
problems involving protection, development, management, renewal, and 
continuous use of all resources, products, values, and services of 
forest lands in accordance with the Forest and Rangeland Renewable 
Resources Research Act of June 30, 1978 (16 U.S.C. 1641-1647). Research 
is conducted on:
    (i) Forest and range management, including the five basic resources 
of timber, forest soil and water, range forage, wildlife and fish 
habitat, and forest recreation,
    (ii) Forest protection from fire, insects, and disease,
    (iii) Forest products and engineering, and
    (iv) Forest resource economics including forest survey, forest 
economics, and forest products marketing.
[44 FR 37505, June 27, 1979]



Sec. 200.4  Administrative issuances.

    (a) The regulations of the Secretary of 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 
the Code of Federal Regulations.
    (b) Administrative policy, procedure, and guidance to Forest Service 
employees for the conduct of Forest Service activities are issued as 
directives, or through correspondence, by the office of the Chief of the 
Forest Service and by the field officers listed in Sec. 200.2.
    (1) Directives are issued through the Forest Service Directive 
System, which is comprised of the Forest Service Manual and related 
Forest Service Handbooks. The Directive System codifies the agency's 
policy, practice, and procedure affecting more than one unit and the 
delegations of continuing authority and assignment of continuing 
responsibilities; serves as the primary administrative basis for the 
internal management and control of all programs; and is the primary 
source of administrative direction to Forest Service employees.
    (2) In contrast to direction issued through the Directive System, 
guidance issued to one or more organizational units through letters and 
memoranda relate to decisions or interpretations on specific activities, 
cases, or incidents or to other matters of agency business, especially 
those matters of short-term duration or immediate interest.
    (c) Forest Service Directive System issuances are published under 
delegated authority as follows:
    (1) The Forest Service Manual and Forest Service Handbook issuances 
to all Forest Service units are published by the Office of the Chief.
    (2) Forest Service Manual and Forest Service Handbook issuances may 
be supplemented as needed for field office use by a Regional Forester, a 
Regional

[[Page 11]]

Special Agent in Charge of Law Enforcement and Investigations, a 
Research Station Director, the International Institute for Tropical 
Forestry Director, the Area Director, or a Forest Supervisor.
    (d) Guidance issued through letters and memoranda must be issued in 
accordance with signing authorities delegated through issuances to the 
Forest Service Directive System.
    (e) An alphabetical index of the contents of the Forest Service 
Manual and related Forest Service Handbooks is published in Forest 
Service Handbook 1109.11, Directive System User Guide. The index 
contains a listing of all Series, Titles, and Chapters in the Forest 
Service Manual and a listing of all Forest Service Handbooks in the 
Directive System.
    (f) Forest Service Handbook 6209.11, Records Management Handbook, 
outlines and indexes the filing system for all correspondence and other 
records.
    (g) Forms and reports used by the agency are listed in, and 
instructions for their use are issued throughout, the Forest Service 
Directive System and are collated in Forest Service Handbook 1309.14, 
Information Requirements Handbook.
[62 FR 33367, June 19, 1997]



Sec. 200.5  Indexes.

    Publication of the indexes described in Sec. 200.4 is deemed 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 Service headquarters office in Washington, DC, and at 
field offices listed under Sec. 200.2(d). The Forest Service will 
provide copies of any index upon request at a cost not to exceed the 
direct cost of duplication.
[40 FR 12790, Mar. 21, 1975. Redesignated at 62 FR 13540, Mar. 21, 1997]



Sec. 200.6  Information available; inspection, copying, and charges.

    (a) In 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, and final opinions, 
including concurring or dissenting opinions and orders made in the 
adjudication of cases. Charges for information requested from the Forest 
Service are set out in paragraph (d) of this section and vary according 
to the type of information requested.
    (b) Information made available pursuant to paragraph (a) of this 
section may be obtained at the Office of the Chief, or the office of any 
Regional Forester, Research Station Director, Area Director, Institute 
Director, Forest Supervisor, or District Ranger. The addresses of these 
offices are set forth in Secs. 200.1 and 200.2. Forest Service personnel 
at these offices will assist members of the public seeking Forest 
Service records. However, Research Station and Institute Directors and 
District Rangers may not have all volumes of the Forest Service Manual 
and Handbooks. When the information requested is not available at a 
given location, the personnel where the request is received will direct 
the requester to another office where the information may be obtained.
    (c) Inspection and copying availability is as follows:
    (1) Facilities for inspection and copying are available at the 
offices listed in Secs. 200.1 and 200.2, during established office hours 
for the particular location, usually 8 a.m. to 5 p.m., Monday through 
Friday. Copying facilities may not be available at all Forest Service 
offices.
    (2) Requesters for information may make copies of available 
information without charge if they elect to bring their own copy 
equipment to the appropriate offices listed in Secs. 200.1 and 200.2.
    (3) Requesters should make prior arrangements for using agency 
copying facilities or for bringing in copying equipment and, in the 
later case, should get advance approval from the office.
    (d) Any request for information pursuant to the provisions of the 
Freedom of Information Act must be submitted in accordance with 
Secs. 200.7 and 200.8. The Forest Service charges a fee for copies of 
records not generally made available to the public but released pursuant 
to a FOIA request in accordance with a schedule of fees established by 
the Department of Agriculture at 7 CFR Part 1, Subpart A, Appendix A.

[[Page 12]]

These fees do not apply to information that is generally and routinely 
made available to the public upon request, such as recreational 
brochures, pamphlets, maps, and technical guides as well as agency 
directive issuances. Separate charges for such general information are 
established in the agency's Directive System (Sec. 200.4). For example, 
some pamphlets and small segments of the Forest Service Manual and 
Handbook may be provided at no cost, but maps of the National Forest 
System and larger sections of the Manual and Handbook are available for 
a charge. Current charges are explained at the time the request is made.
[62 FR 13540, Mar. 21, 1997]



Sec. 200.7  Request for records.

    Requests for records and the processing of those 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, Regional Special Agent in Charge, 
Research Station Director, and Area Director at the field locations and 
addresses listed in Sec. 200.2; the Director of Law Enforcement and 
Investigations; and the Deputy Chief for the program area involved, 
located in Washington, DC, are authorized to receive requests for such 
records, to make determinations regarding whether records exist, and to 
grant or deny requests for records exempt from disclosure under the 
provisions of 5 U.S.C. 552(b).
    (b) Each of the officials listed in paragraph (a) of this section 
also is authorized to take the following actions:
    (1) Extend the 10-day administrative deadline for reply pursuant to 
7 CFR 1.14;
    (2) Make discretionary releases pursuant to 7 CFR 1.17(b) of records 
exempt from mandatory disclosure;
    (3) Deny records pursuant to 5 U.S.C. 552(b); and
    (4) Make determinations regarding the charges of fees pursuant to 7 
CFR 1.8(a).
[62 FR 33368, June 19, 1997]



Sec. 200.8  Appeals.

    (a) Appeals from denials of requests submitted under Sec. 200.7 
shall be submitted in accordance with 7 CFR 1.6(e) of the Chief, Forest 
Service, U.S. Department of Agriculture, Auditors Building, 14th and 
Independence Avenue, SW., P.O. Box 96090, Washington, DC 20090-6090.
    (b) The Chief, or other official to whom such authority is 
delegated, shall determine whether to grant or deny the appeal and make 
all necessary determinations relating to an extension of the 20-day 
administrative deadline for reply pursuant to 7 CFR 1.14, discretionary 
release pursuant to 7 CFR 1.17(b) of records exempt from mandatory 
disclosure under 5 U.S.C. 552(b), and charging the appropriate fees.
[62 FR 33368, June 19, 1997]



Sec. 200.12  Land status and title records.

    (a) Land Status Records System. The 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 an 
automated database which contains an accurate account of: acreage, 
condition of title, administrative jurisdiction, rights held by the 
United States, administrative and legal use restrictions, encumbrances, 
and access rights on land or interests in land in the National Forest 
System.
    (1) Components. The system shall include, but is not limited to, the 
following components:
    (i) A current and accurate Land Status Atlas for each National 
Forest, National Grassland, and other proclaimed or designated 
administrative unit, which shall graphically portray on maps keyed to a 
tabular summary the following categories of information:
    (A) Jurisdiction of and condition of title to lands administered as 
part of the National Forest System.
    (B) All encumbrances on National Forest System lands.
    (C) All partial interests administered by the Forest Service on 
other lands.
    (D) All use restrictions, withdrawals, and special designated areas 
on National Forest System lands.
    (E) The acreage of National Forest System lands, including riparian 
lands.
    (ii) A master Land Status File, from which the agency data for the 
Atlas is

[[Page 13]]

derived and which includes the following:
    (A) Discrete title files of each landownership adjustment.
    (B) The original authorizing documents establishing or adjusting 
National Forest System lands and interests therein.
    (C) Withdrawals, use restrictions, and special designated areas on 
National Forest System lands.
    (D) Other information as deemed necessary.
    (iii) Such reporting systems as are needed to provide title or 
status reports.
    (2) Display of Information. Information in the system may be 
collected and maintained in narrative, graphic, tabular, or other form 
and may be entered into and maintained in automated systems as well as 
produced in paper form in accordance with such administrative direction 
as the Chief of the Forest Service or Regional Foresters may establish.
    (b) Availability. A Land Status Atlas shall be maintained at each 
National Forest administrative unit or subunit, such as Ranger Districts 
or National Recreation Area offices. Each Regional Office shall maintain 
copies of the Atlas for all National Forests within that Region. Related 
land title and realty records for each National Forest System unit shall 
be maintained at the administrative headquarters of that unit. The Land 
Status Atlas and such title and realty records as are held at an 
administrative unit shall be available for public inspection.
[56 FR 29181, June 26, 1991, as amended at 59 FR 2987, Jan. 20, 1994]



PART 211--ADMINISTRATION--Table of Contents




         Subpart A--Cooperation With Private and State Agencies

Sec.
211.1-211.2  [Reserved]
211.3  Cooperation with State officers.
211.4  Cooperation for fire prevention and control.
211.5  Emergency fire suppression assistance.

  Subpart B--Appeal of Decisions Concerning the National Forest System

211.16  Appeal of resource recovery and rehabilitation decisions 
          resulting from natural catastrophes.
211.17  Appeal of decisions to reoffer returned or defaulted timber 
          sales on National Forests.
211.18  Appeal of decisions of forest officers.

    Authority: 16 U.S.C. 551, 472.



         Subpart A--Cooperation With Private and State Agencies



Secs. 211.1-211.2  [Reserved]



Sec. 211.3  Cooperation with State officers.

    All forest officers will cooperate with State officials, insofar as 
practicable, to enforce State fire, game, and health laws. They are 
authorized to accept appointments, without compensation, as deputy State 
fire wardens, game wardens, and/or health officers whenever in the 
judgment of the Chief of the Forest Service the performance of the 
duties required by these offices will not interfere with their duties as 
Federal forest officers.
[1 FR 1261, Aug. 15, 1936]



Sec. 211.4  Cooperation for fire prevention and control.

    The Forest Service shall, whenever possible, and is 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 will result in mutual benefit in the prevention 
and suppression of forest fires: Provided, That the service required of 
each party by such agreements shall be in proportion to the benefits 
conferred.
[1 FR 1261, Aug. 15, 1936]



Sec. 211.5  Emergency fire suppression assistance.

    (a) Definitions. For the purpose of this subpart these definitions 
apply:
    (1) Prescribed fire means a fire burning under a set of specified 
conditions which will accomplish certain planned resource management 
objectives.

[[Page 14]]

    (2) Escaped prescribed fire means a prescribed fire which has either 
exceeded the prescription or has rekindled after it has been declared to 
be out.
    (b) In the absence of a written reciprocal agreement with any fire 
organization or in situations outside the scope of an agreement, the 
Forest Service is authorized to render emergency assistance in 
suppressing fires and in preserving life and property from the threat of 
fire within the vicinity of Forest Service fire protection facilities 
under the following conditions:
    (1) If a prescribed fire initiated on lands administered by the 
Forest Service escapes onto lands not administered by the Forest 
Service, the Forest Service may commit personnel, materials, and 
equipment without reimbursement or consideration of the fire's 
continuing threat to National Forest System lands or resources.
    (2) When requested, the Forest Service may commit personnel, 
materials, and equipment on a reimbursable basis on lands not 
administered by the Forest Service without regard to the fire's threat 
to National Forest System lands or resources.
[48 FR 44537, Sept. 29, 1983]



 Subpart B--Appeal of Decisions Concerning  the  National Forest System



Sec. 211.16  Appeal of resource recovery and rehabilitation decisions resulting from natural catastrophes.

    (a) Purpose. These rules provide an expedited and streamlined 
administrative appeal process for decisions arising from recovery and 
rehabilitation efforts on National Forest System lands and resources 
damaged in natural catastrophes.
    (b) Matters subject to appeal. The procedures established in this 
section apply only to initial written decisions concerning resource 
removal, recovery, and rehabilitation activities resulting from natural 
catastrophes, such as forest fires, insect and disease epidemics, 
floods, winds, and earthquakes, that result from documentation required 
by the National Environmental Policy Act and its implementing 
regulations, policies, and procedures. Notice of the decisions 
appealable under this section and made after the effective date of this 
regulation shall be published in a local newspaper of general 
circulation immediately following the documentation referenced above. 
Subsequent implementing decisions, such as advertising timber salvage 
sales and/or awarding contracts, are not appealable under this section 
or 36 CFR 211.18.
    (c) Who may appeal. The process set forth in this section is 
available to any individual or organization wishing to appeal a decision 
arising from resource removal, recovery, and rehabilitation activities 
resulting from natural catastrophe.
    (d) Who may comment. Any person or organization interested in an 
appeal of a decision under this subpart may submit written comments to 
the Reviewing Officer for inclusion in the record.
    (e) Levels of appeal. One level of administrative appeal is 
available.
    (1) Appeals of decisions subject to the procedures of this section 
made by a District Ranger shall be filed with the Forest Supervisor.
    (2) Appeals of decisions subject to the procedures of this section 
made by a Forest Supervisor shall be filed with the Regional Forester.
    (f) Filing procedures. (1) To appeal a decision under this section. 
an appellant must file a written notice of appeal with the Reviewing 
Officer. If an appellant wishes to request a stay of implementation of 
the decision, the request must accompany the notice of appeal and be 
made in accordance with paragraph (i) of this section. The appellant 
must simultaneously provide a copy of the notice of appeal and any stay 
request to the Forest officer making the initial decision.
    (2) All notices of appeal must be filed within 30 days of 
publication of the notice of decision.
    (g) Extensions of time. There shall be no extension of the time 
periods specified in this section for either an appellant or the Forest 
Service.
    (h) Content of notice of appeal. Parties appealing a decision under 
this section must include the following information in the written 
notice of appeal:
    (1) The specific activity being appealed;

[[Page 15]]

    (2) The date notice of the decision was published;
    (3) The Forest Officer who made the decision;
    (4) How the appellant is affected by the decision; and
    (5) The relief desired.
    (i) Stays. (1) To request a stay, the appellant must:
    (i) File a written request with the Reviewing Officer at the time 
the appeal is filed, simultaneously providing a copy to the Forest 
officer who made the initial decision in question.
    (ii) Provide a written justification of the need for a stay, which 
includes a description of the specific activities to be stayed, and 
specific reasons why the stay should be granted, including:
    (A) Harmful site-specific impacts or effects on resources in the 
area affected by the activity; and
    (B) How the cited effects and impacts would prevent a meaningful 
decision on the merits.
    (2) The Reviewing Officer shall rule on a stay request no later than 
10 calendar days from receipt.
    (i) If a stay is granted, the stay shall specify the activities to 
be stopped, duration of the stay, and reasons for granting the stay.
    (ii) If a stay is denied in whole or in part, the decision shall 
specify the reasons for the denial.
    (iii) A copy of the stay decision shall be sent to the appellant and 
the Forest Officer who made the initial decision.
    (iv) A Reviewing Officer's decision on a stay is not subject to 
further appeal or review.
    (j) Review procedures. (1) The Reviewing Officer shall determine if 
the notice of appeal has been timely filed. In the event of question, 
legible postmarks will be considered evidence of timely filing. Where 
postmarks are illegible, the Reviewing Officer shall rule on the timely 
receipt of the notice of appeal. If the appeal is untimely, the 
Reviewing Officer will immediately dismiss the appeal and notify the 
Forest Officer making the initial decision and the appellant.
    (2) Upon receipt of a copy of the notice of appeal, the Forest 
Officer making the decision shall assemble the relevant decision 
documents and pertinent records and transmit them to the Reviewing 
Officer within 15 calendar days.
    (3) In transmitting the decision documentation to the Reviewing 
Officer, the Forest Officer shall indicate how and specifically where 
the appellant's issues are addressed. Where time permits, the Forest 
Officer may also respond briefly to issues raised in the notice of 
appeal. A copy of the transmittal letter shall be provided to the 
appellant(s).
    (4) The record on which the Reviewing Officer shall conduct a review 
consists of the notice of appeal, any other written comments received, 
the official documentation prepared by the Forest Officer making the 
initial decision, and any related correspondence, including additional 
information requested by the Reviewing Officer.
    (5) The review record is available for public inspection.
    (k) Requests for additional information. At any time during the 
appeal, the Reviewing Officer may request additional information from an 
appellant, the Forest Officer making the initial decision, or anyone who 
has submitted written comments. In addition, the Reviewing Officer may 
discuss issues related to the appeal with the Forest Officer making the 
initial decision, appellants, or affected parties.
    (l) Decision. (1) The Reviewing Officer shall issue a final decision 
on the appeal, in writing, within 90 days of the Reviewing Officer's 
receipt of the notice of appeal, with a copy to anyone submitting 
comments.
    (2) The Reviewing Officer's decision shall either affirm or reverse 
the original decision in whole or in part and include the reason(s) for 
the decision. The Reviewing Officer's decision may include instructions 
for further action by the Forest Officer making the initial decision.
    (3) The Reviewing Officer's decision is the final administrative 
decision of the Department of Agriculture and that decision is not 
subject to further review under this section or any other appeal 
regulation.
    (m) Dismissal. (1) A Reviewing Officer shall dismiss an appeal 
without decision on the merits when:

[[Page 16]]

    (i) The appeal is not received within the time specified in 
paragraph (f) of this section;
    (ii) The requested relief cannot be granted under existing facts, 
law or regulation;
    (iii) The notice of appeal does not meet the requirements of 
paragraph (h) of this section;
    (iv) The appellant withdraws the appeal; or
    (v) The Forest Officer making the initial decision withdraws that 
decision.
    (2) A Reviewing Officer's decision to dismiss is not subject to 
further appeal or review.
    (3) A Reviewing Officer shall give written notice of a dismissal to 
the appellant and Forest Officer whose initial decision or appeal 
decision is being appealed.
    (n) Continuance. Provisions of 36 CFR 211.18 will remain in effect 
for appeals of decisions concerning activities that result from natural 
catastrophes filed prior to May 13, 1988.
    (o) Applicability and effective date. The procedures of this section 
shall not apply to any appeal received after February 22, 1989.
[53 FR 17032, May 13, 1988, as amended at 54 FR 3357, Jan. 23, 1989]



Sec. 211.17  Appeal of decisions to reoffer returned or defaulted timber sales on National Forests.

    (a) Purpose. These rules provide an expedited and streamlined 
administrative appeal process for decisions to reoffer sales of timber 
that were returned to the Government under the provisions of the Federal 
Timber Contract Modification Payment Act of 1984 (16 U.S.C. 618) or that 
were defaulted by the purchaser.
    (b) Matters subject to appeal. The procedures established in this 
section apply only to decisions to reoffer timber sales resulting from 
returned or defaulted timber sale contracts. Implementing decisions, 
such as advertising and/or awarding a reoffered sale, made subsequent to 
the initial decision to reoffer a returned or defaulted sale are not 
appealable under this section or 36 CFR 211.18.
    (c) Notice requirements. (1) Notice of decisions appealable under 
this section and made after April 22, 1988, shall be published in a 
local newspaper of general circulation and also shall be provided in 
writing to parties to written instruments issued by the Forest Service 
who are known to be affected by the decision, as well as to any other 
interested persons or organizations who have requested notification of 
the specific decision.
    (2) If the sale that is the subject of an appeal has been bid upon 
or awarded, the Reviewing Officer shall immediately notify the apparent 
high bidder or sale awardee of the appeal and the opportunity to comment 
as provided for in paragraph (f) of this section.
    (d) Who may appeal. The process set forth in this section is 
available to:
    (1) Any individual or organization who, following publication of the 
interim rule at 36 CFR 211.17 on January 28, 1988, submitted a timely 
Notice of Appeal on a decision to reoffer a sale of returned or 
defaulted timber.
    (2) Any other individual or organization wishing to appeal a 
decision made prior to January 28, 1988, to reoffer a sale of returned 
or defaulted timber.
    (3) Except as provided in paragraph (e) of this section, any 
individual or organization may appeal a decision made after January 28, 
1988, to reoffer timber resulting from returned or defaulted timber 
sales.
    (e) Who may not appeal. The process set forth in this section is not 
available to the defaulting purchaser of the original timber sale that 
is being or has been reoffered.
    (f) Who may comment. Any person or organization interested in an 
appeal of a decision under this subpart may submit written comments to 
the Reviewing Officer for inclusion in the record.
    (g) Levels of appeal. For decisions to reoffer timber sales made 
after October 30, 1986, one level of administrative appeal is available. 
For decisions to reoffer timber sales made prior to October 30, 1986, 
two levels of administrative appeal are available; the second level 
being to the next higher administrative level.
    (1) Appeals of decisions to reoffer timber sales made by a District 
Ranger shall be filed with the Forest Supervisor.

[[Page 17]]

    (2) Appeals of decisions to reoffer timber sales made by a Forest 
Supervisor shall be filed with the Regional Forester.
    (h) Filing procedures. To appeal a decision under this section, an 
appellant must file a written notice of appeal with the Reviewing 
Officer. If an appellant wishes to request a stay of implementation of 
the decision, the request must accompany the notice of appeal and be 
made in accordance with paragraph (j) of this section. The appellant 
must simultaneously provide a copy of the notice of appeal and any stay 
request to the Forest officer making the initial decision to reoffer.
    (1) For appeals filed pursuant to paragraph (d)(1) of this section, 
the notice of appeal must have been submitted by February 29, 1988.
    (2) All notices of appeal pursuant to paragraph (d)(2) of this 
section must be submitted by May 23, 1988.
    (3) All notices of appeal pursuant to paragraph (d)(3) of this 
section must be filed within 30 days of publication of the notice of 
decision, or from the date of the written decision for those parties 
pursuant to paragraph (c)(1) of this section entitled to receive written 
decision.
    (i) Extensions of time. There shall be no extension of the time 
periods specified in this section for either an appellant or the Forest 
Service.
    (j) Content of notice of appeal. Parties appealing a decision to 
reoffer a sale must include the following information in the written 
notice of appeal:
    (1) The timber sale being appealed;
    (2) Either the decision date or the date notice of the decision was 
published;
    (3) The Forest Officer who made the decision;
    (4) How the appellant is affected by the decision;
    (5) The relief desired; and
    (6) A description of environmentally significant modifications or 
changed circumstances which are alleged to have occurred between when 
the initial timber sale was offered and sold and the date of the appeal 
on the decision to reoffer the sale.
    (k) Second level appeals. For appeals to the second level filed 
pursuant to paragraph (g) of this section, a notice of appeal must be 
filed with the next higher administrative level within 15 days from the 
date of the first level Reviewing Officer's appeal decision. If the 
first level Reviewing Officer is the Forest Supervisor, the appeal is to 
the Regional Forester. If the first level Reviewing Officer is the 
Regional Forester, the appeal is to the Chief. The notice need only 
include the documents submitted at the previous level, the first level 
decision letter, and a statement addressing why the appellant believes 
the Reviewing Officer's decision is erroneous. A copy of that statement 
must be provided to the first level Reviewing Officer also. The first 
level Reviewing Officer may provide a response to the notice of appeal 
to the second level Reviewing Officer; and must send a copy to the 
appellant. The review will be based on the existing record from the 
first level appeal, the second level notice of appeal, and any response 
by the first level Reviewing Officer. A decision shall be issued within 
45 days after receiving the notice of appeal.
    (l) Stays. (1) To request a stay, the appellant must:
    (i) File a written request with the Reviewing Officer at the time 
the appeal is filed, simultaneously providing a copy to the Forest 
officer who made the initial decision to reoffer the timber sale in 
question.
    (ii) Provide a written justification of the need for a stay, which 
includes a description of the specific activities to be stayed, and 
specific reasons why the stay should be granted, including:
    (A) Harmful site-specific impacts or effects on resources in the 
area affected by the reoffered timber sale; and
    (B) How the cited effects and impacts would prevent a meaningful 
decision on the merits.
    (2) The Reviewing Officer shall rule on a stay request no later than 
10 calendar days from receipt.
    (i) If a stay is granted, the stay shall specify the activities to 
be stopped, duration of the stay, and reasons for granting the stay.
    (ii) If a stay is denied in whole or in part, the decision shall 
specify the reasons for the denial.
    (iii) A copy of the decision shall be sent to the appellant and the 
Forest

[[Page 18]]

Officer who made the initial decision to reoffer.
    (iv) A Reviewing Officer's decision on a stay is not subject to 
further appeal or review.
    (m) Review procedures. (1) The Reviewing Officer shall determine if 
the notice of appeal has been timely filed. In the event of question, 
legible postmarks will be considered evidence of timely filing. Where 
postmarks are illegible, the Reviewing Officer shall rule on the timely 
receipt of the notice of appeal. If the appeal is untimely, the 
Reviewing Officer will immediately dismiss the appeal and notify the 
Forest officer making the initial decision and the appellant.
    (2) Upon receipt of a copy of the notice of appeal, the Forest 
Officer making the decision to reoffer a sale shall assemble the 
relevant decision documents and pertinent records and transmit them to 
the Reviewing Officer within 15 calendar days.
    (3) In transmitting the decision documentation to the Reviewing 
Officer, the Forest Officer shall indicate how and specifically where 
the appellant's issues are addressed. Where time permits, the Forest 
Officer may also respond briefly to issues raised in the notice of 
appeal. A copy of the transmittal letter shall be provided to the 
appellant(s).
    (4) The record on which the Reviewing Officer shall conduct a review 
consists of the notice of appeal, any other written comments received, 
the official documentation prepared by the Forest Officer making the 
initial decision to reoffer, and any related correspondence, including 
additional information requested by the Reviewing Officer.
    (5) The review record is open to public inspection.
    (n) Requests for additional information. At any time during the 
review, the Reviewing Officer may request additional information from an 
appellant, the Forest officer making the initial decision to reoffer, or 
anyone who has submitted written comments. In addition, the Reviewing 
Officer may discuss issues related to the appeal with the Forest officer 
making the initial decision to reoffer, appellants, or those receiving 
notice pursuant to paragraph (c) of this section, as needed to clarify 
information submitted or to seek resolution of the issues in question.
    (o) Decision. (1) The Reviewing Officer shall issue a final decision 
on the appeal, in writing, within 90 days of the Reviewing Officer's 
receipt of the notice of appeal, with a copy to any person submitting 
comments.
    (2) The Reviewing Officer's decision shall either affirm or reverse 
the original decision in whole or in part and include the reason(s) for 
the decision. The Reviewing Officer's decision may include instructions 
for further action by the Forest Officer making the initial decision.
    (3) The Reviewing Officer's decision is the final administrative 
decision of the Department of Agriculture and that decision is not 
subject to further review under this section or any other appeal 
regulation, except for appeals to the second level filed pursuant to 
paragraph (g) of this section.
    (p) Dismissal. (1) A Reviewing Officer shall dismiss an appeal 
without decision on the merits when:
    (i) The appeal is not received within the time specified in 
paragraph (h) of this section;
    (ii) The requested relief cannot be granted under existing facts, 
law or regulation;
    (iii) The notice of appeal does not meet the requirements of 
paragraph (j) or (k) of this section;
    (iv) The appellant withdraws the appeal; or
    (v) The Forest Officer making the initial decision to reoffer a sale 
withdraws that decision.
    (2) An appeal may be dismissed in whole or in part if an appellant 
challenges a Decision Notice or Record of Decision without referring to 
(i) changed circumstances or (ii) environmentally significant 
modifications which are alleged to have occurred after the initial 
timber sale was offered and the decision made to sell the timber.
    (3) A Reviewing Officer's decision to dismiss is not subject to 
further appeal or review.
    (4) A Reviewing Officer shall give written notice of dismissal to 
the appellant and Forest Officer whose initial decision or appeal 
decision is being appealed.

[[Page 19]]

    (q) Applicability and effective date. The procedures of this section 
shall not apply to any decision signed on or after September 13, 1991.
[53 FR 13265, Apr. 22, 1988; 53 FR 40730, Oct. 18, 1988, as amended at 
56 FR 46550, Sept. 13, 1991]



Sec. 211.18  Appeal of decisions of forest officers.

    (a) Matters subject to appeal. (1) Decisions of Forest Officers 
concerning the National Forest System and not excluded in paragraph (b) 
of this section are subject to appeal.
    (2) Written notice of a decision shall be provided to the party or 
parties to a written instrument issued by the Forest Service and 
affected by the decision, and to any other interested person who has 
requested in writing notification of the specific decision.
    (3) For other persons, notification of a decision may be provided 
through publication in a newspaper of general circulation.
    (b) Matters excluded from appeal under this section. (1) Decisions 
appealable to the Agriculture Board of Contract Appeals, USDA, under 7 
CFR part 24.
    (2) Decisions involving Freedom of Information Act denials under 7 
CFR part 1 or Privacy Act determinations under 7 CFR 1.118.
    (3) Decisions in which the jurisdiction of another Government 
agency, the Comptroller General, or a court supersedes that of the 
Department of Agriculture, or decisions to provide advisory, non-binding 
recommendations to other agencies which have the final authority to 
implement the recommendations in question.
    (4) Decisions appealable under separate administrative proceedings, 
including, but not limited to, those under 36 CFR 228.14 (Minerals); 36 
CFR 292.15(l) (Appeals, Sawtooth National Recreation Area, Private 
Lands); 36 CFR 223.117 (Administration of Cooperative or Federal 
Sustained Yield Units); 7 CFR 21.104 (Eligibility for Relocation Payment 
or Amount); and 4 CFR part 21 (Bid Protests).
    (5) Decisions pursuant to OMB Circular A-76.
    (6) Decisions concerning contracts under the Federal Property and 
Administrative Services Act of 1949, as amended.
    (7) Decisions covered by the Contract Disputes Act.
    (8) Decisions involving personnel matters.
    (9) Decisions where relief sought is reformation of a contract or 
award of monetary damages.
    (10) Procedural decisions made under this subpart, except those 
involving stays and dismissals.
    (11) Preliminary planning process decisions made prior to completion 
of final plans and guides prepared pursuant to 36 CFR part 219 and 40 
CFR parts 1500-1508.
    (12) Decisions resulting from review of previous decisions to 
terminate a recreation residence permit.
    (13) Decisions to reoffer timber from returned or defaulted timber 
sales appealable under Sec. 211.17.
    (14) Subsequent actions to advertise and/or award a reoffered sale.
    (15) Initial decisions arising from recovery and rehabilitation 
activities resulting from natural catastrophes appealable under 
Sec. 211.16 of this subpart and subsequent implementing decisions, such 
as advertising timber salvage sales and/or awarding contracts made 
pursuant to such decisions.
    (c) Filing procedures and timeliness. (1) A notice of appeal of any 
initial decision must be filed with the Forest Officer who made the 
decision, known as the Deciding Officer, within 45 days of the date of 
the decision. A statement of reasons to support the appeal, and any 
request for an oral presentation must also be filed within the 45-day 
period for filing a notice of appeal unless an extension is granted.
    (2) A notice of appeal at the second level must be filed within 30 
days of written decision. A statement of reasons to support the appeal 
and any request for an oral presentation must accompany any notice of 
appeal at the second level.
    (3) The period to appeal a decision made according to 40 CFR 1505.2 
shall not end prior to the 30-day period provided for in 40 CFR 1506.10.
    (4) When determining time of filing, Reviewing Officers shall give 
precedence to United States Postal Service (USPS) postmarks over other 
evidence

[[Page 20]]

of timely filing. Filing is defined as either mailing or delivery of the 
appropriate documents. If documents are delivered by means other than 
the USPS, date of receipt determines time of filing. If the date of 
mailing cannot be determined from a legible USPS postmark, the Reviewing 
Officer may accept other evidence of timely filing. Weekends or Federal 
holidays are included in computing the time allowed for filing, but when 
the filing time would expire on a weekend or holiday, the filing time is 
extended to the end of the next business day.
    (5) Questions on timeliness will be decided by the Reviewing 
Officer.
    (6) Decisions may be implemented unless a stay is granted.
    (d) Extensions. (1) Time for filing notice of appeal may not be 
extended.
    (2) Written requests for extensions to request an oral presentation, 
to prepare a statement of reasons, to provide comments on the responsive 
statement, and to submit comments following an oral presentation may be 
granted by the Reviewing Officer for good cause shown by the Applicant. 
A decision will be made within 10 days of receipt and written 
notification will be provided.
    (e) Notice of appeal content. The notice must specifically identify 
the decision being appealed, the decision date, the Forest Officer who 
made the decision, how the Appellant is affected by the decision, and 
the relief desired.
    (f) Levels of appeal. (1) The available levels of appeal are in 
sequence according to the National Forest System line officer 
relationship. A decision made within delegated authority by any officer 
who serves as staff to a line officer listed below is considered a 
decision made by the line officer. A procedural decision cannot be 
appealed to a level higher than that available for the initial 
substantive decision from which the procedural matter arises.
    (i) Initial decisions of a District Ranger may be appealed to the 
Forest Supervisor, with second level appeal to the Regional Forester.
    (ii) Initial decisions of a Forest Supervisor may be appealed to the 
Regional Forester, with second level appeal to the Chief.
    (iii) Initial decisions of a Regional Forester may be appealed to 
the Chief.
    (iv) Initial decisions of the Chief may be appealed to the Secretary 
of Agriculture.
    (2) Appeal decisions made by the Chief will be sent to the Secretary 
within one business day: The Secretary may exercise discretion to review 
such decisions, but will accept a notice of appeal or petition only for 
initial decisions made by the Chief.
    (3) A notice of appeal of any initial decision made by the Chief 
shall, within 5 days of its receipt by the Chief, be sent along with the 
relevant decision to the Secretary for review at the Secretary's 
discretion. The appeal is deemed denied if the Secretary takes no action 
within 10 days of receiving the appeal.
    (4) Appeal decisions made by the Chief may be implemented if the 
Secretary, within 10 days of receipt, does not exercise discretionary 
review.
    (5) If the Secretary elects to review a decision made by the Chief, 
the review may be conducted based on the record before the Chief, or 
under other procedures the Secretary may deem appropriate, including the 
preparation of a responsive statement.
    (6) Decisions at the final level of review constitute the final 
administrative determination of the Department of Agriculture.
    (g) Responsive statement. At each level of appeal except for 
decisions of the Chief, the Deciding Officer will, within 30 days of 
receiving a statement of reasons, prepare a responsive statement and 
send it to the parties to the appeal. The responsive statement will 
respond to Appellant's reasons, and by specific reference may 
incorporate documents submitted by parties to the appeal. Appellants 
may, within 20 days from the mailing date of the responsive statement, 
provide a concise reply. Upon receipt of such reply, or at the end of 
the 20-day period, whichever comes first, the appeal record will be sent 
to the Reviewing Officer.
    (h) Stay of decision pending appeal. (1) An appellant or intervenor 
may request a stay of decision at any time while an appeal is pending.

[[Page 21]]

    (2) When a request to intervene is accompanied by a stay request, 
the Reviewing Officer shall first decide whether to grant intervention. 
The 21-day period for ruling on the stay request begins on the date 
intervention is granted. The Reviewing Officer will not rule on the stay 
request if intervention is denied.
    (3) In making a request for stay of decision, an appellant or 
intervenor must:
    (i) File the request for stay and accompanying documents with the 
Reviewing Officer and simultaneously provide a copy to the Deciding 
Officer.
    (ii) Enclose a copy of the Notice of Appeal or request for 
intervention, unless already submitted and acknowledged.
    (iii) As part of the request, provide a written description of the 
specific project(s), activity(ies), or other action(s) to be stopped. 
The request must state the specific reason(s) why the stay should be 
granted in detail sufficient to permit the Reviewing Officer to evaluate 
and rule upon the stay request. Requesters' description shall include:
    (A) Specific effect(s) upon the requester in site-specific terms of 
the project(s), activity(ies), or other action(s) to be stopped; (B) 
impacts or affects to resources in the area affected by the project(s), 
activity(ies), or action(s) to be stopped; and (C) how the effects in 
paragraphs (h)(3)(iii) (A) and (B) of this section would prevent a 
meaningful appeal on the merits while the appeal decision is pending.
    (4) The Reviewing Officer may rule on a stay request or petition to 
change or lift a stay at any time, but, must rule no later than 21 
calendar days from receipt.
    (i) If a stay is granted, the stay shall specify: Specific 
activities to be stopped; duration of the stay; and reasons for granting 
the stay. A stay shall remain in effect for 10 days after a decision on 
the merits, unless a different period is specified in the stay decision 
document, or a Reviewing Officer changes a stay decision pursuant to 
paragraph (h)(7) of this section.
    (ii) If a stay is denied, in whole or in part, the decision document 
shall specify the reasons for the denial and any subsequent appeal 
rights.
    (5) In deciding a stay request, a Reviewing Officer shall consider 
the following:
    (i) Information provided by the requester pursuant to paragraph 
(h)(3)(iii) of this section including the validity of any claims of 
injury to the requester or the public interest.
    (ii) The effect a stay decision would have on the preservation of a 
meaningful appeal on the merits.
    (iii) Any other factors the Reviewing Officer may consider relevant.
    (6) Deciding Officers may provide Reviewing Officers with a response 
to stay requests. A copy of any response provided shall be sent to all 
parties to the appeal.
    (7) A Reviewing Officer may change a stay decision, according to any 
terms established in the stay decision itself, or at any time during 
pendancy of an appeal that circumstances support a change of the stay.
    (i) A Reviewing Officer may change a stay decision upon petition by 
any party to the appeal (including the Deciding Officer) at any time 
that circumstances support such action. A decision not to change a stay 
decision is not appealable.
    (ii) In making any change to a stay decision, the Reviewing Officer 
must consider the criteria outlined in paragraph (h)(5) of this section.
    (iii) Petitions to change an existing stay decision must contain an 
explanation of how circumstances have changed.
    (8) Levels of appeal for any decision on a stay request or change 
thereof are those specified in paragraphs (f), (l), and (o) of this 
section. Appellants may choose to file a procedural appeal of a stay 
decision pursuant to paragraph (o)(4) of this section or to request a 
change in a stay decision pursuant to paragraph (h)(7) of this section, 
but may not elect to pursue both options. In appeals with multiple 
parties (appellants and/or intervenors), once any party invokes a 
procedural appeal of a stay decision or a request to change a stay 
decision, whichever occurs first, all other parties shall be bound by 
that action and cannot then pursue the alternate course of action.

[[Page 22]]

    (9) The provisions of paragraphs (h)(1) through (h)(8) of this 
section apply to all appeals pending on July 20, 1987.
    (i) Dismissal. (1) An Appellant may withdraw an appeal at any time 
by notifying the Deciding Officer and other parties to the appeal in 
writing.
    (2) A Reviewing Officer may dismiss an appeal when:
    (i) Appellant has failed to submit a timely statement of reasons and 
the notice of appeal provides an insufficient basis upon which to base a 
decision.
    (ii) Relief desired by the Appellant cannot be granted under 
existing facts or laws.
    (3) Dismissals are appealable, if a level is available as set forth 
in paragraph (f) of this section.
    (j) Scope of appeal. Throughout all levels of appeal, an Appellant 
and any Intervenor shall be confined to the issues originally raised in 
the appeal. New information on the original issues may be introduced at 
any level.
    (k) Provision for comments. Any person or organization may submit 
written comments for the record. Such comments will be considered as 
provided for in paragraph (p) of this section.
    (l) Intervenors. (1) At the discretion of the Reviewing Officer, any 
person or organization having an immediate interest in the subject of an 
appeal may intervene by submitting written information at any level of 
the apppeal process. Such intervention shall not act to elevate the 
appeal to levels higher than available to the original Appellant.
    (2) In appeals involving Intervenors, the Reviewing Officer may 
prescribe special procedures to expedite the process. The parties to the 
appeal will be notified of these procedures.
    (3) Appellants and Intervenors must concurrently furnish copies of 
all submissions to each other; otherwise, such submissions may be 
removed from the appeal record. At the discretion of the Reviewing 
Officer, Appellants may be given time to review and comment on initial 
submissions by intervenors and vice versa.
    (4) Appellants or Intervenors appealing a decision to a higher level 
must furnish copies of their notice of appeal to all other named parties 
to the appeal.
    (m) Oral presentation. Within the appeal time limits established 
herein, parties to an appeal may ask to give an oral presentation. The 
Reviewing Officer will respond in writing to the request no later than 
10 days after receiving the appeal record. If the request is granted, 
the Reviewing Officer will advise the parties of who will hear the 
presentation, and of the place, time, and date. Participants may provide 
documentary material at the presentation and, within 10 days after the 
presentation, may also submit a brief summary of their remarks.
    (n) Consolidation of appeals. Multiple appeals of the same decision, 
or of similar decisions involving common issues, facts, or law, may be 
consolidated by the Reviewing Officer who may then issue one appeal 
decision. At the discretion of the Reviewing Officer, the Deciding 
Officer may prepare one responsive statement to multiple appeals.
    (o) Procedural matters. (1) Decisions on stays and dismissals are 
the only appealable procedural decisions. Such appeals must be filed 
with the Deciding Officer within 30 days of the procedural decision. A 
statement of the Appellant's reasons must be included.
    (2) Within 10 days of receipt, the Deciding Officer shall send 
appeals on stays and dismissals and a response to the Reviewing Officer 
for decision.
    (3) Decisions on procedural matters will be made by the Reviewing 
Officer within 10 days of receipt and all parties will be notified of 
the decision in writing.
    (4) Appeal of decisions on procedural matters cannot exceed the 
highest level available for the initial substantive decision appealed.
    (p) Appeal record. The record consists of a distinct set of 
identifiable documents directly concerning the appeal, including, but 
not limited to, notices of appeal, comments, statements of reasons, 
responsive statements, procedural determinations, correspondence, 
summaries of oral presentations and related documents, appeal decisions, 
and other information the Reviewing Officer may consider necessary to 
reach a decision. For a period not to

[[Page 23]]

exceed 10 days following the date the record is received by the 
Reviewing Officer or from the date of the oral presentation, whichever 
is the later date, parties may submit additional information to the 
Reviewing Officer for the record. They must concurrently send copies to 
all other parties who may within 20 days of the date they receive such 
material, provide a concise response to the Reviewing Officer. Upon 
receipt of such response, the record will be closed. The record is open 
for public inspection.
    (q) Request for additional information or remand for further action. 
If the appeal record is considered inadequate to affirm or reverse a 
decision, the Reviewing Officer may suspend the appeal process and 
request additional information, or remand the case with instructions for 
further action.
    (r) Appeal decision. An appeal decision will be based only on the 
record and should be made within 30 days of the date the record is 
closed. The Appellant will be notified if more time is needed.
    (s) Continuance of appeals. Provisions of 36 CFR 211.19 will remain 
in effect for appeals initially filed between June 28, 1977, and the 
effective date of 36 CFR 211.18. The procedures of this section shall 
not apply to any decision of a forest officer made after February 21, 
1989.
[48 FR 13425, Mar. 31, 1983, as amended at 49 FR 26591, June 28, 1984; 
51 FR 19831, June 3, 1986; 51 FR 41785, Nov. 19, 1986; 52 FR 23178, June 
18, 1987; 52 FR 27547, July 22, 1987; 53 FR 2493, Jan. 28, 1988; 53 FR 
17033, May 13, 1988; 54 FR 3357, Jan. 23, 1989; 54 FR 6892, Feb. 15, 
1989]



PART 212--ADMINISTRATION OF THE FOREST DEVELOPMENT TRANSPORTATION SYSTEM--Table of Contents




Sec.
212.1  Definitions.
212.2  Forest development transportation program.
212.3  Cooperative work.
212.4  Construction and maintenance.
212.5  Road system management.
212.6  Ingress and egress.
212.7  Access procurement by the United States.
212.8  Permission to cross lands and easements owned by the United 
          States and administered by the Forest Service.
212.9  Principles for sharing use of roads.
212.10  Maximum economy forest development roads.
212.11--212.19  [Reserved]
212.20  National forest development trail system operation.
212.21  Pacific Crest National Scenic Trail.

    Authority:  16 U.S.C. 551, 23 U.S.C. 205.



Sec. 212.1  Definitions.

    For the purpose of this part the following terms, respectively, 
shall mean:
    (a) Chief. The Chief, Forest Service, Department of Agriculture.
    (b) Regional forester. A regional forester of the Forest Service.
    (c) Forest development transportation plan. The plan for the system 
of access roads, trails, and airfields needed for the protection, 
administration, and utilization of the National Forests and other lands 
administered by the Forest Service, or the development and use of 
resources upon which communities within or adjacent to the National 
Forests are dependent.
    (d) Forest development transportation facility. An access road, 
trail, or airfield wholly or partly within or adjacent to and serving a 
National Forest and other lands administered by the Forest Service which 
has been included in the forest development transportation plan.
    (e) Forest development road and trail funds. Funds authorized or 
appropriated for the purpose of carrying out the provisions of section 
205 of the Act of August 27, 1958 (72 Stat. 907), as amended; 23 U.S.C. 
205.
    (f) Road and trail 10 percent funds. Funds available from the 
permanent appropriation ``Roads and Trails for States'' under the Act of 
March 4, 1913 (37 Stat. 843), as amended; 16 U.S.C. 501.
    (g) Federal airport funds. Discretionary funds available for 
airfields in National Forests under section 6(b)(3) of the Act of May 
13, 1946 (60 Stat. 173), as amended; 49 U.S.C. 1105(b)(3).
    (h) Construction. The supervising, inspecting, actual building, and 
all expense incidental to the construction or reconstruction of a forest 
development

[[Page 24]]

transportation facility, including locating, surveying, and mapping 
(including the establishment of temporary and permanent geodetic markers 
in accordance with the specifications of the Coast and Geodetic Survey 
in the Department of Commerce), costs of rights-of-way, and elimination 
of hazards.
    (i) Maintenance. The upkeep of the entire forest development 
transportation facility including surface and shoulders, parking and 
side areas, structures, and such traffic-control devices as are 
necessary for its safe and efficient utilization.
    (j) Preconstruction engineering. All work and expense of preparing 
for construction or reconstruction of a forest development 
transportation facility including:
    (1) Engineering and economic investigations, studies, and reports;
    (2) Reconnaissance surveys;
    (3) Preliminary surveys;
    (4) Preliminary location surveys;
    (5) Soils, foundations, and materials investigations, surveys, and 
tests;
    (6) Preliminary and final designs;
    (7) Preliminary and final plans, drawings, specifications, and 
estimates of quantities and cost;
    (8) Final location surveys staked on the ground; and
    (9) Rights-of-way surveys, plans, and descriptions.
    (k) Construction engineering. All work and expense of setting out, 
controlling, inspecting, and measuring the construction or 
reconstruction of a forest development transportation facility 
including:
    (1) Construction surveys to establish line and grade for the work, 
to control the work, and to measure quantities;
    (2) Redesigning, adjusting, and changing the plans, specifications, 
and materials to meet conditions;
    (3) Inspecting, directing, and controlling operations for compliance 
with plans and specifications;
    (4) Inspecting, testing, and accepting materials and equipment to be 
installed in the work; and
      
    (5) Inspecting, measuring, and accepting completed work.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 Stat. 
1089; 16 U.S.C. 471, 478, 498, 525, 528, 531, 532, 538, 551, 572, 23 
U.S.C. 101, 205, 40 U.S.C. 257, 258a, et seq., 42 Atty. Gen. Op. No. 7, 
Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 41 
Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5476, Apr. 16, 1965]



Sec. 212.2  Forest development transportation program.

    (a) A forest development transportation plan must be prepared for 
each National Forest and experimental forest and other areas under 
Forest Service administration. The plan must be prepared, maintained, 
revised, and reported on in accordance with procedures prescribed by the 
Chief.
    (b) A program of work for the forest development transportation 
system shall be developed each fiscal year in accordance with procedures 
prescribed by the Chief.
    (c) Forest development transportation system funds shall be 
allocated based on consideration of relative needs of the various 
National Forests and other lands administered by the Forest Service, the 
existing transportation facilities, the value of timber or other 
resources served, relative fire danger, and comparative difficulties of 
construction.
[62 FR 58654, Oct. 30, 1997]



Sec. 212.3  Cooperative work.

    (a) Cooperative agreements for all projects which involve financial 
contributions from cooperators shall be negotiated, approved, and 
executed in accordance with procedures prescribed by the Chief.
    (b) Cooperative funds contributed in advance shall be deposited in 
the United States Treasury to the credit of the Forest Service 
Cooperative Fund authorized by the Act of June 30, 1914 (38 Stat. 430), 
as amended; 16 U.S.C. 498, or the Act of March 3, 1925 (43 Stat. 1132), 
as amended; 16 U.S.C. 572, which deposits will be made available for 
expenditure from the appropriation ``Cooperative Work, Forest Service.'' 
If a State, county or other governmental

[[Page 25]]

agency is unable to contribute funds under the Act of March 3, 1925, as 
amended, in advance but is able to pay its share subsequent to 
performance of the work, the subsequent payment of such funds will be 
deposited to the credit of the Forest Service appropriation from which 
the expenditures were made or to appropriations for similar purposes 
currently available at the time of deposit.
[25 FR 6360, July 7, 1960. Redesignated at 62 FR 58654, Oct. 30, 1997]



Sec. 212.4  Construction and maintenance.

    (a) Construction and maintenance work on forest development 
transportation facilities with appropriated funds shall be directed to 
what is necessary and economically justified for protection, 
administration, development, and multiple-use management of the 
federally owned lands and resources served.
    (b) Preliminary engineering and the construction and maintenance of 
forest development transportation facilities shall be performed by force 
account or let to contract, unless otherwise approved by the Chief. The 
contract method shall be employed for roads and trails in accordance 
with section 205(c) of the Act of August 27, 1958 (72 Stat. 907); 23 
U.S.C. 205, and for all other facilities when it is advantageous and in 
the interest of the Government.
    (c) No construction work shall be started by force account or let to 
contract until all necessary rights of way have been secured, and 
approved by the Attorney General, if required, and cooperative 
agreements, if any, approved and executed.
[24 FR 10256, Dec. 18, 1959, as amended at 25 FR 6360, July 7, 1960. 
Redesignated at 62 FR 58654, Oct. 30, 1997]



Sec. 212.5  Road system management.

    (a) Traffic rules. Rules set forth under 36 CFR part 261 and this 
section shall apply to all forest development roads under the 
jurisdiction of the Forest Service except when in conflict with written 
agreement.
    (1) General. Traffic on roads is subject to State traffic laws where 
applicable except when in conflict with the rules established under 36 
CFR part 261.
    (2) Specific. The following specific traffic rules shall apply 
unless different rules are established in 36 CFR part 261.
    (i) The load, weight, length, height, and width limitations of 
vehicles shall be in accordance with the laws of the States wherein the 
road is located. Greater or lesser limits may be imposed and these 
greater or lesser limits shall be established as provided in 36 CFR part 
261.
    (ii) Roads, or segments thereof, may be restricted to use by certain 
classes of vehicles or types of traffic as provided in 36 CFR part 261. 
Classes of vehicles are defined to include, but not be limited to, 
distinguishable groupings such as passenger cars, buses, trucks, 
motorcycles, automobiles, 4-wheel drive vehicles and tailers. Types of 
traffic are defined to include, but not be limited to, groupings such as 
commercial hauling, recreation and administrative.
    (iii) Roads, or segments thereof, may be closed to all vehicle use 
as provided in 36 CFR part 261.
    (iv) Additional rules may be imposed as provided in 36 CFR part 261.
    (b) [Reserved]
    (c) Cost recovery on forest service roads. The Chief may determine 
that a share of the cost of acquisition, construction, reconstruction, 
improvement, or maintenance of a road, or segment thereof, used or to be 
used for commercial hauling of non-Federal forests products and other 
non-Federal products, commodities and materials, should be borne by the 
owners or haulers thereof. The Chief may condition the permission to use 
a road, or segment thereof, upon payment to the United States of the 
proportionate share of the cost and bearing proportionate maintenance as 
determined to be attributable to the owner's or hauler's use in 
accordance with Sec. 212.9. This condition to use roads would apply 
where the owners or haulers:
    (1) Have not shared in the cost of acquisition, construction, 
reconstruction, or improvements, and
    (2) Have not made contributions to pay their proportionate share of 
the costs.

[[Page 26]]

    (d) Maintenance and reconstruction of forest service roads by 
users--(1) Maintenance. The Chief may require, but not in conflict with 
an existing permit, easement, contract, or other agreement, the user or 
users of a road, including purchasers of Government timber and other 
products, to maintain the roads in a satisfactory condition commensurate 
with the particular use requirements of each. The maintenance to be 
borne by each user shall be proportionate to total use and no individual 
user shall be required to perform or bear the costs of maintenance other 
than that commensurate with his use.
    (2) Reconstruction. The Chief may require, but not in conflict with 
an existing permit, easement, contract, or other agreement, the user or 
users of a road to reconstruct it when, at the time the use is 
requested, reconstruction is determined to be necessary to accommodate 
his use.
    (3) Deposits in lieu of performance. If the maintenance or 
reconstruction cannot be so provided or if the Chief determines that 
maintenance or reconstruction by a user would not be practical, the 
Chief may require that sufficient funds be deposited by the user to 
provide his portion of the total maintenance or reconstruction costs. 
Deposits made to cover maintenance or reconstruction of roads shall be 
used for the purposes deposited, except that:
    (i) Deposits received for work on adjacent and overlapping areas may 
be combined when it is the most practicable and efficient manner of 
performing the work, and cost thereof may be determined by estimates, 
and
    (ii) Unexpended balances upon accomplishment of the purposes for 
which deposited shall be transferred to miscellaneous receipts or 
refunded.
    (e) Deposits for making delayed payments to cooperator. Any fees or 
other collections received by the Chief under the terms of an agreement 
or other document providing for delayed payments to the Government's 
cooperator for use of a road shall be placed in a fund available for 
making these payments.
[39 FR 27649, July 31, 1974, as amended at 42 FR 2957, Jan. 14, 1977; 43 
FR 20007, May 10, 1978; 62 FR 58654, Oct. 30, 1997. Redesignated and 
amended at 62 FR 58654, Oct. 30, 1997]



Sec. 212.6  Ingress and egress.

    (a) Policy in acquiring and granting access. To assure effective 
protection, management, and 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 upon which communities 
within or adjacent to the National Forests are dependent, the Chief 
shall as promptly as is feasible obtain needed access thereto and shall 
grant appropriate access across National Forest and other lands and 
easements administered by the Forest Service to intermingled or adjacent 
landowners. Construction, reconstruction or maintenance of a road or 
highway requires written authorization.
    (b) Actual settlers and other persons residing within the National 
Forests and other areas administered by the Forest Service. Actual 
settlers and other persons residing within the National Forests and 
other areas administered by the Forest Service shall be permitted 
ingress and egress over the same and use of existing forest development 
roads and trails in order to reach their homes and to utilize their 
property: Provided, such ingress and egress or use shall conform to 
rules and regulations governing the protection and administration of the 
lands and the roads or trails to be used.
    (c) Others. Entering upon the National Forests and other lands 
administered by the Forest Service and use of existing forest 
development roads and trails shall be permitted for all proper and 
lawful purposes subject to compliance with rules and regulations 
governing the lands and the roads or trails to be used.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233 38 Stat. 430, 46 
Stat. 1421, 64 Stat. 82, 72 Stat. 885; as amended, 74 Stat. 215, 78 
Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528-531, 532, 538, 551, 572, 
23 U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; 42 Atty. Gen. Op. No. 
7; Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 
41 Comp. Gen. 576, and 42 Comp. Gen. 590)

[40 FR 52611, Nov. 11, 1975, as amended at 42 FR 2957, Jan. 14, 1977. 
Redesignated at 62 FR 58654, Oct. 30, 1997]

[[Page 27]]



Sec. 212.7  Access procurement by the United States.

    (a) Existing or proposed forest development roads which are or will 
be parts of a system of a State, county, or other local subdivision. 
Forest development roads which are or will be parts of a road system of 
a State, county, or other local subdivision and are on rights-of-way 
held in the name of the State, county, or other local subdivision may be 
constructed, reconstructed, improved or maintained by the Forest Service 
when there is an appropriate agreement with the State, county, or other 
local subdivision under authority of 23 U.S.C. 205: Provided, Such 
construction, reconstruction, improvement, or maintenance is essential 
to provide safe and economical access to the National Forests and other 
lands administered by the Forest Service.
    (b) Acquisition of easements and rights of use. Except as otherwise 
provided in the regulations of this part, easements for road and trail 
construction across non-Federal lands and easements or rights of use 
over non-Federal roads and trails will be acquired in the name of the 
United States of America and its assigns. The easements or rights of use 
may be acquired by purchase, condemnation, donation, or as a reciprocal 
for permits or easements for roads or trails to be constructed or for 
easements over or permits to use existing roads or trails.
    (c) Methods of compensation for easements and rights of use acquired 
by the United States. Compensation in negotiated acquisitions may be:
    (1) By payment from appropriated funds;
    (2) Pursuant to reservation in the grant of easement to the United 
States whereby the grantor reserves the right to require haulers of 
Federal timber or other Federal products over the road conveyed or 
thereafter constructed by the grantor to make payments to the grantor in 
accordance with the terms of the reservation;
    (3) By granting reciprocal rights; or
    (4) By a combination of these methods.
    (d) Cooperative construction and use agreements. Where areas, partly 
lands administered by the Forest Service and partly private or other 
ownership are undeveloped or inadequately developed by roads, the Chief 
will, to the extent feasible and advantageous to the United States, join 
in planning, constructing, reconstructing, improving, maintaining, and 
using an adequate road system on the basis of each party bearing the 
proportion of the cost attributable to the anticipated benefits as set 
forth in Sec. 212.9.
    (e) Condemnation. Where access across non-Federal land or over a 
non-Federal road or trail cannot be obtained through negotiations with 
reasonable promptness, condemnation will be undertaken.
    (f) Access over non-Federal land and use of non-Federal roads or 
trails on a temporary basis. The Chief may negotiate a temporary 
agreement for access over non-Federal land and for use of an existing 
non-Federal road or trail where there is immediate need for temporary 
access for limited purposes that can be economically met by such 
procedure, or where the foreseeable need does not justify the 
expenditures necessary to provide a permanent road or trail.
    (g) Use and control of interests in roads, trails, and easements 
acquired by the United States. Interests in roads, trails, and easements 
acquired by the United States shall be under the control of the United 
States, subject to approved reservations, limitations and other 
provisions set forth in the easement, permit, or other indenture. This 
control by the United States may include restricting or conditioning the 
use of the interest owned by the United States in the road, trail, or 
easement where necessary.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421, 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 
Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528-531, 532, 551, 572, 23 
U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; 42 Atty. Gen. Op. No. 7; 
Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 41 
Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5476, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974; 62 
FR 58654, Oct. 30, 1997. Redesignated and amended at 62 FR 58654, Oct. 
30, 1997]

[[Page 28]]



Sec. 212.8  Permission to cross lands and easements owned by the United States and administered by the Forest Service.

    (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 by the United States, 
permission to construct or use a road across lands and across assignable 
easements owned by the United States and administered by the Forest 
Service will be conditioned, except as provided in this section, for any 
applicant who seeks a permit to construct or use a road across the same, 
upon the grant to the United States of a reciprocal benefit. Such 
benefit shall bear:
    (1) A reasonable relation to the management of lands administered by 
the Forest Service; and
    (2) A value substantially similar to the value of the estate or 
interest in lands or easements applied for. In those instances where the 
values of the interests needed by the United States exceed those applied 
for by the applicant, the additional interests required by the United 
States will be acquired as provided in Sec. 212.7(b) and (c). Where 
values needed by the applicant exceed those needed by the United States, 
the difference in values will be determined under principles set forth 
below and in Secs. 212.5(c) and 212.9. If a reciprocal benefit is not 
needed by the United States, or the applicant shows good cause why the 
reciprocal benefit needed by the United States cannot or should not be 
granted by him, or the applicant declines to grant the reciprocal 
benefit requested by the United States or if a bona fide emergency 
exists, permission to construct or use a road across lands owned by the 
United States may be conditioned for any applicant upon reasonable 
charges and all other terms and conditions required by the Chief to 
protect the interests of the United States. Permits for such road 
construction or use will be non-exclusive and will be conditioned upon 
compliance with their terms and conditions and with the rules and 
regulations governing the protection and administration of the lands and 
those applicable to such roads.
    (b) [Reserved]
    (c) Replacement of prior grants. (1) Upon application to the Chief, 
an easement under the Act of March 3, 1899 (30 Stat. 1233, 16 U.S.C. 
525), shall be replaced by an easement under paragraph (d) of this 
section.
    (2) Upon application to the Chief, an easement shall be granted 
under paragraph (d) of this section as a replacement for any 
stipulations for ingress and egress issued under the Act of June 4, 1897 
or permit or other document evidencing the applicant's right to use a 
road: Provided, The applicant has met the requirements for obtaining 
such easement as set forth in paragraph (d) of this section.
    (d) Easements for roads crossing lands or easements administered by 
the Forest Service. (1) Applications for permanent or temporary 
easements for specified periods or otherwise to be granted under the Act 
of October 13, 1964 (78 Stat. 1039, 16 U.S.C. 533), over lands or 
easements administered by the Forest Service, or over roads thereon will 
be approved by the Chief for those applicants who have conveyed or 
provided appropriate easements over roads, assignable easements and 
lands owned or controlled by them to the United States of America and 
its assigns and who have already constructed, or will, as scheduled by 
agreement, construct their proportionate share of the road or road 
system of which the segments described in the application are parts. The 
Chief, after approval of the application and the grant of the easement, 
will cause the same to be entered in the records of the Forest Service, 
and delivered to the applicant.
    (2) Notwithstanding paragraph (d)(1) of this section, the Chief may 
grant to the applicant a permanent or temporary easement for specified 
periods or otherwise upon such exchange of easements or share-cost 
arrangement or other reasonable consideration as he may deem 
appropriate.
    (3) The Chief may grant to a State or local subdivision thereof; 
easements for roads over lands or easements administered by the Forest 
Service and over roads thereon, when the roads thereon or roads to be 
constructed thereon will serve said lands and are, or will become a part 
of the road system maintained by such State or local

[[Page 29]]

subdivision for general public use: Provided, That easements shall not 
be granted under authority of this act (78 Stat. 1089), 16 U.S.C. 533 
which may be granted under the Highway Act (72 Stat. 916, 23 U.S.C. 
317), as amended. The easements shall contain such provisions, terms, 
and conditions as the Chief may determine are necessary to retain and 
protect the interests needed by the United States.
    (4) All instruments affecting permanent interests in land executed 
pursuant to this paragraph (d) of this section shall be recorded in each 
county where the lands are located. Copies of all instruments affecting 
interests in lands reserved from public domain shall be furnished by the 
Chief to the Secretary of the Interior.
    (5) The Chief may terminate any easement granted under the 
provisions of the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 
534),
    (i) By consent of the owner of the easement,
    (ii) By condemnation, or
    (iii) Upon abandonment after nonuse by the owner of the easement for 
a period of 5 years. Before any easement is terminated for nonuse or 
abandonment, the owner of the easement must be given notice and, upon 
his request made within 60 days after receipt of the notice, a hearing 
in accordance with the provisions of 36 CFR part 211, subpart B.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421, 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 
Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528-531, 532, 538, 551, 572, 
23 U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; 42 Atty. Gen. Op. No. 
7; Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 
41 Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5476, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974; 48 
FR 28638, June 23, 1983. Redesignated and amended at 62 FR 58654, Oct. 
30, 1997]



Sec. 212.9  Principles for sharing use of roads.

    The use of roads under arrangements for sharing costs or performance 
shall be 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 or 
supplemental construction of the road to safety and economically serve 
the contemplated use, unless the Chief determines that the safety and 
economy of the established and foreseeable use by the United States, its 
users and cooperators will not be impaired by the use for which 
application is being made. With the consent of the Chief the applicant 
may deposit funds in the estimated amount required for the improvements 
or supplemental construction in lieu of performance. Such funds will be 
used by the Forest Service to do the planned work. The cost of the 
improvements or supplemental construction will be taken into account in 
determining any otherwise required contribution to cover the 
proportionate share of the cost of road acquisition, construction, 
reconstruction or improvement attributable to the use.
    (b) Corresponding benefits. Corresponding benefits which may be 
accepted by the Chief for sharing road use will be those which bear a 
reasonable relation to the management of lands administered by the 
Forest Service. They may be in the form of:
    (1) Deposit of funds with the Forest Service for use in paying the 
cost of road construction, reconstruction, or improvement to be borne by 
the user;
    (2) The grant of a reciprocal right of substantially similar value 
to the road use sought;
    (3) Construction, reconstruction, or improvement by applicant of a 
road needed for access to and use of lands administered by the Forest 
Service; or (4) any combination of these.
    (c) Cost determinations for roads cooperatively constructed under 
agreements. When roads are constructed under cooperative agreements to 
meet mutual needs of the United States and others for access, 
determinations of the shares of costs to be borne by the United States 
and the cooperating parties will include consideration of:
    (1) The standard of road required for the planned hauling;
    (2) The share of planned use;
    (3) The location and volume of tributary timber owned by each party 
and expected to be hauled over the road or roads;

[[Page 30]]

    (4) The tributary areas owned or controlled by each party;
    (5) Expected use by the public; and
    (6) Other appropriate considerations.
    (d) Cost recovery by the United States from others. When roads are 
used under permit for commercial hauling instead of under cooperative 
agreement, any cost to be recovered by the United States will be 
calculated in proportion to the planned use of the road. The road cost 
used in such calculation will be the amount or estimated amount expended 
in the acquisition, construction, reconstruction, and improvement of 
that capacity of the road required to serve the use needs of all parties 
that are or reasonably can be expected to use the road. The road costs 
shall not exceed the replacement value of the road. Such road share-cost 
payments will be through deposits in advance of use unless the user 
provides a payment bond satisfactory to the Chief guaranteeing that 
payments will be made promptly upon billing by the Forest Service.
    (e) Cost sharing with a cooperator. The costs to achieve the agreed 
upon road or road system may be met by:
    (1) Use of appropriated funds;
    (2) Construction, reconstruction, or improvement of roads or 
segments of roads by purchasers of products from lands administered by 
the Forest Service or other users;
    (3) Use of deposits made by cooperator with the Forest Service to 
cover cooperator's agreed share;
    (4) Agreement with cooperator pursuant to which cooperator does more 
than his agreed share of constructing, reconstructing, or improving a 
road and recovers costs incurred in excess of his agreed share by 
charging purchasers of products from lands administered by the Forest 
Service an equitable amount within the limits and to the total amount 
specified in the agreement; or
    (5) A combination of the aforementioned methods.
    (f) Road maintenance and resurfacing. Cooperators will share the 
road maintenance and resurfacing costs under suitable agreements to 
perform, arrange for performance by others, or by making deposits with 
the Forest Service which will be used to pay the cost of work necessary 
to keep such roads in satisfactory condition commensurate with use 
requirements of each cooperator. No cooperator shall be required to 
perform or bear such costs other than those occasioned by its individual 
use. Other users will bear costs in accordance with Sec. 212.5(d).
    (g) Interests to be acquired by the United States in roads or 
easements therefor. Where the United States is to bear or share the cost 
of constructing or improving, or acquiring a road system, a road, or a 
segment thereof, or acquires an easement therefor, the interest acquired 
will:
    (1) Be for perpetual use unless the road use falls within the 
limited classes where temporary roads or roads for limited periods are 
acceptable;
    (2) Provide adequately for foreseeable management, protection, and 
utilization needs of lands administered by the Forest Service and 
intermingled and adjacent private and public lands and for the use and 
development of the resources upon which communities within or adjacent 
to the National Forest are dependent; and
    (3) not be subject to conditions, reservations, or convenants 
unrelated to the road use, or which seek or might tend to direct or 
limit policies and procedures for management of lands administered by 
the Forest Service.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421, 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 
Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528-531, 532, 538, 551, 572, 
23 U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; 42 Atty. Gen. Op. No. 
7; Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 
41 Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5478, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974. 
Redesignated and amended at 62 FR 58654, Oct. 30, 1997]



Sec. 212.10  Maximum economy forest development roads.

    The Chief may acquire, construct, reconstruct, improve, and maintain 
forest development roads within and near the National Forests and other 
lands administered by the Forest Service in locations and according to 
specifications which will permit maximum economy in harvesting timber 
from such lands tributary to such roads and

[[Page 31]]

at the same time meet the requirements for protection, development, and 
management thereof and for utilization of the other resources thereof. 
Financing of such roads may be accomplished--
    (a) By the Chief utilizing appropriated funds,
    (b) By requirements on purchasers of National Forest timber and 
other products, including provisions for amortization of road costs in 
contracts,
    (c) By cooperative financing with other public agencies and with 
private agencies or persons, or
    (d) By a combination of these methods: Provided, That where roads of 
a higher standard than that needed in the harvesting and removal of the 
timber and other products covered by the particular sale are to be 
constructed, the purchaser of the National Forest timber and other 
products shall not be required to bear that part of the costs necessary 
to meet such higher standard, and the Chief may make such arrangements 
to this end as may be appropriate, including arrangements for 
performance of purchaser's road development work under the Act of March 
3, 1925, as amended by section 5 of the Act of April 24, 1950 (16 U.S.C. 
572).

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421, 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 
Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528-531, 532, 538, 551, 572, 
23 U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; 42 Atty. Gen. Op. No. 
7; Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 
41 Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5479, Apr. 16, 1965. Redesignated at 62 FR 58654, Oct. 30, 1997]



Secs. 212.11--212.19  [Reserved]



Sec. 212.20  National Forest development trail system operation.

    (a) Forest development trails. Forest development trails shall be 
identified on a map available to the public at the offices of the Forest 
Supervisors and District Rangers and shall be marked on the ground by 
appropriate signs which reasonably bring their location to the attention 
of the public.
    (b) [Reserved]
[43 FR 20007, May 10, 1978]



Sec. 212.21  Pacific Crest National Scenic Trail.

    The Pacific Crest National Scenic Trail as defined by the National 
Trails Systems 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. The use of motorized 
vehicles may be authorized by the Federal Agency administering the 
segment of trail involved when use of such vehicles is necessary to meet 
emergencies or to enable landowners or land users to have reasonable 
access to their lands or timber rights.

(82 Stat. 919 (16 U.S.C. 1241 et seq.))

[43 FR 20007, May 10, 1978]



PART 213--ADMINISTRATION OF LANDS UNDER TITLE III OF THE BANKHEAD-JONES FARM TENANT ACT BY THE FOREST SERVICE--Table of Contents




Sec.
213.1  Designation, administration, and development of National 
          Grasslands.
213.2  Authority for Chief, Forest Service, to group, define, and name 
          national grasslands.
213.3  Protection, occupancy, use, administration, and exercise of 
          reservations.
213.4  Prior rules and regulations superseded.

    Authority: 50 Stat. 525, as amended; 7 U.S.C. 1010-1012.



Sec. 213.1  Designation, administration, and development of National Grasslands.

    (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 National Grasslands.
    (b) The National Grasslands shall be a part of the National Forest 
system and permanently held by the Department of Agriculture for 
administration under the provisions and purposes of title III of the 
Bankhead-Jones Farm Tenant Act.
    (c) The National Grasslands shall be administered under sound and 
progressive principles of land conservation and multiple use, and to 
promote development of grassland agriculture and sustained-yield 
management of the forage,

[[Page 32]]

fish and wildlife, timber, water and recreational resources in the areas 
of which the National Grasslands are a part.
    (d) In the administration of the National Grasslands the resources 
shall be managed so as to maintain and improve soil and vegetative 
cover, and to demonstrate sound and practical principles of land use for 
the areas in which they are located. The Chief of the Forest Service 
shall, to the extent such action is feasible provide that policies for 
management of the Federally-owned lands exert a favorable influence for 
securing sound land conservation practices on associated private lands.
    (e) National Grasslands in the following States and counties are 
hereby grouped and designated as indicated:

------------------------------------------------------------------------
   State in which grassland is                          Counties where
             located              National grassland        located
------------------------------------------------------------------------
California......................  Butte Valley......  Siskiyou.
Colorado........................  Pawnee............  Weld.
                                  Comanche..........  Baca, Los Animas,
                                                       Otero.
Idaho...........................  Curlew............  Oneida, Power.
Kansas..........................  Cimarron..........  Morton, Stevens.
Nebraska........................  Oglala............  Dawes, Sioux.
New Mexico......................  Kiowa.............  Colfax, Harding,
                                                       Mora, Union.
North Dakota....................  Cedar River.......  Grant, Sioux.
                                  Sheyenne..........  Ransom, Richland.
                                  Little Missouri...  Billings, Golden
                                                       Valley, McKenzie,
                                                       Slope.
Oklahoma........................  Rita Blanca.......  Cimarron.
Oklahoma-Texas..................  Black Kettle......  Roger Mills
                                                       (Okla.), Hemphill
                                                       (Tex.).
Oregon..........................  Crooked River.....  Jefferson.
South Dakota....................  Buffalo Gap.......  Custer, Fall
                                                       River, Jackson,
                                                       Pennington.
                                  Grand River.......  Corson, Perkins,
                                                       Ziebach.
                                  Fort Pierre.......  Jones, Lyman,
                                                       Stanley.
Texas...........................  Lyndon B. Johnson.  Montague, Wise.
                                  Rita Blanca.......  Dallas.
                                  Caddo.............  Fannin.
                                  McClellan Creek...  Gray.
Wyoming.........................  Thunder Basin.....  Campbell,
                                                       Converse, Crook,
                                                       Niobrara, Weston.
------------------------------------------------------------------------

[25 FR 5845, June 24, 1960, as amended at 27 FR 12217, Dec. 11, 1962; 28 
FR 6268, June 19, 1963; 41 FR 38164, Sept. 9, 1976; 56 FR 8280, Feb. 28, 
1991]



Sec. 213.2  Authority for Chief, Forest Service, to group, define, and name national grasslands.

    The Chief, Forest Service, is authorized to group the national 
grasslands into administrative units, define, change or modify their 
boundaries, and to provide such specific designations therefor as he 
finds necessary and desirable for effective and economical 
administration thereof and for public and official reference thereto.
[33 FR 12370, Sept. 4, 1968]



Sec. 213.3  Protection, occupancy, use, administration, and exercise of reservations.

    (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, or promulgated, are hereby adopted as the rules 
and regulations to govern the exercise of reservations in conveyances to 
the United States and to prevent trespasses on and otherwise regulate 
the protection, use, occupancy, and administration of the National 
Grasslands and all other lands administered by the Forest Service under 
the provisions of title III of the Bankhead-Jones Farm Tenant Act 
insofar as is practical and consistent with said act: Provided, That 
Forest Service officers may continue under delegated authority to 
acquire lands, to make exchanges, to grant easements and enter into 
leases, permits, agreements, contracts and memoranda of understanding 
involving such lands under such terms and conditions and for such 
consideration, fees or rentals as authorized by title III of the said 
Act.
    (b) Existing valid rights, reservations easements, leases, permits, 
agreements, contracts and memoranda of understanding affecting these 
lands shall continue in full force and effect so long as they remain 
valid in accordance with the terms thereof.
[27 FR 9217, Sept. 18, 1962]



Sec. 213.4  Prior rules and regulations superseded.

    Except as provided in Sec. 213.3, the rules and regulations 
heretofore issued for the land utilization projects are hereby

[[Page 33]]

superseded as to all such projects administered by the Forest Service, 
but not as to such project lands administered by other agencies.
[27 FR 9217, Sept. 18, 1962]



PART 215--NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES--Table of Contents




Sec.
215.1  Purpose and scope.
215.2  Definitions.
215.3  Proposed actions subject to notice and comment.
215.4  Actions not subject to notice and comment.
215.5  Notice and comment on proposed actions.
215.6  Response to comments received on proposed actions.
215.7  Decisions subject to appeal.
215.8  Decisions not subject to appeal.
215.9  Notice of decisions.
215.10  Implementation of decisions.
215.11  Who may participate in appeals.
215.12  Where to file appeals.
215.13  Appeal time periods and process.
215.14  Content of an appeal.
215.15  Dismissal of appeal without review.
215.16  Informal disposition.
215.17  Formal disposition.
215.18  Appeal deciding officer authority.
215.19  Appeal reviewing officer authority.
215.20  Policy in event of judicial proceedings.
215.21  Applicability and effective date.

    Authority: 16 U.S.C. 472, 551; sec. 322, Pub. L. 102-381, 106 Stat. 
1419 (16 U.S.C. 1612 note).

    Source: 58 FR 58910, Nov. 4, 1993, unless otherwise noted.



Sec. 215.1  Purpose and scope.

    (a) Purpose. The rules of this part have two purposes. First, this 
part establishes a process by which persons or organizations may receive 
notice and be provided opportunity to comment on proposed actions 
implementing national forest land and resource management plans prior to 
a final decision by the responsible official. This includes notice of 
and opportunity to comment on nonsignificant amendments of land and 
resource management plans that are made in conjunction with those 
proposed actions. Second, this part provides for prompt administrative 
review of project and activities implementing forest plans and 
establishes who may appeal decisions on planned actions, the kind of 
decisions that may be appealed, the responsibilities of the participants 
in an appeal, and the procedures that apply.
    (b) Scope. The process established in this part constitutes the 
final administrative opportunity for the public to influence National 
Forest System project decisionmaking prior to implementation. The rules 
of this part complement, but do not replace, numerous other 
opportunities to participate in and influence agency decisionmaking 
provided pursuant to the National Environmental Policy Act of 1969, the 
National Forest Management Act, and the implementing regulations and 
procedures in 40 CFR parts 1500-1508 and 36 CFR parts 216 and 219, 
Forest Service Manual Chapters 1920 and 1950, and Forest Service 
Handbooks 1909.12 and 1909.15.



Sec. 215.2  Definitions.

    For the purpose of this part--
    Appeal is the written document filed with an Appeal Deciding Officer 
by one who objects to a decision covered by this part.
    Appeal Deciding Officer is the Forest Service line officer having 
the delegated authority and responsibile to render a decision on an 
appeal filed under this part.
    Appeal Period is the 45 calendar-day period during which an appeal 
may be filed with the Appeal Deciding Officer.
    Appeal Record is the information assembled and/or created during the 
course of an appeal and upon which review of an appeal is conducted. It 
consists of the decision documentation, the appeal, the Responsible 
Official's documentation of the informal disposition meeting, the public 
notice of decision document, and written comments submitted by 
interested parties.
    Appeal Reviewing Officer is an agency official who reviews an appeal 
and makes a written recommendation to the Appeal Deciding Officer on the 
disposition of the appeal.
    Appellant is a person or organization filing an appeal under this 
part.
    Categorical Exclusion refers to a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment

[[Page 34]]

and for which neither an environmental impact statement (EIS) nor an 
environmental assessment (EA) is required (40 CFR 1508.4; Forest Service 
Handbook 1909.15, Chapter 30).
    Comment Period is the 30 calendar day period, following publication 
of the notice for public comment, available to interested persons to 
provide comments to a Responsible Official on a proposed action subject 
to this part.
    Decision Document is the document that records the decisions for 
actions implementing land and resource management plans. (See also, 
Record of Decision, Decision Notice, and Decision Memo.)
    Decision documentation refers to the decision document and all 
relevant environmental and other analysis documentation and records on 
which the Responsible Official based a decision that is at issue under 
an appeal filed pursuant to this part. Decision documentation may 
include, but is not limited to, a project or case file, Record of 
Decision, Decision Notice, Decision Memo, environmental assessment, 
finding of no significant impact, draft and final environmental impact 
statement, land and resource management plan, regional guide, and 
documents incorporated by reference in any of the preceding documents.
    Decision Memo is a concise written record of a Responsible 
Official's decision to implement actions that have been categorically 
excluded from documentation in an environmental impact statement or 
environmental assessment (40 CFR 1508.4, Forest Service Handbook 
1909.15, Chapter 30).
    Decision Notice is a concise written record of a Responsible 
Official's decision based on an environmental assessment and a finding 
of no significant impact. (40 CFR 1508.9, Forest Service Handbook 
1909.15, Chapter 40).
    Environmental Assessment is a concise public document that provides 
sufficient evidence and analysis for determining whether to prepare an 
environmental impact statement or a finding of no significant impact (40 
CFR 1508.9; Forest Service Handbook (FSH), 1909.15, Chapter 40).
    Environmental Impact Statement is a detailed written statement as 
required by section 102(2)(C) of the National Environmental Policy Act 
of 1969 (40 CFR 1508.11; FSH 1909.15, Chapter 20).
    Finding of No Significant Impact (FONSI) is a document prepared by a 
federal agency presenting the reasons why an action, not otherwise 
excluded, will not have a significant effect on the human environment 
and for which an environmental impact statement, therefore, will not be 
prepared. It includes the environmental assessment or a summary of it 
and shall note any other environmental documents related to it (40 CFR 
1508.13; Forest Service Handbook 1909.15, Chapter 40).
    Forest Service line officer is a Forest Service official who serves 
in a direct line of command from the Chief and who has the delegated 
authority to make and execute decisions subject to this part. 
Specifically, for the purposes of this part, a Forest Service employee 
who holds one of the following offices and titles: District Ranger, 
Deputy Forest Supervisor, Forest Supervisor, Deputy Regional Forester, 
Regional Forester, Associate Deputy Chief, Deputy Chief, Associate Chief 
of the Forest Service, or an employee delegated the authority to act in 
one of these capacities.
    Interested Party is a person or organization other than the 
appellant that provides written information to the Appeal Reviewing 
Officer regarding an appeal.
    Proposed action is a proposal made by the Forest Service to 
authorize, recommend, or implement an action on National Forest System 
lands to meet a specific purpose and need which is subject to the notice 
and comment provisions of this part.
    Proposed Timber Harvest Categorically Excluded from Documentation 
under Forest Service Handbook 1909.12, section 31.2, paragraph 4 is 
timber harvest which removes 250,000 board feet or less of merchantable 
wood products, or salvage which removes 1,000,000 board feet or less of 
merchantable wood products; which requires one mile or less of low 
standard road construction (Service level D. FSH 7709.56); and assures 
regeneration of harvested or salvaged areas, where required; which 
normally

[[Page 35]]

are categorically excluded from documentation in an environmental 
assessment or environmental impact statement; and for which a project or 
case file and decision memo are required (Forest Service Handbook 
1909.12, sec. 31.2, para. 4).
    Record of Decision is a document signed by a Responsible Official 
recording a decision that was preceded by preparation of an 
environmental impact statement (40 CFR 1505.2; Forest Service Handbook 
1909.15, Chapter 20).
    Responsibile Official is the Forest Service line officer who has the 
authority and responsibility to make decisions on proposed actions 
subject to notice, comment and appeal under this part.



Sec. 215.3  Proposed actions subject to notice and comment.

    The notice and comment procedures of Sec. 215.5 apply only to the 
following actions:
    (a) Proposed actions implementing national forest land and resource 
management plans (36 CFR 219.11) for which an environmental assessment 
is prepared.
    (b) Proposed timber harvest as described in Paragraph 4, section 
31.2 of Forest Service Handbook 1905.15 for which a project or case file 
and Decision Memo are required.
    (c) Nonsignificant amendments (36 CFR part 219) to land and resource 
management plans that are included as part of a decision on a proposed 
action as specified in paragraph (a) of this section.
    (d) Proposed actions on those National Forests which do not yet have 
approved land and resource management plans prepared pursuant to 36 CFR 
part 219 as follows:
    (1) Proposed actions for which an environmental assessment is 
prepared; or
    (2) Proposed timber harvest as described in Paragraph 4, section 
31.2 of Forest Service Handbook 1905.15 for which a project or case file 
and Decision Memo are required.
    (e) Proposed forestry research activities to be conducted on 
National Forest Systems lands for which an environmental assessment has 
been prepared.



Sec. 215.4  Actions not subject to notice and comment.

    The following proposed actions are not subject to notice and comment 
procedures of Sec. 215.5
    (a) Actions described in a draft environmental impact statement, for 
which notice and comment procedures are governed by 40 CFR parts 1500-
1508;
    (b) Actions categorically excluded from documentation in an 
environmental impact statement or environmental assessment pursuant to 7 
CFR 1b.3 or FSH 1909.15, sections 31.1 and 31.2, except timber harvest 
actions as specified in Sec. 215.3(b) and (d)(2);
    (c) Any action or policy not subject to the provisions of the 
National Environmental Policy Act and the implementing regulations at 40 
CFR parts 1500-1508;
    (d) Rules promulgated in accordance with the Administrative 
Procedure Act (5 U.S.C. 551 et seq.) or policies and procedures issued 
in Forest Service Manuals and Handbooks (36 CFR parts 200, 216);
    (e) A nonsignificant amendment to a land and resource management 
plan which is made separately from a proposed action specified in 
Sec. 215.3(c) and which, therefore, is subject to appeal under part 217 
of this chapter.



Sec. 215.5  Notice and comment on proposed actions.

    (a) Annual notice of newspapers. Annually, each Regional Forester 
shall, through notice published in the Federal Register, advise the 
public of the principal newspapers to be utilized for publishing notices 
required by this section.
    (b) Manner of giving notice. (1) The Responsible Official shall 
publish notice of proposed actions as specified in Sec. 215.3 in a 
newspaper of general circulation identified pursuant to the requirements 
of paragraph (a) of this section.
    (2) The Responsible Official also shall give the public notice of 
the opportunity to comment on proposed actions subject to this part as 
follows:
    (i) For proposed actions requiring an environmental assessment, the 
Responsible Official shall promptly mail the environmental assessment 
along with a letter identifying the proposed action

[[Page 36]]

to any person who has requested it and to persons who are known to have 
participated in the environmental analysis process.
    (ii) For proposed timber harvest actions categorically excluded from 
documentation under Forest Service Handbook 1909.15, section 31.2, 
paragraph 4, the Responsible Official shall promptly mail a letter 
briefly describing the proposed to any person who has requested notice, 
to persons who are on a mailing list to receive notice of this type of 
decision, or to persons who are known to have participated in the 
decisionmaking process.
    (c) Content of the public notice for comment on proposed actions. 
All notices provided or published pursuant to this section shall include 
the following:
    (1) The title and brief description of the proposed action;
    (2) A general description of the proposed action location;
    (3) Instructions on how to obtain additional information on the 
proposed action;
    (4) The name, title, address, and telephone number of the 
Responsible Official to whom comments should be addressed; and
    (5) The date the comment period ends (Sec. 215.6(a)).



Sec. 215.6  Response to comments received on proposed actions.

    (a) Comment period. The Responsible Official shall accept comments 
on an proposed action subject to Sec. 215.3 for 30 days following the 
date of publication of the notice for public comment. Both oral and 
written comments shall be accepted. The 30-day period for comment begins 
on the first day after publication of notice. Saturdays, Sundays, and 
Federal holidays are included in computing all time periods in this 
section; however, when the comment period ends on a Saturday, Sunday, or 
Federal holiday, the comment period shall be extended to the close of 
business of the next Federal working day.
    (b) Submission. Persons expressing an interest or submitting 
comments to the Responsible Official in response to a notice published 
or provided pursuant to Sec. 215.5 shall provide the following 
information, which will become a matter of public record:
    (1) Name, address, and (if possible) telephone number;
    (2) Title of the document(s) on which comment is being submitted; 
and
    (3) Specific facts or comments along with supporting reasons that 
the person believes the Responsible Official should consider in reaching 
a decision.
    (c) Timeliness. It is the responsibility of persons providing 
comments to submit them by the close of the comment period.
    (1) When comments are received, the Responsible Official shall 
clearly identify the date of receipt.
    (2) The Responsible Official must consider all written comments 
postmarked or facsimile imprinted by the close of business on the 30th 
day following publication of the notice (Sec. 215.5) and all oral 
comments received by the close of business on the 30th day following 
publication of the notice.
    (d) The Responsible Official shall address comments received from 
the public during the comment period in an appendix to the environmental 
assessment. For proposed timber harvest actions to be categorically 
excluded from documentation under Forest Service Handbook 1909.15, 
section 31.2, paragraph 4, public comments and responses to them shall 
be placed in the project file.
    (e) Notes of oral comments received in response to a notice for 
public comment pursuant to Sec. 215.5 shall be placed in the files and 
addressed pursuant to paragraph (d) of this section.



Sec. 215.7  Decisions subject to appeal.

    Only the following decisions are subject to appeal under this part:
    (a) Project and activity decisions documented in a Record of 
Decision or Decision Notice, including those which, as a part of the 
project approval decision, contain a nonsignificant amendment to a 
National Forest Land and Resource Management Plan (36 CFR 219.10).
    (b) Timber harvest project and activity decisions as described in 
paragraph 4, Section 31.2 of Forest Service Handbook 1909.15 which are 
documented in a decision memo.

[[Page 37]]



Sec. 215.8  Decisions not subject to appeal.

    (a) The following decisions are not subject to appeal under this 
part:
    (1) Project or activity decisions included in a Record of Decision 
for significant amendment, revision, or approval of a land and resource 
management plan, appeal of which is governed by 36 CFR part 217;
    (2) Preliminary findings made during planning and/or analysis 
processes. Such findings are appealable only upon issuance of a decision 
document;
    (3) Actions for which notice and opportunity to comment have been 
published and on which no expression of interest has been received 
during the comment period (Sec. 215.6), and on which the Responsible 
Official's decision does not modify the proposed action; and
    (4) Decisions for actions that have been categorically excluded from 
documentation in an environmental assessment or environmental impact 
statement in FSH 1909.15, Section 31.1 and 31.2, except as noted in 
Sec. 215.7(b).
    (b) In addition to decisions excluded from appeal by paragraph (a) 
of this section, the Appeal Deciding Officer shall dismiss any appeal 
filed on subsequent implementing actions that result from the initial 
project decision subject to appeal under Sec. 215.7. For example, an 
initial decision to offer a timber sale is appealable under this part; 
subsequent implementing actions to advertise or award that sales are not 
appealable under this part.
    (c) Decisions solely affecting the business relationship between the 
Forest Service and holders of written instruments regarding occupancy 
and use of National Forest System lands can be appealed by permit 
holders under either 36 CFR part 251, subpart C, or this part, but 
cannot be appealed under both regulations.



Sec. 215.9  Notice of decisions.

    (a) Publication of public notice. The Responsible Official shall 
publish a notice of any decision which is subject to notice and comment 
under Sec. 215.3 in a newspaper of general circulation identified 
pursuant to the requirements of Sec. 215.5(a).
    (b) Publication of notice of a decision. A notice of a decision 
published pursuant to this section shall:
    (1) Include the decision title and a concise description of the 
action(s) to be taken, the name and title of the Responsible Official, 
and instructions for obtaining a copy of the decision document;
    (2) Except for decisions on which no expression of interest was 
received during the comment period Sec. 215.8(4), state that the 
decision is subject to appeal pursuant this part and include the 
following:
    (i) State the name and address of the Appeal Deciding Officer with 
whom an appeal should be filed;
    (ii) Specify that an appeal must be postmarked and submitted to the 
Appeal Deciding Officer within 45 days of the date of publication in 
accordance with Sec. 215.13;
    (3) For those decisions on which no comment was received, state that 
the decision is not subject to appeal pursuant to Sec. 215.8(a)(4).
    (c) Mailing decision documents. The Responsible Official shall 
promptly mail the decision document to those who request the specific 
document and to those who submitted comments on the proposed action 
either before or during the comment period provided pursuant to 
Sec. 215.6.



Sec. 215.10  Implementation of decisions.

    (a) If no appeal is filed, implementation of decisions subject to 
appeal pursuant to this part may occur on, but not before, 5 business 
days from the close of the appeal filing period.
    (b) If an appeal is filed, implementation may not occur for 15 days 
following the date of appeal disposition. In the event of multiple 
appeals of the same decision, the date of the disposition of the last 
appeal controls the implementation date.
    (c) If a project is not appealable because, pursuant to 
Sec. 215.8(a)(4), no expression of interest has been received and there 
is no change from the proposed action, implementation may occur 
immediately upon publication of the notice of the decision as provided 
in Sec. 215.9.
    (d) A project decision is not subject to a stay if the Chief of the 
Forest Service determines that an emergency

[[Page 38]]

situation exists with respect to the decision in accordance with the 
following provisions of this paragraph:
    (1) An emergency, as defined here, is an unexpected event, or a 
serious occurrence or a situation requiring urgent action. Examples of 
an emergency include, but are not limited to, the following:
    (i) Vegetation loss which presents an immediate threat of flooding 
or landslide.
    (ii) Hazardous or unsafe situations as a result of wildfire or other 
circumstances.
    (iii) Damage to water quality caused by siltation due to fire or 
flooding.
    (iv) Potential loss of fish and wildlife habitat due to windstorms 
and blowdowns.
    (v) Sudden outbreaks of forest pests and diseases.
    (2) The Responsible Official shall notify the public that the Forest 
Service intends to handle this project as an emergency in the public 
notice on proposed actions as provided in Sec. 215.5(c)(1). Actions 
responding to emergency situations may be accomplished with force 
account (Forest Service crews), service contracts or timber sale 
contracts.



Sec. 215.11  Who may participate in appeals.

    (a) Except as provided for in paragraph (c) of this section, an 
appeal pursuant to this part may be filed by any person who, or any non-
Federal organization or entity that has met either of the following 
criteria:
    (1) Submitted written comment in response to a project draft 
Environmental Impact Statement; or
    (2) Provided comment or otherwise expressed interest in a particular 
proposed action by the close of the comment period specified in 
Sec. 215.6.
    (b) Persons interested in or potentially affected by an appeal may 
participate as an interested party, as provided in Sec. 215.13(e).
    (c) Federal agencies may not participate as appellants or interested 
parties.
    (d) Federal employees filing appeals under this part shall comply 
with Federal conflict of interest statutes at 18 U.S.C. 202-209 and with 
employee ethics requirements at 5 CFR part 2635. Specifically, employees 
shall not be on official duty or use government property or equipment in 
the preparation or transmittal of an appeal. Employees also shall not 
use official information not yet released to the public.
[58 FR 58910, Nov. 4, 1993, as amended at 63 FR 4188, Jan. 28, 1998]



Sec. 215.12  Where to file appeals.

    The Appeal Deciding Officer with whom appeals must be filed are as 
follows:

------------------------------------------------------------------------
 If the responsible official who made the     Then the appeal deciding
               decision is:                          officer is:
------------------------------------------------------------------------
Regional Forester.........................  Chief of the Forest Service.
Forest Supervisor or......................  Regional Forester.
District Ranger...........................  Do.
------------------------------------------------------------------------



Sec. 215.13  Appeal time periods and process.

    (a) Filing procedures. To appeal a decision under this part, a 
person must submit a written appeal to the Appeal Deciding Officer 
within the 45 day appeal filing period specified in the public notice 
published pursuant to Sec. 215.9.
    (b) Computation of time periods. (1) The day after the publication 
of the public notice published pursuant to Sec. 215.9 is the first day 
of the appeal filing period.
    (2) All time periods in this section are to be computed using 
calendar days. Saturdays, Sundays, and Federal holidays are included in 
computing the time period for filing an appeal. However, when the filing 
period would expire on a Saturday, Sunday, or Federal holiday, the 
filing time is extended to the end of the next Federal working day.
    (c) Evidence of timely filing. The appellant is responsible for 
submitting an appeal on or before the last day of the appeal filing 
period. Where there is a question about timelines of an appeal, the U.S. 
Postal Service postmark on a mailed appeal or the time and date imprint 
on a facsimile appeal will be used to determine timeliness.
    (d) Time extensions. Time extensions are not permitted.
    (e) Interested party comments. Interested parties must submit 
written comments to the Appeal Reviewing Officer within 15 days after 
close of the appeal

[[Page 39]]

filing period and are encouraged to provide a copy to the appellants at 
the same time. An interested party can obtain the address of the Appeal 
Reviewing Officer and appellants by contacting the Appeal Deciding 
Officer.
    (f) Time period for formal disposition. Unless an appeal is resolved 
through the informal disposition process provided for in Sec. 215.16, 
the following timeframe and process shall apply:
    (1) Transmittal of decision documentation. Within 15 days of the 
close of the appeal filing period, the Responsible Official shall 
transmit the appeal record to the Appeal Reviewing Officer.
    (2) Review recommendation. Within 30 days of the close of the appeal 
filing period, the Appeal Reviewing Officer shall review the appeal 
record and forward it to the Appeal Deciding Officer with a written 
recommendation on the disposition of the appeal(s). The Appeal Reviewing 
Officer's recommendation shall be released upon issuance of an appeal 
decision.
    (3) Appeal decision. Within 45 days following the end of the appeal 
filing period, the Appeal Deciding Officer shall issue a written 
decision or otherwise give notice to appellant(s) concerning the 
disposition of the appeal. The decision or notice shall briefly explain 
why the Responsible Official's original decision was affirmed or 
reversed, in whole or in part.



Sec. 215.14  Content of an appeal.

    (a) It is the appellant's responsibility to provide sufficient 
written evidence and rationale to show why the Responsible Official's 
decision should be remanded or reversed.
    (b) An appeal submitted to the Appeal Deciding Officer becomes a 
part of the appeal record. An appeal must meet the following 
requirements:
    (1) State that the document is an appeal filed pursuant to 36 CFR 
part 215;
    (2) List the name and address of the appellant and, if possible, a 
telephone number;
    (3) Identify the decision document by title and subject, date of the 
decision, and name and title of the Responsible Official;
    (4) Identify the specific change(s) in the decision that the 
appellant seeks or portion of the decision to which the appellant 
objects;
    (5) State how the Responsible Official's decision fails to consider 
comments previously provided, either before or during the comment period 
specified in Sec. 215.6 and, if applicable, how the appellant believes 
the decision violates law, regulation, or policy.



Sec. 215.15  Dismissal of appeal without review.

    (a) An Appeal Deciding Officer shall dismiss an appeal without 
review when:
    (1) The appeal is not postmarked or the facsimile is not date 
imprinted within the 45-day appeal filing period in accordance with 
Sec. 215.13;
    (2) The requested relief or change cannot be granted under law, 
fact, or regulation;
    (3) The decision at issue is being appealed by the appellant under 
another administrative proceeding;
    (4) The decision is excluded from appeal pursuant to Sec. 215.8;
    (5) The appellant did not express an interest in the specific 
proposal at any time prior to the close of the comment period specified 
in Sec. 215.6;
    (6) The Responsible Official has withdrawn the decision being 
appealed; or
    (7) The appellant has filed for Federal judicial review of the 
decision and the Chief has waived the argument in Sec. 215.20.
    (b) The Appeal Deciding Officer shall give written notice to the 
appellant, interested parties, and Responsible Official that an appeal 
is dismissed and state the reasons for dismissal.



Sec. 215.16  Informal disposition.

    (a) Offer to meet. When a decision is appealed under this part, the 
Responsible Official must contact the appellant(s) and offer to meet and 
discuss resolution of the issues raised in the appeal. This contact 
shall be made as soon as practicable after an appeal has been filed.
    (b) Time and location of meeting. If one or more appellants agree to 
meet, the meeting(s) must take place not later than 15 days after the 
closing date for filing an appeal. The location of the meeting shall be 
in the vicinity of the lands affected by the decision. When the District 
Ranger is the Responsible

[[Page 40]]

Official, meetings will generally be located on or near that Ranger 
District. When the Forest Supervisor or Regional Forester is the 
Responsible Official, meetings will generally take place at a location 
within or near the National Forest.
    (c) Type of meeting. Generally, participants shall be physically 
present at informal disposition meetings. Where an appellant cannot 
attend a meeting in person because of schedule conflicts or travel 
distances, alternative types of meetings (such as telephone conferences 
or video conferences) may be arranged. This alternative type meeting 
also must take place not later than 15 days after the closing date for 
filing an appeal. The informal disposition meeting must be open to 
interested parties and the public.
    (d) Agreement on disposition. The Responsible Official must notify 
the Appeal Deciding Officer of the names of meeting participants and the 
outcome of the informal disposition meeting.
    (1) If the appellant(s) and Responsible Official reach agreement on 
disposition of the appeal, the Responsible Official shall so notify the 
Appeal Deciding Officer and the appellant shall withdraw the appeal by 
letter to the Appeal Deciding Officer no later than 15 days after the 
meeting. Upon notice from the appellant that the appeal has been 
withdrawn, the Appeal Deciding Officer shall notify the interested 
parties, Appeal Reviewing Officer, and Responsible Official of the 
conclusion of the appeal.
    (2) If, as a result of the agreement reached at the informal 
disposition meeting, new information is received or changes to the 
original project decision or environmental analysis are proposed, the 
Responsible Official must follow the procedures in the Environmental 
Policy and Procedures Handbook, FSH 1909.15, section 18.
    (e) Failure to reach agreement. If the appeal is not resolved 
through the informal disposition meeting, the Responsible Official shall 
so notify the Appeal Deciding Officer in writing. The Appeal Deciding 
Officer shall then advise the Appeal Reviewing Officer to proceed with 
formal review of the appeal.



Sec. 215.17  Formal disposition.

    (a) Formal disposition period. The Appeal Deciding Officer shall 
issue an appeal decision not later than 45 days after the end of the 
appeal filing period.
    (b) Appeal decision. The Appeal Deciding Officer shall complete a 
review based on the appeal record as defined in Sec. 215.2 and the 
Reviewing Officer's recommendation. The Appeal Deciding Officer shall 
issue a written appeal decision either affirming or reversing the 
Responsible Official's decision, in whole or in part, and may include 
instructions for further action. The Appeal Deciding Officer shall send 
a copy of the appeal decision to the appellant, interested parties, the 
Appeal Reviewing Officer, and the Responsible Official. If a formal 
decision is not issued, the Appeal Deciding Officer shall notify the 
appellant(s) of the disposition of their appeal.



Sec. 215.18  Appeal deciding officer authority.

    (a) Consolidation of appeal decisions. In cases involving multiple 
appeals of a decision subject to this part, the Appeal Deciding Officer 
shall determine whether to issue one appeal decision or separate appeal 
decisions.
    (b) Procedural decisions. The Appeal Deciding Officer shall make all 
procedural determinations in this part. Such determinations are not 
subject to further administrative review.
    (c) Appeal decisions. The Appeal Deciding Officer's decision 
constitutes the final administrative determination of the Department of 
Agriculture.



Sec. 215.19  Appeal reviewing officer authority.

    (a) Identification of Appeal Reviewing Officer. An agency official 
at the Regional Office level designated by the Chief is the Appeal 
Reviewing Officer for appeals of District Ranger and Forest Supervisor 
decisions. An agency official at the Washington Office level designated 
by the Chief is the Appeal Reviewing Officer for appeals of Regional 
Forester Decisions. The Appeal Reviewing Officer shall be an officer at 
least at the level of the agency official who made the initial decision 
on the project or activity that is under appeal

[[Page 41]]

and has not participated in the initial decision and will not be 
responsible for implementing the initial decision after the appeal is 
decided.
    (b) Scope of review. The Appeal Reviewing Officer's review of 
decisions under this part focuses on decision documentation developed by 
the Responsible Official in reaching the decision, issues raised in the 
appeal, and comments submitted by interested parties.
    (c) Consolidation of recommendations. In cases involving multiple 
appeals of a decision subject to this part, the Appeal Reviewing Officer 
shall determine whether to issue one recommendation or separate 
recommendations.



Sec. 215.20  Policy in event of judicial proceedings.

    Unless waived in a specific case, it is the position of the 
Department of Agriculture that any filing for Federal judicial review of 
a decision subject to review under this part is premature and 
inappropriate unless the plaintiff has first sought to invoke and 
exhaust the procedures available under this part.



Sec. 215.21  Applicability and effective date.

    (a) The requirements of Sec. 215.5 of this part to provide notice 
and opportunity to comment on proposed actions described in Sec. 215.3 
is effective January 3, 1994.
    (b) Decisions for which notice has been given pursuant to 36 CFR 
217.5 prior to January 3, 1994, remain subject to the appeal procedures 
of 36 CFR part 217.



PART 216--INVOLVING THE PUBLIC IN THE FORMULATION OF FOREST SERVICE DIRECTIVES--Table of Contents




Sec.
216.1  Purpose.
216.2  Definitions.
216.3  Applicability; relationship to other public participation 
          opportunities.
216.4  Determining the need for formal public review on proposed Manual 
          directives.
216.5  Documentation.
216.6  Notice and comment procedures for proposed Manual directives 
          identified for formal public review.
216.7  Exemption of proposed Manual directives from normal procedures.
216.8  Availability of proposed Manual directives identified for formal 
          public review.

    Authority: Sec. 14, Forest and Rangeland Renewable Resources 
Planning Act of 1974, 88 Stat. 476 as amended, 90 Stat. 2949, 2958 (16 
U.S.C. 1612).

    Source: 49 FR 16993, Apr. 23, 1984, unless otherwise noted.



Sec. 216.1  Purpose.

    This part establishes procedures to ensure that Federal, State, and 
local governments and the public have adequate notice and opportunity to 
comment upon the formulation of standards, criteria, and guidelines 
applicable to Forest Service programs.



Sec. 216.2  Definitions.

    (a) The Forest Service Manual consists of numerous volumes organized 
by numerically coded subject matter. The volumes contain legal 
authorities, responsibilities, delegations, and general instruction and 
direction needed on a continuous basis by Forest Service officers at 
more than one unit to plan and execute programs. The parent text is 
issued by the national headquarters and sets forth the policies, and 
other guidance applicable Service-wide. National directives are 
supplemented, as necesary, by Forest Service field offices. Supplements 
to the Forest Service Manual are applicable only within the Forest 
Service organizational jurisdiction for which they are issued. The 
Forest Service Manual is revised to conform to changing law, orders, 
regulations, or management needs.
    (b) Public participation activities are actions initiated by the 
Forest Service to facilitate an exchange of information with the public. 
These actions include, but are not limited to, oral and written measures 
such as public notices, letters, discussion papers, and gatherings such 
as meetings, workshops, and hearings.
    (c) Standards, criteria, and guidelines means those written 
policies, instructions, and orders, originated by the Forest Service and 
issued in the Forest Service Manual which establish the general 
framework for the management and conduct of Forest Service programs.

[[Page 42]]



Sec. 216.3  Applicability; relationship to other public participation opportunities.

    (a) The requirements described 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;
    (2) Instructions, procedures, and other material issued in Forest 
Service Handbooks; and
    (3) Proposed Manual directives which provide guidance and procedures 
on administrative support activities such as personnel matters, 
procurement, service contracting, and other routine business operations 
of the agency.
    (b) This part does not supersede or replace the requirements of the 
National Environmental Policy Act as set forth in 40 CFR part 1500 and 
chapter 1950 of the Forest Service Manual. The requirements described in 
this part do not apply where equivalent public notice and opportunity 
for comment on the contents of a proposed Manual directive are provided 
during compliance with NEPA procedures.
    (c) The direction for management of many Forest Service programs is 
developed with public participation during land and resource management 
planning part 219, and other activities. The relevant results of such 
public participation shall be used in formulation of Forest Service 
Manual directives to avoid duplicating public participation efforts.
    (d) In addition to the opportunity for formal public review and 
comment offered in this part, the public may informally review and 
comment on Manual material at other times.
    (e) These regulations do not prevent informal consultation with 
selected Federal, State, and local governments and the public when such 
consultation is deemed appropriate in formulating Manual material.



Sec. 216.4  Determining the need for formal public review of proposed Manual directives.

    (a) Agency officials responsible for formulating Manual directives 
containing applicable standards, criteria, and guidelines shall 
determine whether substantial public interest or controversy concerning 
a proposed Manual directive can be expected.
    (b) The following shall be considered in making this determination:
    (1) Direct written or oral communication with those known to be 
interested in the proposal;
    (2) The degree to which the proposal is likely to adversely or 
beneficially affect the general public as well as those known to be 
interested in the proposal;
    (3) The amount of change the proposal represents from current 
direction;
    (4) The extent of recent news media coverage on subjects related to 
the proposal; and
    (5) The amount of interest or controversy expressed on previous 
proposals on the same or similar subjects.



Sec. 216.5  Documentation.

    The responsible Forest Service official shall document the results 
of the determination made 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 other applicable law or 
policy. The summary shall be prepared and filed at the same location as 
the Forest Service official responsible for developing the Manual 
directive.



Sec. 216.6  Notice and comment procedures for proposed Manual directives identified for formal public review.

    (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 the public and giving 
opportunity to comment on the proposal apply:
    (1) National Forest and Ranger District Proposals. The responsible 
official shall determine appropriate means of notifying the public. This 
may include, but is not limited to, legal notice in a newspaper of 
general circulation or press release. The public shall have a minimum of 
30 calendar days to review and comment on the proposal.
    (2) Regional, Station, and Area Proposals. The responsible official 
shall determine appropriate means of notifying the public. This may 
include, but is not

[[Page 43]]

limited to, notice and summary of the proposal in the Federal Register, 
legal notice in one or more newspapers of general circulation, or press 
release. The public shall have a minimum of 30 calendar days to review 
and comment on the proposal.
    (3) National Proposals. The responsible official shall publish a 
notice and summary of the proposal in the Federal Register, followed by 
a minimum of 60 calendar days for public review and comment.
    (b) Agency officials will give direct notice to Federal, State, and 
local governments and to the public known to be interested in the 
proposal. Along with the notice, the responsible official shall also 
provide either a complete proposal or a summary of the proposal for 
review.
    (c) The responsible Forest Service official may conduct additional 
public participation activities related to the proposed Manual directive 
as are deemed appropriate and necessary.
    (d) Comments received from the public shall be analyzed and 
considered in the formulation and preparation of the final Manual 
directive.
    (e) The final Manual directive or a summary shall be sent to those 
who offered comments on the proposed directive and further publicized as 
deemed appropriate by the responsible official.



Sec. 216.7  Exemption of proposed Manual directives from normal procedures.

    When it is found for good cause that 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 
opportunity for public comment. However, as soon as practicable after 
issuance, the interim Manual directive will be made available for public 
review and comment as described in Sec. 216.6. In making the Manual 
directive available, the responsible official shall state why the 
interim directive was issued prior to obtaining public comments.



Sec. 216.8  Availability of proposed Manual directives identified for formal public review.

    As a minimum, review 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 District Rangers' 
Offices when National Forest proposals are involved; in the Regional 
Office and Forest Supervisors' Offices when regional proposals are 
involved; and in Regional Offices and National Headquarters when 
national proposals are involved. When Manual directives involve Forest 
Service Research or State and Private Forestry programs, review copies 
shall be available at comparable administrative offices.



PART 217--APPEAL OF REGIONAL GUIDES AND NATIONAL FOREST LAND AND RESOURCE MANAGEMENT PLANS--Table of Contents




Sec.
217.1  Purpose and scope.
217.2  Definitions.
217.3  Decisions subject to appeal.
217.4  Decisions not subject to appeal.
217.5  Giving notice of decisions subject to appeal.
217.6  Participants.
217.7  Levels of appeal.
217.8  Appeal process sequence.
217.9  Content of a notice of appeal.
217.10  Implementation and stays of decisions.
217.11  Dismissal without review.
217.12  Resolution of issues.
217.13  Reviewing officer authority.
217.14  Intervention.
217.15  Appeal record.
217.16  Decision.
217.17  Discretionary review.
217.18  Policy in event of judicial proceedings.
217.19  Applicability and effective date.

    Authority: 16 U.S.C. 551, 472.

    Source: 54 FR 3357, Jan. 23, 1989, unless otherwise noted.



Sec. 217.1  Purpose and scope.

    (a) This part provides a process by which a person or organization 
interested in the management of the National Forest System may 
administratively appeal decisions to approve, amend, or revise a 
National Forest land and resource management plan or approve or amend a 
regional guide prepared pursuant to 36 CFR part 219. This part 
establishes who may appeal such decisions, the kind of decisions that 
may be appealed, the responsibilities of

[[Page 44]]

the participants in an appeal, and the procedures that apply. This part 
provides a review of such decisions by an official at the next 
administrative level.
    (b) This part complements, but does not replace, numerous 
opportunities to participate in and influence agency decisionmaking 
provided pursuant to the National Environmental Policy Act of 1969 
(NEPA) and the associated implementing regulations and procedures in 40 
CFR parts 1500-1508, 36 CFR parts 215, 216, and 219, Forest Service 
Manual Chapters 1920 and 1950, and Forest Service Handbooks 1909.12 and 
1909.15.
[58 FR 58915, Nov. 4, 1993]



Sec. 217.2  Definitions.

    For the purposes of this part--
    Appellant is the term used to refer to a person or organization (or 
an authorized agent or representative acting on their behalf) filing a 
notice of appeal under this part.
    Deciding Officer means the Forest Service line officer who has the 
delegated authority and responsibility to make the decision being 
questioned under these rules.
    Decision document means a written document that a Deciding Officer 
signs to execute a decision subject to review under this part. 
Specifically a Record of Decision or a Decision Notice.
    Decision documentation refers to the decision document and all 
relevant environmental and other analysis documentation on which the 
Deciding Officer based a decision that is at issue under the rules of 
this part. Decision documentation includes, but is not limited to, 
environmental assessments, findings of no significant impact, 
environmental impact statements, land and resource management plans, 
regional guides, documents incorporated by reference in any of the 
preceding documents, and drafts of these documents released for public 
review and comment.
    Decision Notice means the written document signed by a Deciding 
Officer when the decision was preceded by preparation of an 
environmental assessment (40 CFR 1508.9).
    Decision review or review is the term used to refer to the process 
provided in this part by which a higher level officer reviews a decision 
of a subordinate officer in response to a notice of appeal.
    Forest Service line officer. The Chief of the Forest Service or a 
Forest Service official who serves in a direct line of command from the 
Chief and who has the delegated authority to make and execute decisions 
under this subpart. Specifically, for the purposes of this subpart, a 
Forest Service employee who hold one of the following offices and 
titles: Forest Supervisor, Deputy Forest Supervisor, Regional Forester, 
Deputy Regional Forester Deputy Chief, Associate Deputy Chief, Associate 
Chief, or the Chief of the Forest Service.
    Intervenor is an individual who, or organization that, is interested 
in or potentially affected by a decision under appeal pursuant to this 
part, who has made a timely request to intervene in that appeal.
    Legal notice. A notice of a decision appealable under this part 
published in the Federal Register or in the legal notices section of a 
newspaper of general circulation as required by Sec. 217.5 of this part.
    Notice of appeal is the written document filed with a Reviewing 
Officer by one who objects to a decision covered by this part and who 
requests review by the next higher line officer.
    Participants include appellants, intervenors, the Deciding Officer, 
and the Reviewing Officer.
    Record of Decision is the document signed by a Deciding Officer 
recording a decision that was preceded by preparation of an 
environmental impact statement (40 CFR 1505.2).
    Reviewing Officer is the line officer one administrative level 
higher than the Deciding Officer or, in the case of a discretionary 
review, one level higher than the line officer who issued a first-level 
appeal decision.
[54 FR 3357, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989, as amended at 55 
FR 7895, Mar. 6, 1990; 58 FR 58915, Nov. 4, 1993]



Sec. 217.3  Decisions subject to appeal.

    (a) The following decisions are subject to appeal under this part:
    (1) Decisions to approve, amend, or revise a National Forest Land 
and Resource Management Plan including project or activity decisions for 
which

[[Page 45]]

environmental effects have been analyzed and disclosed within a final 
EIS and documented in a Record of Decision including approval, 
significant amendments, or revisions of a land and resource management 
plan.
    (2) Decisions to approve or amend a regional guide prepared pursuant 
to 36 CFR part 219 and documented in a Decision Notice or Record of 
Decision are subject to appeal under this part, except as provided in 
Sec. 217.4.
    (b) Decisions as defined in paragraph (a) of this section and 
documented in a Decision Notice or a Record of Decision that are made by 
a subordinate Forest Service staff officer acting within delegated 
authority are considered to be decisions of the Forest Service line 
officer.
[58 FR 58915, Nov. 4, 1993]



Sec. 217.4  Decisions not subject to appeal.

    The following decisions are not subject to appeal under this part.
    (a) Decisions on projects or activities implementing National Forest 
Land and Resource Management Plans including project decisions that 
include a non-significant amendment to a National Forest Land and 
Resource Management Plan.
    (b) Preliminary planning decisions or preliminary decisions as to 
National Environmental Policy Act or National Forest Management Act 
processes made prior to release of final plans, guides, and 
environmental documents.
    (c) Recommendations of Forest Service line officers to higher 
ranking Forest Service or Departmental officers or to other entities 
having final authority to implement the recommendations in question, 
such as wilderness and wild and scenic river recommendations.
[58 FR 58915, Nov. 4, 1993]



Sec. 217.5  Giving notice of decisions subject to appeal.

    (a) For decisions subject to appeal under this part, Deciding 
Officers shall promptly mail the appropriate decision document 
(Sec. 217.3(a)(1)) to those who, in writing, have requested it, and to 
those who are known to have participated in the decisionmaking process.
    (b) The Deciding Officer shall also give notice of decisions 
appealable under this part as follows:
    (1) For all initial decisions of the Chief, notice shall be 
published in the Federal Register.
    (2) For all other decisions, legal notice of the decision shall be 
published in a newspaper of general circulation identified pursuant to 
the requirements of paragraph (d) of this section. Deciding Officers 
may, at their discretion, also publish notice of their decisions in 
additional newspapers. Where a Deciding Officer elects to publish such 
additional notices, they shall be published after an initial legal 
notice has been published in the principal newspaper identified in the 
biannual Federal Register notice provided for in paragraph (d) of this 
section. Any such additional newspaper notices shall indicate the date 
that the appeal period ends, which shall be calculated based on the date 
of publication of the initial notice in the principal newspaper 
identified in the biannual Federal Register notice.
    (c) All notices published pursuant to this section shall include a 
concise description of the decision made by title or subject matter, the 
date of the decision, the name and title of the official making the 
decision, and information on how to obtain a copy of the decision, and 
shall specify that the appeal period begins the day following the 
notice's publication as provided for in Sec. 217.8(b)(1).
    (d) At least twice annually, in April and in October, each 
responsible Forest Service officer shall, through Federal Register 
notice, advise the public of the principal newspaper to be utilized for 
publishing legal notices required by this section. The Federal Register 
notice shall also list all additional newspapers which the Deciding 
Officer expects to use for purposes of providing additional notice 
pursuant to paragraph (b) of this section.
[54 FR 3357, Jan. 23, 1989, as amended at 55 FR 7895, Mar. 6, 1990; 56 
FR 4918, Feb. 6, 1991]



Sec. 217.6  Participants.

    (a) Other than Forest Service employees, any person or any non-
Federal organization or entity may challenge a

[[Page 46]]

decision covered by this part and request a review by the Forest Service 
line officer at the next administrative level.
    (b) An intervenor as defined in Sec. 217.2 of the subpart.



Sec. 217.7  Levels of appeal.

    (a) Decisions made by the Chief. If the Chief of the Forest Service 
is the Deciding Officer, the notice of appeal is filed with the 
Secretary of Agriculture. Review by the Secretary is wholly 
discretionary. Within 15 days of receipt of a notice of appeal, the 
Secretary shall determine whether or not to review the decision in 
question. If the Secretary has not decided to review the Chief's 
decision by the expiration of the 15-day period, the requester(s) shall 
be notified by the Secretary's office that the Chief's decision is the 
final administrative decision of the Department of Agriculture. When the 
Secretary elects to review an initial decision made by the Chief, the 
Secretary shall conduct the review in accordance with the first level 
appeal procedures outlined in this rule.
    (b) Decisions made by Forest Supervisors and Regional Foresters. The 
levels of available review are as follows:
    (1) If the decision is made by a Forest Supervisor, the notice of 
appeal is filed with the Regional Forester;
    (2) If the decision is made by a Regional Forester, the notice of 
appeal is filed with the Chief of the Forest Service.
    (c) Discretionary review of dismissal decisions. Dismissal decisions 
rendered by Forest Service line officers pursuant to this part 
(Sec. 217.11) are subject to discretionary review as follows:
    (1) If the initial Reviewing Officer was the Regional Forester, the 
Chief has discretion to review.
    (2) If the Reviewing Officer was the Chief, the Secretary of 
Agriculture has discretion to review.
    (d) Discretionary review of appeal decisions. Appeal decisions 
rendered by Regional Foresters and the Chief pursuant to this part are 
subject to discretionary review as follows:
    (1) If the Reviewing Officer was the Regional Forester, the Chief 
has discretion to review.
    (2) If the Reviewing Officer was the Chief, the Secretary of 
Agriculture has discretion to review.
[54 FR 3357, Jan. 23, 1989, as amended at 54 FR 34509, Aug. 21, 1989; 58 
FR 58915, Nov. 4, 1993]



Sec. 217.8  Appeal process sequence.

    (a) Filing procedures. To appeal a decision under this part, a 
person or organization must:
    (1) File a written notice of appeal, in duplicate, with the next 
higher line officer in accordance with the provisions of Sec. 217.9 of 
this part.
    (2) File the notice of appeal within 45 days of the date specified 
in the published legal notice for non-significant amendments to land and 
resource management plans documented in a Decision Notice or Record of 
Decision.
    (3) File the notice of appeal within 90 days of the date specified 
in the published legal notice for land and resource management plan 
approvals, significant amendments, or revisions, and for other 
programmatic decisions documented in a Record of Decision.
    (b) Computation of time periods. (1) The day after the published 
notices required in Sec. 217.5(b) is the first day of the appeal period 
provided for in paragraphs (a)(2) and (a)(3) of this section. All other 
time periods applicable to this part are tied to the filing of a notice 
of appeal and begin on the first day following that filing.
    (2) All time periods in this rule are to be computed using calendar 
days. Saturdays, Sundays, and Federal holidays are included in computing 
the time period for filing a notice of appeal; however, when the filing 
period would expire on a Saturday, Sunday, or Federal holiday, the 
filing time is extended to the end of the next Federal working day.
    (c) Evidence of timely filing. It is the responsibility of the 
appellant to file the notice on or before the last day of the filing 
period. In the event of question, a legible postmark will be considered 
evidence of timely filing. Where postmarks are illegible, the Reviewing 
Officer shall rule on the timely filing of the appeal. Notices of appeal 
that are filed before the filing period specified in the published legal 
notice shall be accepted, but premature filing does

[[Page 47]]

not affect timeframes specified in this rule.
    (d) Time extensions. (1) The 45-day/90-day filing periods for a 
notice of appeal are not extendable.
    (2) Time extensions are not permitted except as provided in 
Secs. 217.12, 217.13, and 217.17 of this subpart.
    (e) Upon receipt of a timely Notice of Appeal, the Reviewing Officer 
shall immediately forward a copy of it to the Deciding Officer.
    (f) Appeal decision. Unless time has been extended as provided for 
in Secs. 217.12 and 217.13, the Reviewing Officer shall not exceed the 
following time periods for rendering an appeal decision:
    (1) An appeal of a land and resource management plan approval, 
significant amendment, or revision, or on a programmatic decision 
documented in a Record of Decision, not more than 160 days from the date 
the notice of appeal was filed.
    (2) In the event of multiple appeals of the same decision, the 
appeal decision date shall be calculated from the filing date of the 
last notice of appeal.
[54 FR 3357, Jan. 23, 1989, as amended at 55 FR 7895, Mar. 6, 1990; 56 
FR 4918, Feb. 6, 1991; 58 FR 58916, Nov. 4, 1993]



Sec. 217.9  Content of a notice of appeal.

    (a) It is the responsibility of those who appeal a decision under 
this part to provide a Reviewing Officer sufficient narrative evidence 
and argument to show why the decision by the lower level officer should 
be changed or reversed.
    (b) At a minimum, a written notice of appeal filed with the 
Reviewing Officer must:
    (1) State that the document is a Notice of Appeal filed pursuant to 
36 CFR part 217;
    (2) List the name, address, and telephone number of the appellant;
    (3) Identify the decision about which the requester objects;
    (4) Identify the document in which the decision is contained by 
title and subject, date of the decision, and name and title of the 
Deciding Officer.
    (5) Identify specifically that portion of the decision or decision 
document to which the requester objects;
    (6) State the reasons for objecting, including issues of fact, law, 
regulation, or policy, and, if applicable, specifically how the decision 
violates law, regulation, or policy; and
    (7) Identify the specific change(s) in the decision that the 
appellant seeks.
[54 FR 3357, Jan. 23, 1989, as amended at 55 FR 7895, Mar. 6, 1990; 56 
FR 4918, Feb. 6, 1991]



Sec. 217.10  Implementation and stays of decisions.

    (a) Implementation of any decision subject to appeal pursuant to 
this part shall not occur for 7 calendar days following publication of 
the legal notice of the decision as required in this part.
    (b) Requests to stay the approval of land and resource management 
plans prepared pursuant to 36 CFR part 219 shall not be granted. 
However, requests to stay implementation of a project or activity 
included in such a plan will be considered as provided for in paragraph 
(c).
    (c) Where a project or activity would be implemented before an 
appeal decision could be issued, the Reviewing Officer shall consider 
written requests to stay implementation of that decision pending 
completion of the review.
    (d) To request a stay of implementation, an appellant must--
    (1) File a written request with the Reviewing Officer;
    (2) Simultaneously send a copy of the stay request to any other 
appellant(s), intervenor(s), and to the Deciding Officer; and
    (3) Provide a written justification of the need for a stay, which at 
a minimum includes the following:
    (i) A description of the specific project(s), activity(ies), or 
action(s) to be stopped.
    (ii) Specific reasons why the stay should be granted in sufficient 
detail to permit the Reviewing Officer to evaluate and rule upon the 
stay request, including at a minimum:
    (A) The specific adverse effect(s) upon the requester;
    (B) Harmful site-specific impacts or effects on resources in the 
area affected by the activity(ies) to be stopped; and
    (C) How the cited effects and impacts would prevent a meaningful 
decision on the merits.

[[Page 48]]

    (e) The Reviewing Officer shall rule on stay requests within 10 days 
of receipt of a request.
    (f) In deciding a stay request, a Reviewing Officer shall consider:
    (1) Information provided by the requester pursuant to paragraph (c) 
of this section;
    (2) The effect that granting a stay would have on preserving a 
meaningful appeal on the merits;
    (3) Any information provided by the Deciding Officer or other party 
to the appeal in response to the stay request; and
    (4) Any other factors the Reviewing Officer considers relevant to 
the decision.
    (g) A Reviewing Officer must issue a written decision on a stay 
request.
    (1) If a stay is granted, the stay shall specify the specific 
activities to be stopped, duration of the stay, and reasons for granting 
the stay.
    (2) If a stay is denied in whole or in part, the decision shall 
specify the reasons for the denial.
    (3) A copy of a decision on a stay request shall be sent to the 
appellant(s), intervenor(s), and the Deciding Officer.
    (h) A decision may be implemented during a review unless the 
Reviewing Officer has granted a stay.
    (i) A Reviewing Officer's decision on a request to stay 
implementation of a project or activity included in a Land and Resource 
Management Plan or significant amendment or revision to the plan is not 
subject to discretionary review at the next administrative level.
[54 FR 3357, Jan. 23, 1989, as amended at 55 FR 7896, Mar. 6, 1990; 56 
FR 4918, Feb. 6, 1991; 58 FR 58916, Nov. 4, 1993]



Sec. 217.11  Dismissal without review.

    (a) A Reviewing Officer shall dismiss an appeal and close the appeal 
record without decision on the merits when:
    (1) The notice is not filed within the time specified in Sec. 217.8 
of this part;
    (2) The requested relief or change cannot be granted under law, 
fact, or regulation existing when the decision was made.
    (3) The notice of appeal fails to meet the minimum requirements of 
Sec. 217.9 of this part to such an extent that the Reviewing Officer 
lacks adequate information on which to base a decision;
    (4) The decision at issue is being appealed under another 
administrative proceeding;
    (5) The decision is excluded from appeal pursuant to Sec. 217.4 of 
this part;
    (6) The appellant(s) withdraws the appeal;
    (7) The Deciding Officer withdraws the appealed decision; or
    (8) The Chief has invoked the provisions of Sec. 217.18 of this 
part.
    (b) The Reviewing Officer shall give written notice of a dismissal 
to all participants that includes an explanation of why the appeal is 
dismissed.
    (c) A Reviewing Officer's dismissal decision is subject to 
discretionary review at the next administrative level as provided for in 
Sec. 217.7(d) of this part, except when a dismissal decision results 
from withdrawal of an appeal by an appellant or withdrawal of the 
initial decision by the Deciding Officer.
[54 FR 3357, Jan. 23, 1989, as amended at 55 FR 7896, Mar. 6, 1990; 56 
FR 4918, Feb. 6, 1991]



Sec. 217.12  Resolution of issues.

    (a) When a decision is appealed, appellants or intervenors may 
request meetings with the Deciding Officer to discuss the appeal, either 
together or separately, to narrow issues, agree on facts, and explore 
opportunities to resolve the issues by means other than review and 
decision on the appeal. Reviewing Officers may, on their own initiative, 
request the Deciding Officer to meet with participants to discuss the 
appeal and explore opportunities to resolve the issues. However, 
Reviewing Officers may not participate in such discussions. At the 
request of the Deciding Officer, or on their own initiative, Reviewing 
Officers may extend the time periods for review to allow for conduct of 
meaningful negotiations. Such extensions may occur only after the time 
period for intervention and for the Deciding Officer to transmit the 
decision documentation has elapsed. In granting an extension, the 
Reviewing Officer must establish a specific time period for the conduct 
of negotiations.
    (b) The Deciding Officer has the authority to withdraw a decision, 
in whole or in part, during the appeal. Where a Deciding Officer decides 
to withdraw a decision, all participants to the appeal will be notified 
that the

[[Page 49]]

case is dismissed. A Deciding Officer's subsequent decision to reissue 
or modify the withdrawn decision constitutes a new decision and is 
subject to appeal under this part.
[54 FR 3357, Jan. 23, 1989, as amended at 56 FR 46550, Sept. 13, 1991]



Sec. 217.13  Reviewing officer authority.

    (a) Discretion to establish procedures. A Reviewing Officer may 
issue such determinations and procedural instructions as appropriate to 
ensure orderly and expeditious conduct of the appeal process as long as 
they are in accordance with all the applicable rules and procedures of 
this part.
    (1) In appeals involving intervenors, the Reviewing Officer may 
prescribe special procedures to conduct the appeal.
    (2) In case of multiple appeals of a decision, the Reviewing Officer 
may prescribe special procedures as necessary to conduct the review.
    (3) All participants shall receive notice of any procedural 
instructions or decisions governing conduct of an appeal.
    (4) Procedural instructions and decisions are not subject to review 
by higher level officers.
    (b) Consolidation of multiple appeals. (1) The Reviewing Officer 
shall determine whether to issue one appeal decision or separate 
decisions in cases involving multiple notices of appeal under this part, 
or if the same decision is also under appeal pursuant to 36 CFR part 
251. In the event of a consolidated decision, the Reviewing Officer 
shall give advance notice to all who have appealed the decision.
    (2) Decisions to consolidate an appeal decision are not subject to 
review by higher level officers.
    (c) Requests for information. At any time during the appeal process, 
the Reviewing Officer at the levels specified in Sec. 217.7 (a), (b), or 
(c)(1) of this part may extend the time periods for review to request 
additional information from an appellant, intervenor, or the Deciding 
Officer. Such requests shall be limited to obtaining and evaluating 
information needed to clarify issues raised. The Reviewing Officer shall 
notify all participants of such requests and provide them opportunity to 
comment on the information obtained.
[54 FR 3357, Jan. 23, 1989, as amended at 54 FR 34509, Aug. 21, 1989]



Sec. 217.14  Intervention.

    (a) For a period not to exceed 20 days following the filing of a 
notice of appeal, the Reviewing Officer shall accept requests to 
intervene in the appeal from any interested or potentially affected 
person or organization. Requests to intervene in an appeal during the 
discretionary review (Sec. 217.7(d)) shall not be accepted.
    (b) Upon receiving such a request, the Reviewing Officer shall 
promptly acknowledge the request, in writing, and mail the Notice of 
Appeal to the intervenor.
    (c) The Reviewing Officer shall accept into the appeal record 
written comments about the appeal from an intervenor for a period not to 
exceed 30 days following acknowledgement of the intervention request 
(Sec. 217.14(b)).
    (d) Intervenors must concurrently furnish copies of all submissions 
to the appellant. Failure to provide copies may result in removal of a 
submission from the appeal record.
    (e) An intervenor cannot continue an appeal if the appeal is 
dismissed (Sec. 217.11).
[54 FR 3357, Jan. 23, 1989, as amended at 58 FR 58916, Nov. 4, 1993]



Sec. 217.15  Appeal record.

    (a) Upon receipt of a copy of the notice of appeal, the Deciding 
Officer shall assemble the relevant decision documentation (Sec. 217.2) 
and pertinent records, and transmit them to the Reviewing Officer within 
30 days in appeal of non-significant amendments to land and resource 
management plans or within 60 days for appeals of land and resource 
management plan approvals, significant amendments, or revisions, and for 
other programmatic decisions. The time period for forwarding the 
decision documentation is not extendable.
    (b) In transmitting the decision documentation to the Reviewing 
Officer, the Deciding Officer shall indicate where the documentation 
addresses the issues raised in the notice of appeal.

[[Page 50]]

The Deciding Officer shall provide a copy of the transmittal letter to 
the appellant(s) and intervenor(s).
    (c) The review of decisions appealed under this part focuses on the 
documentation developed by the Deciding Officer in reaching decisions. 
The records on which the Reviewing Officer shall conduct the review 
consists of the notice of appeal, any written comments submitted by 
intervenors, the official documentation prepared by the Deciding Officer 
in the decisionmaking process, the Deciding Officer's letter 
transmitting those documents to the Reviewing Officer, and any appeal 
related correspondence, including additional information requested by 
the Reviewing Officer pursuant to Sec. 217.13 of this part.
    (d) It is the responsibility of the Reviewing Officer to maintain in 
one location a file of documents related to the decision and appeal.
    (e) Closing the record. (1) In appeals with intervenors, the appeal 
record shall close upon receipt of comments on the appeal by the 
intervenor, but not later than the end of the 30-day period provided for 
intervenors to submit comments (Sec. 217.14(c)).
    (2) In appeals without intervenors, the appeal record shall close 
upon receipt of the decision documentation from the Deciding Officer, 
unless time has been extended as provided for in Secs. 217.12 and 
217.13.
    (f) The appeal record is open to public inspection at any time 
during the review.
    (g) In appeals involving initial decisions of the Chief (217.7(a)), 
the establishment of an administrative record as defined in paragraph 
(a) of this section shall not begin unless the Secretary elects to 
review the appeal. Except for the initial notice of appeal, any filings 
made previous to the Secretary's election to review will not be 
accepted.
[54 FR 3357, Jan. 23, 1989, as amended at 54 FR 34509, Aug. 21, 1989; 55 
FR 7896, Mar. 6, 1990; 56 FR 4918, Feb. 6, 1991; 58 FR 58916, Nov. 4, 
1993]



Sec. 217.16  Decision.

    (a) The Reviewing Officer shall not issue a decision prior to the 
record closing (Sec. 217.15(e)).
    (b) The Reviewing Officer's decision shall, in whole or in part, 
affirm or reverse the original decision. The Reviewing Officer's 
decision may include instructions for further action by the Deciding 
Officer.
    (c) An appeal decision must be consistent with applicable law, 
regulations, and orders.
    (d) The Reviewing Officer shall send a copy of the decision to all 
participants and to others upon request.
    (e) Unless a higher level officer exercises the discretion to review 
a Receiving Officer's decision as provided at Sec. 217.7(d), the 
Reviewing Officer's decision is the final administrative decision of the 
Department of Agriculture and the decision is not subject to further 
review under this part.
[54 FR 3357, Jan. 23, 1989, as amended at 58 FR 58916, Nov. 4, 1993]



Sec. 217.17  Discretionary review.

    (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, a Reviewing Officer should consider, 
but is not limited to, such factors as controversy surrounding the 
decision, the potential for litigation, whether the decision is 
precedential in nature, or whether the decision modifies existing or 
establishes new policy.
    (b) As provided for a Secs. 217.7 (c) and (d), 217.10(h), and 
217.11, certain dismissal decisions rendered by Forest Service line 
officers, and appeal decisions rendered by Regional Foresters and the 
Chief (Sec. 217.16) are subject to discretionary review at the next 
highest administrative level. Within one day following the date of any 
decision subject to such discretionary review, the Reviewing Officer 
shall forward a copy of the decision and the decision documents 
(Sec. 217.2) upon which the appeal was predicated to the next higher 
officer.
    (c) When a stay of implementation is in effect, it shall remain in 
effect until the end of the 15-day period in which a higher level 
officer must decide whether or not to review a Reviewing Officer's 
decision (Sec. 217.17(d)). If the higher level officer decides to review 
the Reviewing Officer's decision, the stay will

[[Page 51]]

remain in effect until a decision is issued (Sec. 217.17(f)), or until 
the end of the 30-day review period provided in Sec. 217.17(g) whichever 
is less.
    (d) The higher level officer shall have 15 days from date of receipt 
to decide whether or not to review a lower level appeal decision, and 
may request and use the appeal record in deciding whether or not to 
review the decision, including decisions to dismiss. If the record is 
requested, the 15-day period is suspended at that point. The lower level 
Reviewing Officer shall forward it within 5 days of the request. Upon 
receipt, the higher level officer shall have 15 days to decide whether 
or not to review the lower level decision. If that officer takes no 
action by the expiration of the 15-day period or the additional 15-day 
period following receipt of the record, the decision of the Reviewing 
Officer stands as the final administrative decision of the Department of 
Agriculture. All participants shall be notified by the discretionary 
level whether or not the decision will be reviewed.
    (e) Where an official exercises the discretion in Sec. 217.7 (d) or 
(e) of this subpart to review a dismissal or appeal decision, the 
discretionary review shall be made on the existing appeal record and the 
lower level Reviewing Officer's appeal decision. The record shall not be 
reopened to accept additional submissions from any source including the 
Reviewing Officer whose appeal decision is being reviewed.
    (f) The discretionary level Reviewing Officer shall conclude the 
review within 30 days of the date of the notice issued to participants 
that the lower decision will be reviewed, and shall send a copy of the 
review decision to all participants.
    (g) If a discretionary review decision is not issued by the end of 
the 30-day review period, appellants and intervenors shall be deemed to 
have exhausted their administrative remedies for purposes of judicial 
review. In such case, the participants shall be notified by the 
discretionary level.
[54 FR 3357, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989, as amended at 54 
FR 34510, Aug. 21, 1989; 55 FR 7896, Mar. 6, 1990; 58 FR 58916, Nov. 4, 
1993]



Sec. 217.18  Policy in event of judicial proceedings.

    It is the position of the Department of Agriculture that any filing 
for Federal judicial review of a decision subject to review under this 
part is premature and inappropriate unless the plaintiff has first 
sought to invoke and exhaust the procedures available under this part. 
This position may be waived upon a written finding by the Chief.



Sec. 217.19  Applicability and effective date.

    (a) The appeal procedures established in this part apply to all 
appealable decision documents published on or after February 6, 1991.
    (b) Notices of appeal filed under 36 CFR 211.16, 36 CFR 211.18, 36 
CFR 228.14, and 36 CFR 292.15 prior to February 22, 1989 remain subject 
to those procedures.
[54 FR 3357, Jan. 23, 1989, as amended at 56 FR 46550, Sept. 13, 1991]



PART 219--PLANNING--Table of Contents




 Subpart A--National Forest System Land and Resource Management Planning

Sec.
219.1  Purpose and principles.
219.2  Scope and applicability.
219.3  Definitions and terminology.
219.4  Planning levels.
219.5  Interdisciplinary approach.
219.6  Public participation.
219.7  Coordination with other public planning efforts.
219.8  Regional planning procedure.
219.9  Regional guide content.
219.10  Forest planning--general procedure.
219.11  Forest plan content.
219.12  Forest planning--process.
219.13  Forest planning--resource integration requirements.
219.14  Timber resource land suitability.
219.15  Vegetation management practices.
219.16  Timber resource sale schedule.
219.17  Evaluation of roadless areas.
219.18  Wilderness management.
219.19  Fish and wildlife resource.
219.20  Grazing resource.
219.21  Recreation resource.
219.22  Mineral resource.
219.23  Water and soil resource.
219.24  Cultural and historic resource.
219.25  Research natural areas.
219.26  Diversity.
219.27  Management requirements.
219.28  Research.

[[Page 52]]

219.29  Transition period.

                          Subpart B--[Reserved]



 Subpart A--National Forest System Land and Resource Management Planning

     Authority. Secs. 6 and 15, 90 Stat. 2949, 2952, 2958 (16 U.S.C. 
1604, 1613); and 5 U.S.C. 301.

    Source: 47 FR 43037, Sept. 30, 1982, unless otherwise noted.



Sec. 219.1  Purpose and principles.

    (a) The regulations in this subpart set forth a process for 
developing, adopting, and revising land and resource management plans 
for the National Forest System as required by the Forest and Rangeland 
Renewable Resources Planning Act of 1974, as amended (hereafter, RPA). 
These regulations prescribe how land and resource management planning is 
to be conducted on National Forest System lands. The resulting plans 
shall provide for multiple use and sustained yield of goods and services 
from the National Forest System in a way that maximizes long term net 
public benefits in an environmentally sound manner.
    (b) Plans guide all natural resource management activities and 
establish management standards and guidelines for the National Forest 
System. They determine resource management practices, levels of resource 
production and management, and the availability and suitability of lands 
for resource management. Regional and forest planning will be based on 
the following principles:
    (1) Establishment of goals and objectives for multiple-use and 
sustained-yield management of renewable resources without impairment of 
the productivity of the land;
    (2) Consideration of the relative values of all renewable resources, 
including the relationship of nonrenewable resources, such as minerals, 
to renewable resources;
    (3) Recognition that the National Forests are ecosystems and their 
management for goods and services requires an awareness and 
consideration of the interrelationships among plants, animals, soil, 
water, air, and other environmental factors within such ecosystems;
    (4) Protection and, where appropriate, improvement of the quality of 
renewable resources;
    (5) Preservation of important historic, cultural, and natural 
aspects of our national heritage;
    (6) Protection and preservation of the inherent right of freedom of 
American Indians to believe, express, and exercise their traditional 
religions;
    (7) Provision for the safe use and enjoyment of the forest resources 
by the public;
    (8) Protection, through ecologically compatible means, of all forest 
and rangeland resources from depredations by forest and rangeland pests;
    (9) Coordination with the land and resource planning efforts of 
other Federal agencies, State and local governments, and Indian tribes;
    (10) Use of a systematic, interdisciplinary approach to ensure 
coordination and integration of planning activities for multiple-use 
management;
    (11) Early and frequent public participation;
    (12) Establishment of quantitative and qualitative standards and 
guidelines for land and resource planning and management;
    (13) Management of National Forest System lands in a manner that is 
sensitive to economic efficiency; and
    (14) Responsiveness to changing conditions of land and other 
resources and to changing social and economic demands of the American 
people.



Sec. 219.2  Scope and applicability.

    The regulations in this subpart apply to the National Forest System, 
which includes special areas, such as wilderness, wild and scenic 
rivers, national recreation areas, and national trails. Whenever the 
special area authorities require additional planning, the planning 
process under this subpart shall be subject to those authorities.
    (a) Unless inconsistent with special area authorities, requirements 
for additional planning for special areas shall be met through plans 
required under this subpart.
    (b) If, in a particular case, special area authorities require the 
preparation of a separate special area plan, the

[[Page 53]]

direction in any such plan may be incorporated without modification in 
plans prepared under this subpart.



Sec. 219.3  Definitions and terminology.

    For purposes of this subpart the following terms, respectively, 
shall mean:
    Allowable sale quantity: The quantity of timber that may be sold 
from the area of suitable land covered by the forest plan for a time 
period specified by the plan. This quantity is usually expressed on an 
annual basis as the ``average annual allowable sale quantity.''
    Base sale schedule: A timber sale schedule formulated on the basis 
that the quantity of timber planned for sale and harvest for any future 
decade is equal to or greater than the planned sale and harvest for the 
preceding decade, and this planned sale and harvest for any decade is 
not greater than the long-term sustained yield capacity.
    Biological growth potential: The average net growth attainable in a 
fully stocked natural forest stand.
    Capability: The potential of an area of land to produce resources, 
supply goods and services, and allow resource uses under an assumed set 
of management practices and at a given level of management intensity. 
Capability depends upon current conditions and site conditions such as 
climate, slope, landform, soils, and geology, as well as the application 
of management practices, such as silviculture or protection from fire, 
insects, and disease.
    Corridor: A linear strip of land identified for the present or 
future location of transportation or utility rights-of-way within its 
boundaries.
    Cost efficiency: The usefulness of specified inputs (costs) to 
produce specified outputs (benefits). In measuring cost efficiency, some 
outputs, including environmental, economic, or social impacts, are not 
assigned monetary values but are achieved at specified levels in the 
least cost manner. Cost efficiency is usually measured using present net 
value, although use of benefit-cost ratios and rates-of-return may be 
appropriate.
    Diversity: The distribution and abundance of different plant and 
animal communities and species within the area covered by a land and 
resource management plan.
    Even-aged management: The application of a combination of actions 
that results in the creation of stands in which trees of essentially the 
same age grow together. Managed even-aged forests are characterized by a 
distribution of stands of varying ages (and, therefore, tree sizes) 
throughout the forest area. The difference in age between trees forming 
the main canopy level of a stand usually does not exceed 20 percent of 
the age of the stand at harvest rotation age. Regeneration in a 
particular stand is obtained during a short period at or near the time 
that a stand has reached the desired age or size for regeneration and is 
harvested. Clearcut, shelterwood, or seed tree cutting methods produce 
even-aged stands.
    Forest land: Land at least 10 percent occupied by forest trees of 
any size or formerly having had such tree cover and not currently 
developed for non-forest use. Lands developed for non-forest use include 
areas for crops, improved pasture, residential, or administrative areas, 
improved roads of any width, and adjoining road clearing and powerline 
clearing of any width.
    Goal: A concise statement that describes a desired condition to be 
achieved sometime in the future. It is normally expressed in broad, 
general terms and is timeless in that it has no specific date by which 
it is to be completed. Goal statements form the principal basis from 
which objectives are developed.
    Goods and services: The various outputs, including on-site uses, 
produced from forest and rangeland resources.
    Integrated pest management: A process for selecting strategies to 
regulate forest pests in which all aspects of a pest-host system are 
studied and weighed. The information considered in selecting appropriate 
strategies includes the impact of the unregulated pest population on 
various resources values, alternative regulatory tactics and strategies, 
and benefit/cost estimates for these alternative strategies. Regulatory 
strategies are based on sound silvicultural practices and ecology of the 
pest-host system and consist of a combination of tactics such as timber

[[Page 54]]

stand improvement plus selective use of pesticides. A basic principle in 
the choice of strategy is that it be ecologically compatible or 
acceptable.
    Long-term sustained-yield timber capacity: The highest uniform wood 
yield from lands being managed for timber production that may be 
sustained under a specified management intensity consistent with 
multiple-use objectives.
    Management concern: An issue, problem, or a condition which 
constrains the range of management practices identified by the Forest 
Service in the planning process.
    Management direction: A statement of multiple-use and other goals 
and objectives, the associated management prescriptions, and standards 
and guidelines for attaining them.
    Management intensity: A management practice or combination of 
management practices and associated costs designed to obtain different 
levels of goods and services.
    Management practice: A specific activity, measure, course of action, 
or treatment.
    Management prescription: Management practices and intensity selected 
and scheduled for application on a specific area to attain multiple-use 
and other goals and objectives.
    Multiple use: The management of all the various renewable surface 
resources of the National Forest System so that they are utilized in the 
combination that will best meet the needs of the American people; making 
the most judicious use of the land for some or all of these resources or 
related services over areas large enough to provide sufficient latitude 
for periodic adjustments in use to conform to changing needs and 
conditions; that some lands will be used for less than all of the 
resources; and harmonious and coordinated management of the various 
resources, each with the other, without impairment of the productivity 
of the land, with consideration being given to the relative values of 
the various resources, and not necessarily the combination of uses that 
will give the greatest dollar return or the greatest unit output.
    Net public benefits: An expression used to signify the overall long-
term value to the nation of all outputs and positive effects (benefits) 
less all associated inputs and negative effects (costs) whether they can 
be quantitatively valued or not. Net public benefits are measured by 
both quantitative and qualitative criteria rather than a single measure 
or index. The maximization of net public benefits to be derived from 
management of units of the National Forest System is consistent with the 
principles of multiple use and sustained yield.
    Objective: A concise, time-specific statement of measurable planned 
results that respond to pre-established goals. An objective forms the 
basis for further planning to define the precise steps to be taken and 
the resources to be used in achieving identified goals.
    Planning area: The area of the National Forest System covered by a 
regional guide or forest plan.
    Planning period: One decade. The time interval within the planning 
horizon that is used to show incremental changes in yields, costs, 
effects, and benefits.
    Planning horizon: The overall time period considered in the planning 
process that spans all activities covered in the analysis or plan and 
all future conditions and effects of proposed actions which would 
influence the planning decisions.
    Present net value: The difference between the discounted value 
(benefits) of all outputs to which monetary values or established market 
prices are assigned and the total discounted costs of managing the 
planning area.
    Public issue: A subject or question of widespread public interest 
relating to management of the National Forest System.
    Real dollar value: A monetary value which compensates for the 
effects of inflation.
    Receipt shares: The portion of receipts derived from Forest Service 
resource management that is distributed to State and county governments, 
such as the Forest Service 25 percent fund payments.
    Responsible line officer: The Forest Service employee who has the 
authority to select and/or carry out a specific planning action.

[[Page 55]]

    Sale schedule: The quantity of timber planned for sale by time 
period from an area of suitable land covered by a forest plan. The first 
period, usually a decade, of the selected sale schedule provides the 
allowable sale quantity. Future periods are shown to establish that 
long-term sustained yield will be achieved and maintained.
    Silvicultural system: A management process whereby forests are 
tended, harvested, and replaced, resulting in a forest of distinctive 
form. Systems are classified according to the method of carrying out the 
fellings that remove the mature crop and provide for regeneration and 
according to the type of forest thereby produced.
    Suitability: The appropriateness of applying certain resource 
management practices to a particular area of land, as determined by an 
analysis of the economic and environmental consequences and the 
alternative uses foregone. A unit of land may be suitable for a variety 
of individual or combined management practices.
    Sustained-yield of products and services: The achievement and 
maintenance in perpetuity of a high-level annual or regular periodic 
output of the various renewable resources of the National Forest System 
without impairment of the productivity of the land.
    Timber production: The purposeful growing, tending, harvesting, and 
regeneration of regulated crops of trees to be cut into logs, bolts, or 
other round sections for industrial or consumer use. For purposes of 
this subpart, the term timber production does not include production of 
fuelwood.
    Uneven-aged management: The application of a combination of actions 
needed to simultaneously maintain continuous high-forest cover, 
recurring regeneration of desirable species, and the orderly growth and 
development of trees through a range of diameter or age classes to 
provide a sustained yield of forest products. Cutting is usually 
regulated by specifying the number or proportion of trees of particular 
sizes to retain within each area, thereby maintaining a planned 
distribution of size classes. Cutting methods that develop and maintain 
uneven-aged stands are single-tree selection and group selection.



Sec. 219.4  Planning levels.

    (a) General guideline. Planning requires a continuous flow of 
information and management direction among the three Forest Service 
administrative levels: national, regional, and forest. Management 
direction shall:
    (1) Include requirements for analysis to determine programs that 
maximize net public benefits, consistent with locally derived 
information about production capabilities;
    (2) Reflect production capabilities, conditions and circumstances 
observed at all levels; and
    (3) Become increasingly specific as planning progresses from the 
national to the forest level. In this structure, regional planning is a 
principal process for conveying management direction from the national 
level to the forest level and for conveying information from forest 
level to the national level. The planning process is essentially 
iterative in that the information from the forest level flows up to the 
national level where in turn information in the RPA Program flows back 
to the forest level.
    (b) Planning levels and relationships--(1) National. The Chief of 
the Forest Service shall develop the Renewable Resources Assessment and 
Program (hereafter, ``RPA Assessment and RPA Program'') according to 
sections 3 and 4 of the RPA.
    (i) RPA Assessment. The RPA Assessment shall include analysis of 
present and anticipated uses, demand for, and supply of the renewable 
resources of forest, range, and other associated lands with 
consideration of, and an emphasis on, pertinent supply, demand, and 
price relationship trends; an inventory of present and potential 
renewable resources and an evaluation of opportunities for improving 
their yield of tangible and intangible goods and services, together with 
estimates of investment costs and direct and indirect returns to the 
Federal Government; a description of Forest Service programs and 
responsibilities in research, cooperative programs, and management of 
the National Forest System; and analysis of important policy issues and 
consideration of laws, regulations, and other factors expected to 
influence and affect significantly the use, ownership, and

[[Page 56]]

management of forest, range, and other associated lands. The RPA 
Assessment shall be based on the future capabilities of forest and 
rangelands and shall include information generated during the regional, 
forest, and other planning processes.
    (ii) RPA Program. The RPA Program shall consider the costs of supply 
and the relative values of both market and nonmarket outputs. The 
alternatives considered shall include national renewable resource goals 
and quantified objectives for resource outputs and other benefits and 
shall be designed to represent a range of expenditure levels sufficient 
to demonstrate full opportunities for management. A portion of each 
national objective developed in the RPA Program shall be distributed to 
each region and be incorporated into each regional guide. Resource 
objectives shall be tentatively selected for each forest planning area. 
In formulating the objectives for each region and forest planning area, 
local supply capabilities and market conditions will be considered.
    (2) Regional. Each Regional Forester shall develop a regional guide. 
Regional guides shall establish regional standards and guidelines as 
required by Sec. 219.9(a). Consistent with resource capabilities, 
regional guides shall reflect goals and objectives of the RPA Program. 
For planning purposes, the regional guides shall display tentative 
resource objectives for each Forest from the RPA Program. Regional 
guides shall also provide for general coordination of National Forest 
System, State and Private Forestry (S&PF), and Research programs. The 
Chief shall approve the regional guide. The Regional Forester may 
request adjustment of assigned regional objectives. Any adjustment shall 
require the approval of the Chief, Forest Service.
    (3) Forest. Each Forest Supervisor shall develop a forest plan for 
administrative units of the National Forest System. One forest plan may 
be prepared for all lands for which a Forest Supervisor has 
responsibility; or separate forest plans may be prepared for each 
National Forest, or combination of National Forests, within the 
jurisdiction of a single Forest Supervisor. A single forest plan may be 
prepared for the entire Tongass National Forest. These forest plans 
shall constitute the land and resource management plans as required 
under sections 6 and 13 of the RPA. A range of resource objectives shall 
be formulated as alternatives and evaluated, including at least one 
alternative which responds to and incorporates the tentative RPA Program 
resource objectives displayed in the regional guide. Based on this 
evaluation, the Forest Supervisor shall recommend objectives for 
incorporation into the forest plan to the Regional Forester. The 
Regional Forester shall approve the forest plan. This approval may 
incorporate adjustment of the tentative RPA Program resource objectives 
displayed in the regional guide.



Sec. 219.5  Interdisciplinary approach.

    (a) A team representing several disciplines shall be used for 
regional and forest planning to insure coordinated planning of the 
various resources. Through interactions among its members, the team 
shall integrate knowledge of the physical, biological, economic and 
social sciences, and the environmental design arts in the planning 
process. The team shall consider problems collectively, rather than 
separating them along disciplinary lines. Team functions include, but 
are not limited to--
    (1) Assessing the problems and resource use and development 
opportunities associated with providing goods and services;
    (2) Obtaining the public's views about possible decisions;
    (3) Implementing the planning coordination activities within the 
Forest Service and with local, State and other Federal agencies;
    (4) Developing a broad range of alternatives which identify the 
benefits and costs of land and resource management according to the 
planning process described in this subpart.
    (5) Developing the land and resource management plan and associated 
environmental impact statement required pursuant to the planning 
process;
    (6) Presenting to the responsible line officer an integrated 
perspective on land and resource management planning; and

[[Page 57]]

    (7) Establishing the standards and requirements by which planning 
and management activities will be monitored and evaluated.
    (b) In appointing team members, the responsible line officer shall 
determine and consider the qualifications of each team member on the 
basis of the complexity of the issues and concerns to be addressed 
through the plan. The team shall collectively represent diverse 
specialized areas of professional and technical knowledge applicable to 
the planning area, and the team members shall have recognized relevant 
expertise and experience in professional, investigative, scientific, or 
other responsible work in specialty areas which they collectively 
represent. The team may consist of whatever combination of Forest 
Service staff and other Federal government personnel is necessary to 
achieve an interdisciplinary approach. The team is encouraged to consult 
other persons when required specialized knowledge does not exist within 
the team itself. In addition to technical knowledge in one or more 
resource specialties, members should possess other attributes which 
enhance the interdisciplinary process. As a minimum, these attributes 
should include--
    (1) An ability to solve complex problems;
    (2) Skills in communication and group interaction;
    (3) Basic understanding of land and natural resource planning 
concepts, processes, and analysis techniques; and
    (4) The ability to conceptualize planning problems and feasible 
solutions.



Sec. 219.6  Public participation.

    (a) Because the land and resource management planning process 
determines how the lands of the National Forest System are to be 
managed, the public is encouraged to participate throughout the planning 
process. The intent of public participation is to--
    (1) Broaden the information base upon which land and resource 
management planning decisions are made;
    (2) Ensure that the Forest Service understands the needs, concerns, 
and values of the public;
    (3) Inform the public of Forest Service land and resource planning 
activities; and
    (4) Provide the public with an understanding of Forest Service 
programs and proposed actions.
    (b) Public participation in the preparation of environmental impact 
statements for planning begins with the publication of a notice of 
intent in the Federal Register. Public involvement in the preparation of 
draft and final environmental impact statements shall conform to the 
requirements of the National Environmental Policy Act and associated 
implementing regulations and Forest Service Manual and Handbook guidance 
(hereafter, ``NEPA procedures''). Public comments shall be analyzed 
according to NEPA procedures.
    (c) Public participation activities, as deemed appropriate by the 
responsible line officer, shall be used early and often throughout the 
development of plans. Formal public participation activities will begin 
with a notice to the news media and other sources which includes, as 
appropriate, the following information:
    (1) A description of the proposed planning action;
    (2) A description and map of the geographic area affected;
    (3) The issues expected to be discussed;
    (4) The kind, extent, and method(s) of public participation to be 
used;
    (5) The times, dates, and locations scheduled or anticipated, for 
public meetings;
    (6) The name, title, address, and telephone number of the Forest 
Service official who may be contacted for further information; and
    (7) The location and availability of documents relevant to planning 
process.
    (d) Public participation activities should be appropriate to the 
area and people involved. Means of notification should be appropriate to 
the level of planning. Public participation activities may include, but 
are not limited to, requests for written comments, meetings, 
conferences, seminars, workshops, tours, and similar events designed to 
foster public review and comment. The Forest Service shall state the 
objectives of each participation activity to assure that the public 
understands what type of information is

[[Page 58]]

needed and how this information relates to the planning process.
    (e) Public comments shall be considered individually and by type of 
group and organization to determine common areas of concern and 
geographic distribution. The result of this analysis should be evaluated 
to determine the variety and intensity of viewpoints about ongoing and 
proposed planning and management standards and guidelines.
    (f) All scheduled public participation activities shall be 
documented by a summary of the principal issues discussed, comments 
made, and a register of participants.
    (g) At least 30 days' public notice shall be given for public 
participation activities associated with the development of regional 
guides and forest plans. Any notice requesting written comments on 
regional planning shall allow at least 60 calendar days for response. A 
similar request on forest planning shall allow at least 30 calendar days 
for response. Draft regional guides and forest plans and environmental 
impact statements shall be available for public comment for a least 3 
months. See also Secs. 219.8(c) and 219.10(b).
    (h) The responsible line officer shall attend, or provide for 
adequate representation at, public participation activities.
    (i) Copies of approved guides and plans shall be available for 
public review as follows:
    (1) The RPA Assessment and the RPA Program shall be available at 
national headquarters, The Northeastern Area State and Private Forestry 
Office, and all Regional offices, Research Stations, Forest Supervisors' 
offices, and District Rangers' offices;
    (2) The regional guides shall be available at national headquarters, 
the issuing regional office and regional offices of contiguous regions, 
each Forest Supervisor's office of forests within and contiguous to the 
issuing region, and each District Ranger's office in the region;
    (3) The forest plan shall be available at the regional office for 
the forest, the Forest Supervisor's office, Forest Supervisors' offices 
contiguous to the forest, District Rangers' offices within the forest, 
and at least one additional location, to be determined by the Forest 
Supervisor, which shall offer convenient access to the public.

These documents may be made available at other locations convenient to 
the public.
    (j) Documents considered in the development of plans shall be 
available at the office where the plans were developed.
    (k) Forest planning activities should be coordinated to the extent 
practicable with owners of lands that are intermingled with, or 
dependent for access upon, National Forest System lands. The results of 
this coordination shall be included in the environmental impact 
statement for the plan as part of the review required in Sec. 219.7(c). 
The responsible line officer may individually notify these owners of 
forest planning activities where it is determined that notice provided 
for the general public is not likely to reach the affected landowners.
    (l) Fees for reproducing requested documents shall be charged 
according to the Secretary of Agriculture's Fee Schedule (7 CFR part 1, 
subpart A, appendix A).



Sec. 219.7  Coordination with other public planning efforts.

    (a) The responsible line officer shall coordinate regional and 
forest planning with the equivalent and related planning efforts of 
other Federal agencies, State and local governments, and Indian tribes.
    (b) The responsible line officer shall give notice of the 
preparation of a land and resource management plan, along with a general 
schedule of anticipated planning actions, to the official or agency so 
designated by the affected State (including the Commonwealth of Puerto 
Rico). The same notice shall be mailed to all Tribal or Alaska Native 
leaders whose tribal lands or treaty rights are expected to be impacted 
and to the heads of units of government for the counties involved. These 
notices shall be issued simultaneously with the publication of the 
notice of intent to prepare an environmental impact statement required 
by NEPA procedures (40 CFR 1501.7).

[[Page 59]]

    (c) The responsible line officer shall review the planning and land 
use policies of other Federal agencies, State and local governments, and 
Indian tribes. The results of this review shall be displayed in the 
environmental impact statement for the plan (40 CFR 1502.16(c), 1506.2). 
The review shall include--
    (1) Consideration of the objectives of other Federal, State and 
local governments, and Indians tribes, as expressed in their plans and 
policies;
    (2) An assessment of the interrelated impacts of these plans and 
policies;
    (3) A determination of how each Forest Service plan should deal with 
the impacts identified; and,
    (4) Where conflicts with Forest Service planning are identified, 
consideration of alternatives for their resolution.
    (d) In developing land and resource management plans, the 
responsible line officer shall meet with the designated State official 
(or designee) and representatives of other Federal agencies, local 
governments, and Indian tribal governments at the beginning of the 
planning process to develop procedures for coordination. As a minimum, 
such conferences shall also be held after public issues and management 
concerns have been identified and prior to recommending the preferred 
alternative. Such conferences may be held in conjunction with other 
public participation activities, if the opportunity for government 
officials to participate in the planning process is not thereby reduced.
    (e) In developing the forest plan, the responsible line officer 
shall seek input from other Federal, State and local governments, and 
universities to help resolve management concerns in the planning process 
and to identify areas where additional research is needed. This input 
should be included in the discussion of the research needs of the 
designated forest planning area.
    (f) A program of monitoring and evaluation shall be conducted that 
includes consideration of the effects of National Forest management on 
land, resources, and communities adjacent to or near the National Forest 
being planned and the effects upon National Forest management of 
activities on nearby lands managed by other Federal or other government 
agencies or under the jurisdiction of local governments.
[47 FR 43037, Sept. 30, 1982, as amended at 48 FR 29122, June 24, 1983]



Sec. 219.8  Regional planning procedure.

    (a) Regional guide. A regional guide shall be developed for each 
administratively designated Forest Service region. Regional guides shall 
reflect general coordination of National Forest System, State and 
Private Forestry, and Research programs. Regional guides shall provide 
standards and guidelines for addressing major issues and management 
concerns which need to be considered at the regional level to facilitate 
forest planning. Public participation and coordination, the current RPA 
Program and Assessment, and the existing forest and resource plans shall 
be used as sources of information in meeting this requirement. Data and 
information requirements established nationally will be followed in 
structuring and maintaining required data.
    (b) Responsibilities--(1) Chief, Forest Service. The Chief shall 
establish agency-wide policy for regional planning and approve all 
regional guides.
    (2) Regional forester. The Regional Forester has overall 
responsibility for preparing and implementing the regional guide and for 
preparing the environmental impact statement for proposed standards and 
guidelines in the regional guide. The Regional Forester appoints and 
supervises the interdisciplinary team.
    (3) Interdisciplinary team. The team, under the direction of the 
Regional Forester, implements the public participation and coordination 
activities required by Sec. 219.6 and Sec. 219.7. The team shall 
continue to function even though membership may change and shall monitor 
and evaluate planning results and recommend amendments. The team shall 
develop a regional guide in compliance with NEPA procedures.
    (c) Public review. A draft and final environmental impact statement 
shall be prepared for the proposed standards and guidelines in the 
regional guide according to NEPA procedures. To the extent feasible, a 
single process shall

[[Page 60]]

be used to meet planning and NEPA requirements. The draft statement 
shall identify a preferred alternative. Beginning on the date of 
publication of the notice of availability of the draft environmental 
impact statement in the Federal Register, the statement and the proposed 
guide shall be available for public comment for at least 3 months at 
convenient locations in the vicinity of the lands covered by the guide. 
During this period, and in accordance with the provisions in Sec. 219.6, 
the Regional Forester or his designee shall publicize and hold public 
participation activities as deemed necessary for adequate public input.
    (d) Guide approval. The Chief shall review the proposed guide and 
the final environmental impact statement and either approve or 
disapprove the guide.
    (1) Approval. The Chief shall prepare a concise public record of 
decision which documents approval and accompanies the regional guide and 
the final environmental impact statement. The record or decision shall 
be prepared according to NEPA procedures (40 CFR 1505.2). The approved 
regional guide shall not become effective until at least 30 days after 
publication of the notice of availability of the final environmental 
impact statement in the Federal Register.
    (2) Disapproval. The Chief shall return the regional guide and final 
environmental impact statement to the Regional Forester with a written 
statement of the reasons for disapproval. The Chief may also specify a 
course of action to be undertaken by the Regional Forester in order to 
remedy deficiencies, errors, or omissions in the regional guide or 
environmental impact statement.
    (e) Public appeal of approval decisions. The provisions of 36 CFR 
part 211, subpart B apply to any administrative appeal of the Chief's 
decision to approve a regional guide. Decisions to disapprove a guide 
and other decisions made during the regional planning process prior to 
issuance of a record of decision approving the guide are not subject to 
administrative appeal.
    (f) Amendment. The Regional Forester may amend the regional guide. 
The Regional Forester shall determine whether the proposed amendment 
would result in a significant change in the guide. If the change 
resulting from the proposed amendment is determined to be significant, 
the Regional Forester shall follow the same procedure for amendment as 
that required for development and approval of a regional guide. If the 
change resulting from the amendment is determined not to be significant 
for the purposes of the planning process, the Regional Forester may 
implement the amendment following appropriate public notification and 
satisfactory completion of NEPA procedures.
    (g) Planning records. The Regional Forester shall develop and 
maintain planning records that document decisions and activities that 
result from the process of developing a regional guide and the 
accomplishment of legal and administrative planning requirements. These 
records include at least the draft environmental impact statement, final 
environmental impact statement, regional guide, record of decision, a 
work plan to guide and manage planning, the procedures used in 
completing each action, and the results of these actions.



Sec. 219.9  Regional guide content.

    (a) The regional guide shall contain--
    (1) A summary of the analysis of the regional management situation, 
including a brief description of the existing management situation and 
the major issues and management concerns which need to be addressed at 
the regional level to facilitate forest planning;
    (2) A description of management direction including programs, goals, 
and objectives;
    (3) A display of tentative resource objectives for each forest 
planning area from the current RPA Program;
    (4) New or significantly changed regional management standards and 
guidelines necessary to address major regional issues and management 
concerns identified in paragraph (a)(1) of this section;
    (5) Specific standards and guidelines for the following--
    (i) Prescribing appropriate harvest cutting methods to be used 
within the region according to geographic areas,

[[Page 61]]

forest types, or other suitable classifications;
    (ii) Establishing the maximum size, dispersal, and size variation of 
tree openings created by even-aged management, and the state of 
vegetation that will be reached before a cut-over area is no longer 
considered an opening, using factors enumerated in Sec. 219.27(d);
    (iii) Defining the management intensities and utilization standards 
to be used in determining harvest levels for the region;
    (iv) Designating transportation corridors and associated direction 
for forest planning, such as management requirements for corridors, 
transmission lines, pipelines, and water canals. (The designation of 
corridors is not to preclude the granting of separate rights-of-way 
over, upon, under, or through the Federal lands where the authorized 
line officer determines that confinement to a corridor is not 
appropriate.) (43 U.S.C. 1763, 36 CFR 251.56); and
    (v) Identifying in forest plans significant current and potential 
air pollution emissions from management activities and from other 
sources in and around the forest planning area and identifying measures 
needed to coordinate air quality control with appropriate air quality 
regulation agencies.
    (6) A description of the monitoring and evaluation necessary to 
determine and report achievements and effects of the guide.
    (7) A description of measures to achieve coordination of National 
Forest System, State and Private Forestry, and Research programs.
    (b) Existing regional standards and guidelines that are part of the 
Forest Service directives system, and that are not altered or superseded 
in the course of complying with Sec. 219.9(a)(4), shall remain in 
effect.



Sec. 219.10  Forest planning--general procedure.

    (a) Responsibilities--(1) Regional Forester. The Regional Forester 
shall establish regional policy for forest planning and approve all 
forest plans in the region.
    (2) Forest Supervisor. The Forest Supervisor has overall 
responsibility for the preparation and implementation of the forest plan 
and preparation of the environmental impact statement for the forest 
plan. The Forest Supervisor appoints and supervises the 
interdisciplinary team.
    (3) Interdisciplinary team. The team, under the direction of the 
Forest Supervisor, implements the public participation and coordination 
activities required by Sec. 219.6 and Sec. 219.7. The team shall 
continue to function even though membership may change and shall monitor 
and evaluate planning results and recommend revisions and amendments. 
The interdisciplinary team shall develop a forest plan and environmental 
impact statement using the process established in Sec. 219.12 and 
paragraph (b) below.
    (b) Public review of plan and environmental impact statement. A 
draft and final environmental impact statement shall be prepared for the 
proposed plan according to NEPA procedures. The draft environmental 
impact statement shall identify a preferred alternative. To comply with 
16 U.S.C. 1604(d), the draft environmental impact statement and proposed 
plan shall be available for public comment for at least 3 months, at 
convenient locations in the vicinity of the lands covered by the plan, 
beginning on the date of the publication of the notice of availability 
in the Federal Register. During this period, and in accordance with the 
provisions in Sec. 219.6, the Forest Supervisor shall publicize and hold 
public participation activities as deemed necessary to obtain adequate 
public input.
    (c) Plan approval. The Regional Forester shall review the proposed 
plan and the final environmental impact statement and either approve or 
disapprove the plan.
    (1) Approval. The Regional Forester shall prepare a concise public 
record of decision which documents approval and accompanies the plan and 
final environmental impact statement. The record of decision shall be 
prepared according to NEPA procedures (40 CFR 1505.2). The approved plan 
shall not become effective until at least 30 days after publication of 
the notice of availability of the final environmental impact statement 
in the Federal Register, to comply with 16 U.S.C. 1604(d) and 1604(j).

[[Page 62]]

    (2) Disapproval. The Regional Forester shall return the plan and 
final environmental impact statement to the Forest Supervisor with a 
written statement of the reasons for disapproval. The Regional Forester 
may also specify a course of action to be undertaken by the Forest 
Supervisor in order to remedy deficiencies, errors, or omissions in the 
plan or environmental impact statement.
    (d) Public appeal of approval decision. The provisions of 36 CFR 
part 211, subpart B apply to any administrative appeal of the Regional 
Forester's decision to approve a forest plan. Decisions to disapprove a 
plan and other decisions made during the forest planning process prior 
to the issuance of a record of decision approving the plan are not 
subject to administrative appeal.
    (e) Plan implementation. As soon as practicable after approval of 
the plan, the Forest Supervisor shall ensure that, subject to valid 
existing rights, all outstanding and future permits, contracts, 
cooperative agreements, and other instruments for occupancy and use of 
affected lands are consistent with the plan. Subsequent administrative 
activities affecting such lands, including budget proposals, shall be 
based on the plan. The Forest Supervisor may change proposed 
implementation schedules to reflect differences between proposed annual 
budgets and appropriated funds. Such scheduled changes shall be 
considered an amendment to the forest plan, but shall not be considered 
a significant amendment, or require the preparation of an environmental 
impact statement, unless the changes significantly alter the long-term 
relationship between levels of multiple-use goods and services projected 
under planned budget proposals as compared to those projected under 
actual appropriations.
    (f) Amendment. The Forest Supervisor may amend the forest plan. 
Based on an analysis of the objectives, guidelines, and other contents 
of the forest plan, the Forest Supervisor shall determine whether a 
proposed amendment would result in a significant change in the plan. If 
the change resulting from the proposed amendment is determined to be 
significant, the Forest Supervisor shall follow the same procedure as 
that required for development and approval of a forest plan. If the 
change resulting from the amendment is determined not to be significant 
for the purposes of the planning process, the Forest Supervisor may 
implement the amendment following appropriate public notification and 
satisfactory completion of NEPA procedures.
    (g) Revision. A forest plan shall ordinarily be revised on a 10-year 
cycle or at least every 15 years. It also may be revised whenever the 
Forest Supervisor determines that conditions or demands in the area 
covered by the plan have changed significantly or when changes in RPA 
policies, goals, or objectives would have a significant effect on forest 
level programs. In the monitoring and evaluation process, the 
interdisciplinary team may recommend a revision of the forest plan at 
any time. Revisions are not effective until considered and approved in 
accordance with the requirements for the development and approval of a 
forest plan. The Forest Supervisor shall review the conditions on the 
land covered by the plan at least every 5 years to determine whether 
conditions or demands of the public have change significantly.
    (h) Planning records. The Forest Supervisor and interdisciplinary 
team shall develop and maintain planning records that document the 
decisions and activities that result from the process of developing a 
forest plan. Records that support analytical conclusions made and 
alternatives considered by the team and approved by the Forest 
Supervisor throughout the planning process shall be maintained. Such 
supporting records provide the basis for the development of the forest 
plan and associated documents required by NEPA procedures.



Sec. 219.11  Forest plan content.

    The forest plan shall contain the following:
    (a) A brief summary of the analysis of the management situation, 
including demand and supply conditions for resource commodities and 
services, production potentials, and use and development opportunities;
    (b) Forest multiple-use goals and objectives that include a 
description of

[[Page 63]]

the desired future condition of the forest or grassland and an 
identification of the quantities of goods and services that are expected 
to be produced or provided during the RPA planning periods;
    (c) Multiple-use prescriptions and associated standards and 
guidelines for each management area including proposed and probable 
management practices such as the planned timber sale program; and
    (d) Monitoring and evaluation requirements that will provide a basis 
for a periodic determination and evaluation of the effects of management 
practices.



Sec. 219.12  Forest planning--process.

    (a) General requirements. The preparation, revision, or significant 
amendment of a forest plan shall comply with the requirements 
established in this section. The planning process includes at least 
those actions set forth in paragraphs (b) through (k) of the section. 
Some actions may occur simultaneously, and it may be necessary to repeat 
an action as additional information becomes available. The environmental 
impact statement for each forest plan shall be prepared according to 
NEPA procedures. To the extent feasible, a single process shall be used 
to meet planning and NEPA requirements.
    (b) Identification of purpose and need. The interdisciplinary team 
shall identify and evaluate public issues, management concerns, and 
resource use and development opportunities, including those identified 
throughout the planning process during public participation activities 
and coordination with other Federal agencies, State and local 
governments, and Indian tribes. The Forest Supervisor shall determine 
the major public issues, management concerns, and resource use and 
development opportunities to be addressed in the planning process.
    (c) Planning criteria. Criteria shall be prepared to guide the 
planning process. Criteria apply to collection and use of inventory data 
and information, analysis of the management situation, and the design, 
formulation, and evaluation of alternatives. Criteria designed to 
achieve the objective of maximizing net public benefits shall be 
included. Specific criteria may be derived from--
    (1) Laws, Executive Orders, regulations, and agency policy as set 
forth in the Forest Service Manual;
    (2) Goals and objectives in the RPA Program and regional guides;
    (3) Recommendations and assumptions developed from public issues, 
management concerns, and resource use and development opportunities;
    (4) The plans and programs of other Federal agencies, State and 
local governments, and Indian tribes;
    (5) Ecological, technical, and economic factors; and
    (6) The resource integration and management requirements in 
Secs. 219.13 through 219.27.
    (d) Inventory data and information collection. Each Forest 
Supervisor shall obtain and keep current inventory data appropriate for 
planning and managing the resources under his or her administrative 
jurisdiction. The Supervisor will assure that the interdisciplinary team 
has access to the best available data. This may require that special 
inventories or studies be prepared. The interdisciplinary team shall 
collect, assemble, and use data, maps, graphic material, and explanatory 
aids, of a kind, character, and quality, and to the detail appropriate 
for the management decisions to be made. Data and information needs may 
vary as planning problems develop from identification of public issues, 
management concerns, and resource use and development opportunities. 
Data shall be stored for ready retrieval and comparison and periodically 
shall be evaluated for accuracy and effectiveness. The interdisciplinary 
team will use common data definitions and standards established by the 
Chief of the Forest Service to assure uniformity of information between 
all planning levels. As information is recorded, it shall be applied in 
any subsequent planning process. Information developed according to 
common data definitions and standards shall be used in the preparation 
of the 1990, and subsequent RPA Assessments and RPA Programs.
    (e) Analysis of the management situation. The analysis of the 
management situation is a determination of the ability of the planning 
area covered by

[[Page 64]]

the forest plan to supply goods and services in response to society's 
demands. The primary purpose of this analysis is to provide a basis for 
formulating a broad range of reasonable alternatives. The analysis may 
examine the capability of the unit to supply outputs both with and 
without legal and other requirements. As a minimum, the analysis of the 
management situation shall include the following:
    (1) Benchmark analyses to define the range within which alternatives 
can be constructed. Budgets shall not be a constraint. The following 
benchmark analyses shall be consistent with the minimum applicable 
management requirements of Sec. 219.27 and shall define at least--
    (i) The minimum level of management which would be needed to 
maintain and protect the unit as part of the National Forest System 
together with associated costs and benefits;
    (ii) The maximum physical and biological production potentials of 
significant individual goods and services together with associated costs 
and benefits;
    (iii) Monetary benchmarks which estimate the maximum present net 
value of those resources having an established market value or an 
assigned value;
    (A) For forest planning areas with major resource outputs that have 
an established market price, monetary benchmarks shall include an 
estimate of the mix of resource uses, combined with a schedule of 
outputs and costs, which will maximize the present net value of those 
major outputs that have an established market price;
    (B) For all forest planning areas, monetary benchmarks shall include 
an estimate of the mix of resource uses, combined with a schedule of 
outputs and costs, which will maximize the present net value of those 
major outputs that have an established market price or are assigned a 
monetary value;
    (C) For forest planning areas with a significant timber resource, 
estimates for paragraphs (e)(1)(iii) (A) and (B) of this section shall 
be developed both with and without meeting the requirements for 
compliance with a base sale schedule of timber harvest, as described in 
Sec. 219.16(a)(1), and with and without scheduling the harvest of even-
aged stands generally at or beyond culmination of mean annual increment 
of growth, as described in Sec. 219.16(a)(2)(iii).
    (D) Estimates for paragraphs (e)(1)(iii) (A) and (B) of this section 
shall be developed both with and without other constraints when needed 
to address major public issues, management concerns, or resource 
opportunities identified during the planning process.
    (2) The current level of goods and services provided by the unit and 
the most likely amount of goods and services expected to be provided in 
the future if current management direction continues; this will be the 
same analysis as that required by Sec. 219.12(f)(5).
    (3) Projections of demand using best available techniques, with both 
price and nonprice information. To the extent practical, demand will be 
assessed as price-quantity relationships.
    (4) A determination of the potential to resolve public issues and 
management concerns.
    (5) Based on consideration of data and findings developed in 
paragraphs (e)(1)-(4), a determination of the need to establish or 
change management direction.
    (f) Formulation of alternatives. The interdisciplinary team shall 
formulate a broad range of reasonable alternatives according to NEPA 
procedures. The primary goal in formulating alternatives, besides 
complying with NEPA procedures, is to provide an adequate basis for 
identifying the alternative that comes nearest to maximizing net public 
benefits, consistent with the resource integration and management 
requirements of Secs. 219.13 through 219.27.
    (1) Alternatives shall be distributed between the minimum resource 
potential and the maximum resource potential to reflect to the extent 
practicable the full range of major commodity and environmental resource 
uses and values that could be produced from the forest. Alternatives 
shall reflect a range of resource outputs and expenditure levels.
    (2) Alternatives shall be formulated to facilitate analysis of 
opportunity costs and of resource use and environmental trade-offs among 
alternatives

[[Page 65]]

and between benchmarks and alternatives.
    (3) Alternatives shall be formulated to facilitate evaluation of the 
effects on present net value, benefits, and costs of achieving various 
outputs and values that are not assigned monetary values, but that are 
provided at specified levels.
    (4) Alternatives shall provide different ways to address and respond 
to the major public issues, management concerns, and resource 
opportunities identified during the planning process.
    (5) Reasonable alternatives which may require a change in existing 
law or policy to implement shall be formulated if necessary to address a 
major public issue, management concern, or resource opportunity 
identified during the planning process (40 CFR 1501.7, 1502.14(c)).
    (6) At least one alternative shall be developed which responds to 
and incorporates the RPA Program tentative resource objectives for each 
forest displayed in the regional guide.
    (7) At least one alternative shall reflect the current level of 
goods and services provided by the unit and the most likely amount of 
goods and services expected to be provided in the future if current 
management direction continues. Pursuant to NEPA procedures, this 
alternative shall be deemed the ``no action'' alternative.
    (8) Each alternative shall represent to the extent practicable the 
most cost efficient combination of management prescriptions examined 
that can meet the objectives established in the alternative.
    (9) Each alternative shall state at least--
    (i) The condition and uses that will result from long-term 
application of the alternative;
    (ii) The goods and services to be produced, the timing and flow of 
these resource outputs together with associated costs and benefits;
    (iii) Resource management standards and guidelines; and
    (iv) The purposes of the management direction proposed.
    (g) Estimated effects of alternatives. The physical, biological, 
economic, and social effects of implementing each alternative considered 
in detail shall be estimated and compared according to NEPA procedures. 
These effects include those described in NEPA procedures (40 CFR 1502.14 
and 1502.16) and at least the following:
    (1) The expected outputs for the planning periods, including 
appropriate marketable goods and services, as well as nonmarket items, 
such as recreation and wilderness use, wildlife and fish, protection and 
enhancement of soil, water, and air, and preservation of aesthetic and 
cultural resource values;
    (2) The relationship of expected outputs to the RPA Program 
tentative resource objectives for the forest displayed in the current 
regional guide;
    (3) Direct and indirect benefits and costs, analyzed in sufficient 
detail to estimate--
    (i) the expected real-dollar costs (discounted when appropriate), 
including investment, administrative, and operating costs of the agency 
and all other public and private costs required to manage the forest up 
to the point where the outputs are valued and the environmental 
consequences are realized;
    (ii) the expected real-dollar value (discounted when appropriate) of 
all outputs attributable to each alternative to the extent that monetary 
values can be assigned to nonmarket goods and services, using 
quantitative and qualitative criteria when monetary values may not 
reasonably be assigned;
    (iii) the economic effects of alternatives, including impacts on 
present net value, total receipts to the Federal Government, direct 
benefits to users that are not measured in receipts to the Federal 
Government, receipt shares to State and local governments, income, and 
employment in affected areas; and
    (iv) the monetary opportunity costs (changes in present net value) 
associated with those management standards and resource outputs in each 
alternative that were not assigned monetary values but were provided at 
specified levels, compared with the maximum present net value benchmarks 
developed in Sec. 219.12(e)(1)(iii).
    (4) The significant resource tradeoffs and opportunity costs 
associated with achieving alternative resource objectives.

[[Page 66]]

    (h) Evaluation of alternatives: Using planning criteria, the 
interdisciplinary team shall evaluate the significant physical, 
biological, economic, and social effects of each management alternative 
that is considered in detail. The evaluation shall include a comparative 
analysis of the aggregate effects of the management alternatives and 
shall compare present net value, social and economic impacts, outputs of 
goods and services, and overall protection and enhancement of 
environmental resources.
    (i) Preferred alternative recommendation. The Forest Supervisor 
shall review the interdisciplinary team's evaluation and shall recommend 
to the Regional Forester a preferred alternative to be identified in the 
draft environmental impact statement and displayed as the proposed plan.
    (j) Plan approval. The Regional Forester shall review the proposed 
plan and final environmental impact statement and either approve or 
disapprove the plan in accordance with Sec. 219.10(c). The record of 
decision for approval of a plan shall include, in addition to the 
requirements of NEPA procedures (40 CFR 1505.2), a summarized comparison 
of the selected alternative with:
    (1) Any other alternative considered which is environmentally 
preferable to the selected alternative; and
    (2) Any other alternative considered which comes nearer to 
maximizing present net value.
    (k) Monitoring and evaluation. At intervals established in the plan, 
implementation shall be evaluated on a sample basis to determine how 
well objectives have been met and how closely management standards and 
guidelines have been applied. Based upon this evaluation, the 
interdisciplinary team shall recommend to the Forest Supervisor such 
changes in management direction, revisions, or amendments to the forest 
plan as are deemed necessary. Monitoring requirements identified in the 
forest plan shall provide for--
    (1) A quantitative estimate of performance comparing outputs and 
services with those projected by the forest plan;
    (2) Documentation of the measured prescriptions and effects, 
including significant changes in productivity of the land; and
    (3) Documentation of costs associated with carrying out the planned 
management prescriptions as compared with costs estimated in the forest 
plan.
    (4) A description of the following monitoring activities:
    (i) The actions, effects, or resources to be measured, and the 
frequency of measurements;
    (ii) Expected precision and reliability of the monitoring process; 
and
    (iii) The time when evaluation will be reported.
    (5) A determination of compliance with the following standards:
    (i) Lands are adequately restocked as specified in the forest plan;
    (ii) Lands identified as not suited for timber production are 
examined at least every 10 years to determine if they have become 
suited; and that, if determined suited, such lands are returned to 
timber production;
    (iii) Maximum size limits for harvest areas are evaluated to 
determine whether such size limits should be continued; and
    (iv) Destructive insects and disease organisms do not increase to 
potentially damaging levels following management activities.



Sec. 219.13  Forest planning--resource integration requirements.

    The minimum requirements for integrating individual forest resource 
planning into the forest plan are established in Secs. 219.14 through 
219.26 of this subpart. For the purposes of meeting the requirements of 
Sec. 219.12(c), additional planning criteria may be found in the 
guidelines for managing specific resources set forth in the Forest 
Service Manual and Handbooks.



Sec. 219.14  Timber resource land suitability.

    During the forest planning process, lands which are not suited for 
timber production shall be identified in accordance with the criteria in 
paragraphs (a) through (d) of this section.
    (a) During the analysis of the management situation, data on all 
National Forest System lands within the planning area shall be reviewed, 
and

[[Page 67]]

those lands within any one of the categories described in paragraphs (a) 
(1) through (4) of this section shall be identified as not suited for 
timber production--
    (1) The land is not forest land as defined in Sec. 219.3.
    (2) Technology is not available to ensure timber production from the 
land without irreversible resource damage to soils productivity, or 
watershed conditions.
    (3) There is not reasonable assurance that such lands can be 
adequately restocked as provided in Sec. 219.27(c)(3).
    (4) The land has been withdrawn from timber production by an Act of 
Congress, the Secretary of Agriculture or the Chief of the Forest 
Service.
    (b) Forest lands other than those that have been identified as not 
suited for timber production in paragraph (a) of this section shall be 
further reviewed and assessed prior to formulation of alternatives to 
determine the costs and benefits for a range of management intensities 
for timber production. For the purpose of analysis, the planning area 
shall be stratified into categories of land with similar management 
costs and returns. The stratification should consider appropriate 
factors that influence the costs and returns such as physical and 
biological conditions of the site and transportation requirements. This 
analysis shall identify the management intensity for timber production 
for each category of land which results in the largest excess of 
discounted benefits less discounted costs and shall compare the direct 
costs of growing and harvesting trees, including capital expenditures 
required for timber production, to the anticipated receipts to the 
government, in accordance with Sec. 219.12 and paragraphs (b)(1) through 
(b)(3) of this section.
    (1) Direct benefits are expressed as expected gross receipts to the 
government. Such receipts shall be based upon expected stumpage prices 
and payments-in-kind from timber harvest considering future supply and 
demand situation for timber and upon timber production goals of the 
regional guide.
    (2) Direct costs include the anticipated investments, maintenance, 
operating, management, and planning costs attributable to timber 
production activities, including mitigation measures necessitated by the 
impacts of timber production.
    (3) In addition to long-term yield, the financial analysis must 
consider costs and returns of managing the existing timber inventory.
    (c) During formulation and evaluation of each alternative as 
required in Sec. 219.12 (f) and (g), combinations of resource management 
prescriptions shall be defined to meet management objectives for the 
various multiple uses including outdoor recreation, timber, watershed, 
range, wildlife and fish, and wilderness. The formulation and evaluation 
of each alternative shall consider the costs and benefits of alternative 
management intensities for timber production as identified pursuant to 
paragraph (b) of this section in accordance with Sec. 219.12(f). Lands 
shall be tentatively identified as not appropriate for timber production 
to meet objectives of the alternative being considered if--
    (1) Based upon a consideration of multiple-use objectives for the 
alternative, the land is proposed for resource uses that preclude timber 
production, such as wilderness;
    (2) Other management objectives for the alternative limit timber 
production activities to the point where management requirements set 
forth in Sec. 219.27 cannot be met; or
    (3) The lands are not cost-efficient, over the planning horizon, in 
meeting forest objectives, which include timber production.
    (d) Lands identified as not suited for timber production in 
paragraph (a) of this section and lands tentatively identified as not 
appropriate for timber production in paragraph (c) of this section shall 
be designated as not suited for timber production in the preferred 
alternative. Designation in the plan of lands not suited for timber 
production shall be reviewed at least every 10 years. Such lands may be 
reviewed and redesignated as suited for timber production due to changed 
conditions at any time, according to the criteria in paragraphs (a) and 
(c) of this section, and according to the procedures for amendment or 
revision of the forest plan in Sec. 219.10 (f) and (g).

[[Page 68]]



Sec. 219.15  Vegetation management practices.

    When vegetation is altered by management, the methods, timing, and 
intensity of the practices determine the level of benefits that can be 
obtained from the affected resources. The vegetation management 
practices chosen for each vegetation type and circumstance shall be 
defined in the forest plan with applicable standards and guidelines and 
the reasons for the choices. Where more than one vegetation management 
practice will be used in a vegetation type, the conditions under which 
each will be used shall be based upon thorough reviews of technical and 
scientific literature and practical experience, with appropriate 
evaluation of this knowledge for relevance to the specific vegetation 
and site conditions. On National Forest System land, the vegetation 
management practice chosen shall comply with the management requirements 
in Sec. 219.27(b).



Sec. 219.16  Timber resource sale schedule.

    In a forest plan, the selected forest management alternative 
includes a sale schedule which provides the allowable sale quantity. The 
sale schedule of each alternative, including those which depart from 
base sale schedules, shall be formulated in compliance with 
Sec. 219.12(f) and paragraphs (a) and (b) of this section.
    (a) Alternatives shall be formulated that include determinations of 
the quantity of the timber that may be sold during each decade. These 
quantity determinations shall be based on the principle of sustained 
yield and shall meet the management requirements in Sec. 219.27. For 
each alternative, the determination shall include a calculation of the 
long-term sustained-yield capacity and the base sale schedule and, when 
appropriate, a calculation of timber sale alternatives that may depart 
from the base sale schedule as provided in paragraphs (a)(1) through 
(a)(3) of this section.
    (1) For the base sale schedules, the planned sale for any future 
decade shall be equal to, or greater than, the planned sale for the 
preceding decade, provided that the planned sale is not greater than the 
long-term sustained-yield capacity consistent with the management 
objectives of the alternative.
    (2) The determinations of the appropriate long-term sustained-yield 
capacities, base sale schedules, and departure alternatives to the base 
sale schedules shall be made on the basis of the guidelines which 
follow:
    (i) For the long-term sustained-yield capacities and the base sale 
schedules, assume intensities of management and degree of timber 
utilization consistent with the goals, assumptions, and requirements 
contained in, or used in, the preparation of the current RPA Program and 
regional guide. For the base sale schedule, the management and 
utilization assumptions shall reflect the projected changes in practices 
for the four decades contained in, or used in, the preparation of the 
current RPA Program and regional guide. Beyond the fourth decade, the 
assumptions shall reflect those projected for the fourth decade of the 
current RPA Program, unless there is a basis for a different assumption;
    (ii) For alternatives with sale schedules which depart from the 
corresponding base sale schedule, assume an appropriate management 
intensity;
    (iii) In accordance with the established standards, assure that all 
even-aged stands scheduled to be harvested during the planning period 
will generally have reached the culmination of mean annual increment of 
growth. Mean annual increment shall be based on expected growth, 
according to management intensities and utilization standards assumed in 
paragraphs (a)(2) (i) and (ii) of this section and on forest type and 
site quality. Mean annual increment shall be expressed in cubic measure. 
Alternatives which incorporate exceptions to these standards shall be 
evaluated if it is reasonable to expect that overall multiple use 
objectives would be better attained. Alternatives which incorporate 
exceptions to these standards are permitted for the use of sound 
silvicultural practices, such as thinning or other stand improvement 
measures; for salvage or sanitation harvesting of timber stands which 
are substantially damaged by fire, windthrow, or other catastrophe, or 
which are in imminent danger from

[[Page 69]]

insect or disease attack; for cutting for experimental and research 
purposes; or for removing particular species of trees, after 
consideration has been given to the multiple uses of the area being 
planned and after completion of the public participation process 
applicable to the preparation of a forest plan; and
    (iv) Each sale schedule shall provide for a forest structure that 
will enable perpetual timber harvest which meets the principle of 
sustained-yield and multiple-use objectives of the alternative.
    (3) Alternatives with sale schedules which depart from the 
principles of paragraph (a)(1) of this section and which will lead to 
better attaining the overall objectives of multiple-use management shall 
be evaluated when any of the following conditions are indicated:
    (i) None of the other alternatives considered provides a sale 
schedule that achieves the assigned goals of the RPA Program as provided 
in Sec. 219.4(b);
    (ii) High mortality losses from any cause can be significantly 
reduced or prevented or forest age-class distribution can be improved, 
thereby facilitating future sustained-yield management; or
    (iii) Implementation of the corresponding base sale schedule would 
cause a substantial adverse impact upon a community in the economic area 
in which the forest is located.
    (iv) It is reasonable to expect that overall multiple-use objectives 
would otherwise be better attained.
    (b) The sale schedule of the management alternative selected in 
accordance with Sec. 219.12 provides the allowable sale quantity for the 
first plan period.



Sec. 219.17  Evaluation of roadless areas.

    (a) Unless otherwise provided by law, roadless areas within the 
National Forest System shall be evaluated and considered for 
recommendation as potential wilderness areas during the forest planning 
process, as provided in paragraphs (a) (1) and (2) of this section.
    (1) During analysis of the management situation, the following areas 
shall be subject to evaluation:
    (i) Roadless areas including those previously inventoried in the 
second roadless area review and evaluation (RARE II), in a unit plan, or 
in a forest plan, which remain essentially roadless and undeveloped, and 
which have not yet been designated as wilderness or for nowilderness 
uses by law. In addition, other essentially roadless areas may be 
subject to evaluation at the discretion of the Forest Supervisor.
    (ii) Areas contiguous to existing wilderness, primitive areas, or 
administratively proposed wildernesses, regardless of which agency has 
jurisdiction for the wilderness or proposed wilderness;
    (iii) Areas that are contiguous to roadless and undeveloped areas in 
other Federal ownership that have identified wilderness potential; and
    (iv) Areas designated by Congress for wilderness study, 
administrative proposals pending before Congress, and other legislative 
proposals pending which have been endorsed by the President.
    (2) For each area subject to evaluation under paragraph (a)(1) of 
this section, the determination of the significant resource issues, 
which in turn affect the detail and scope of evaluation required by the 
Forest Service, shall be developed with public participation. As a 
minimum, the evaluation shall include consideration of:
    (i) The values of the area as wilderness;
    (ii) The values foregone and effects on management of adjacent lands 
as a consequence of wilderness designation;
    (iii) Feasibility of management as wilderness, in respect to size, 
nonconforming use, land ownership patterns, and existing contractual 
agreements or statutory rights;
    (iv) Proximity to other designated wilderness and relative 
contribution to the National Wilderness Preservation System; and
    (v) The anticipated long-term changes in plant and animal species 
diversity, including the diversity of natural plant and animal 
communities of the forest planning area and the effects of such changes 
on the values for which wilderness areas were created.
[47 FR 43037, Sept. 30, 1982, as amended at 48 FR 40383, Sept. 7, 1983]

[[Page 70]]



Sec. 219.18  Wilderness management.

    Forest planning shall provide direction for the management of 
designated wilderness and primitive areas in accordance with the 
provisions of 36 CFR part 293. In particular, plans shall--
    (a) Provide for limiting and distributing visitor use of specific 
areas in accord with periodic estimates of the maximum levels of use 
that allow natural processes to operate freely and that do not impair 
the values for which wilderness areas were created; and
    (b) Evaluate the extent to which wildfire, insect, and disease 
control measures may be desirable for protection of either the 
wilderness or adjacent areas and provide for such measures when 
appropriate.



Sec. 219.19  Fish and wildlife resource.

    Fish and wildlife habitat shall be managed to maintain viable 
populations of existing native and desired non-native vertebrate species 
in the planning area. For planning purposes, a viable population shall 
be regarded as one which has the estimated numbers and distribution of 
reproductive individuals to insure its continued existence is well 
distributed in the planning area. In order to insure that viable 
populations will be maintained, habitat must be provided to support, at 
least, a minimum number of reproductive individuals and that habitat 
must be well distributed so that those individuals can interact with 
others in the planning area.
    (a) Each alternative shall establish objectives for the maintenance 
and improvement of habitat for management indicator species selected 
under paragraph (g)(1) of this section, to the degree consistent with 
overall multiple use objectives of the alternative. To meet this goal, 
management planning for the fish and wildlife resource shall meet the 
requirements set forth in paragraphs (a)(1) through (a)(7) of this 
section.
    (1) In order to estimate the effects of each alternative on fish and 
wildlife populations, certain vertebrate and/or invertebrate species 
present in the area shall be identified and selected as management 
indicator species and the reasons for their selection will be stated. 
These species shall be selected because their population changes are 
believed to indicate the effects of management activities. In the 
selection of management indicator species, the following categories 
shall be represented where appropriate: Endangered and threatened plant 
and animal species identified on State and Federal lists for the 
planning area; species with special habitat needs that may be influenced 
significantly by planned management programs; species commonly hunted, 
fished, or trapped; non-game species of special interest; and additional 
plant or animal species selected because their population changes are 
believed to indicate the effects of management activities on other 
species of selected major biological communities or on water quality. On 
the basis of available scientific information, the interdisciplinary 
team shall estimate the effects of changes in vegetation type, timber 
age classes, community composition, rotation age, and year-long 
suitability of habitat related to mobility of management indicator 
species. Where appropriate, measures to mitigate adverse effects shall 
be prescribed.
    (2) Planning alternatives shall be stated and evaluated in terms of 
both amount and quality of habitat and of animal population trends of 
the management indicator species.
    (3) Biologists from State fish and wildlife agencies and other 
Federal agencies shall be consulted in order to coordinate planning for 
fish and wildlife, including opportunities for the reintroduction of 
extirpated species.
    (4) Access and dispersal problems of hunting, fishing, and other 
visitor uses shall be considered.
    (5) The effects of pest and fire management on fish and wildlife 
populations shall be considered.
    (6) Population trends of the management indicator species will be 
monitored and relationships to habitat changes determined. This 
monitoring will be done in cooperation with State fish and wildlife 
agencies, to the extent practicable.
    (7) Habitat determined to be critical for threatened and endangered 
species shall be identified, and measures shall be prescribed to prevent 
the destruction or adverse modification of such habitat. Objectives 
shall be determined

[[Page 71]]

for threatened and endangered species that shall provide for, where 
possible, their removal from listing as threatened and endangered 
species through appropriate conservation measures, including the 
designation of special areas to meet the protection and management needs 
of such species.



Sec. 219.20  Grazing resource.

    In forest planning, the suitability and potential capability of 
National Forest System lands for producing forage for grazing animals 
and for providing habitat for management indicator species shall be 
determined as provided in paragraphs (a) and (b) of this section. Lands 
so identified shall be managed in accordance with direction established 
in forest plans.
    (a) Lands suitable for grazing and browsing shall be identified and 
their condition and trend shall be determined. The present and potential 
supply of forage for livestock, wild and free-roaming horses and burros, 
and the capability of these lands to produce suitable food and cover for 
selected wildlife species shall be estimated. The use of forage by 
grazing and browsing animals will be estimated. Lands in less than 
satisfactory condition shall be identified and appropriate action 
planned for their restoration.
    (b) Alternative range management prescriptions shall consider 
grazing systems and the facilities necessary to implement them; land 
treatment and vegetation manipulation practices; and evaluation of pest 
problems; possible conflict or beneficial interactions among livestock, 
wild free-roaming horses and burros and wild animal populations, and 
methods of regulating these; direction for rehabilitation of ranges in 
unsatisfactory condition; and comparative cost efficiency of the 
prescriptions.



Sec. 219.21  Recreation resource.

    To the degree consistent with needs and demands for all major 
resources, a broad spectrum of forest and rangeland related outdoor 
recreation opportunities shall be provided for in each alternative. 
Planning activities to achieve this shall be in accordance with national 
and regional direction and procedural requirements of paragraphs (a) 
through (g) of this section.
    (a) Forest planning shall identify--
    (1) The physical and biological characteristics that make land 
suitable for recreation opportunities;
    (2) The recreational preferences of user groups and the settings 
needed to provide quality recreation opportunities; and
    (3) Recreation opportunities on the National Forest System lands.
    (b) The supply of developed recreational facilities in the area of 
National Forest influence shall be appraised for adequacy to meet 
present and future demands.
    (c) Planning alternatives shall include consideration of 
establishment of physical facilities, regulation of use, and recreation 
opportunities responsive to current and anticipated user demands.
    (d) In formulation and analysis of alternatives as specified in 
Sec. 219.12 (f) and (g), interactions among recreation opportunities and 
other multiple uses shall be examined. This examination shall consider 
the impacts of the proposed recreation activities on other uses and 
values and the impacts of other uses and activities associated with them 
on recreation opportunities, activities, and quality of experience.
    (e) Formulation and evaluation of alternatives under paragraphs (c) 
and (d) of this section shall be coordinated to the extent feasible with 
present and proposed recreation activities of local and State land use 
or outdoor recreation plans, particularly the State Comprehensive 
Outdoor Recreation Plan, and recreation opportunities already present 
and available on other public and private lands, with the aim of 
reducing duplication in meeting recreation demands.
    (f) The visual resource shall be inventoried and evaluated as an 
integrated part of evaluating alternatives in the forest planning 
process, addressing both the landscape's visual attractiveness and the 
public's visual expectation. Management prescriptions for definitive 
land areas of the forest shall include visual quality objectives.
    (g) Off-road vehicle use shall be planned and implemented to protect

[[Page 72]]

land and other resources, promote public safety, and minimize conflicts 
with other uses of the National Forest System lands. Forest planning 
shall evaluate the potential effects of vehicle use off roads and, on 
the basis of the requirements of 36 CFR part 295 of this chapter, 
classify areas and trails of National Forest System lands as to whether 
or not off-road vehicle use may be permitted.



Sec. 219.22  Mineral resource.

    Mineral exploration and development in the planning area shall be 
considered in the management of renewable resources. The following shall 
be recognized to the extent practicable in forest planning:
    (a) Active mines within the area of land covered by the forest plan;
    (b) Outstanding or reserved mineral rights;
    (c) The probable occurrence of various minerals, including 
locatable, leasable, and common variety;
    (d) The potential for future mineral development and potential need 
for withdrawal of areas from development;
    (e) Access requirements for mineral exploration and development; and
    (f) The probable effect of renewable resource prescriptions and 
management direction on mineral resources and activities, including 
exploration and development.



Sec. 219.23  Water and soil resource.

    Forest planning shall provide for--
    (a) General estimates of current water uses, both consumptive and 
non-consumptive, including instream flow requirements within the area of 
land covered by the forest plan;
    (b) Identification of significant existing impoundments, 
transmission facilities, wells, and other man-made developments on the 
area of land covered by the forest plan;
    (c) Estimation of the probable occurrence of various levels of water 
volumes, including extreme events which would have a major impact on the 
planning area;
    (d) Compliance with requirements of the Clean Water Act, the Safe 
Drinking Water Act, and all substantive and procedural requirements of 
Federal, State, and local governmental bodies with respect to the 
provision of public water systems and the disposal of waste water;
    (e) Evaluation of existing or potential watershed conditions that 
will influence soil productivity, water yield, water pollution, or 
hazardous events; and
    (f) Adoption of measures, as directed in applicable Executive 
orders, to minimize risk of flood loss, to restore and preserve 
floodplain values, and to protect wetlands.



Sec. 219.24  Cultural and historic resources.

    Forest planning shall provide for the identification, protection, 
interpretation, and management of significant cultural resources on 
National Forest System lands. Planning of the resource shall be governed 
by the requirements of Federal laws pertaining to historic preservation, 
and guided by paragraphs (a)(1) through (a)(3) of this section.
    (a) Forest planning shall--
    (1) Provide an overview of known data relevant to history, 
ethnography, and prehistory of the area under consideration, including 
known cultural resource sites;
    (2) Identify areas requiring more intensive inventory;
    (3) Provide for evaluation and identification of appropriate sites 
for the National Register of Historic Places;
    (4) Provide for establishing measures for the protection of 
significant cultural resources from vandalism and other human 
depredation, and natural destruction;
    (5) Identify the need for maintenance of historic sites on, or 
eligible for inclusion in, the National Register of Historic Places; and
    (6) Identify opportunities for interpretation of cultural resources 
for the education and enjoyment of the American public.
    (b) In the formulation and analysis of alternatives, interactions 
among cultural resources and other multiple uses shall be examined. This 
examination shall consider impacts of the management of cultural 
resources on other uses and activities and impacts of other uses and 
activities on cultural resource management.

[[Page 73]]

    (c) Formulation and evaluation of alternatives shall be coordinated 
to the extent feasible with the State cultural resource plan and 
planning activities of the State Historic Preservation Office and State 
Archaeologist and with other State and Federal agencies.



Sec. 219.25  Research natural areas.

    Forest planning shall provide for the establishment of Research 
Natural Areas (RNA's). Planning shall make provision for the 
identification of examples of important forest, shrubland, grassland, 
alpine, aquatic, and geologic types that have special or unique 
characteristics of scientific interest and importance and that are 
needed to complete the national network of RNA's. Biotic, aquatic, and 
geologic types needed for the network shall be identified using a list 
provided by the Chief of the Forest Service. Authority to establish 
RNA's is delegated to the Chief at 7 CFR 2.60(a) and 36 CFR 251.23. 
Recommendations for establishment of areas shall be made to the Chief 
through the planning process.



Sec. 219.26  Diversity.

    Forest planning shall provide for diversity of plant and animal 
communities and tree species consistent with the overall multiple-use 
objectives of the planning area. Such diversity shall be considered 
throughout the planning process. Inventories shall include quantitative 
data making possible the evaluation of diversity in terms of its prior 
and present condition. For each planning alternative, the 
interdisciplinary team shall consider how diversity will be affected by 
various mixes of resource outputs and uses, including proposed 
management practices. (Refer to Sec. 219.27(g).)



Sec. 219.27  Management requirements.

    The minimum specific management requirements to be met in 
accomplishing goals and objectives for the National Forest System are 
set forth in this section. These requirements guide the development, 
analysis, approval, implementation, monitoring and evaluation of forest 
plans.
    (a) Resource protection. All management prescriptions shall--
    (1) Conserve soil and water resources and not allow significant or 
permanent impairment of the productivity of the land;
    (2) Consistent with the relative resource values involved, minimize 
serious or long-lasting hazards from flood, wind, wildfire, erosion, or 
other natural physical forces unless these are specifically excepted, as 
in wilderness;
    (3) Consistent with the relative resource values involved, prevent 
or reduce serious, long lasting hazards and damage from pest organisms, 
utilizing principles of integrated pest management. Under this approach 
all aspects of a pest-host system should be weighed to determine 
situation-specific prescriptions which may utilize a combination of 
techniques including, as appropriate, natural controls, harvesting, use 
of resistant species, maintenance of diversity, removal of damaged 
trees, and judicious use of pesticides. The basic principle in the 
choice of strategy is that, in the long term, it be ecologically 
acceptable and compatible with the forest ecosystem and the multiple use 
objectives of the plan;
    (4) Protect streams, streambanks, shorelines, lakes, wetlands, and 
other bodies of water as provided under paragraphs (d) and (e) of this 
section;
    (5) Provide for and maintain diversity of plant and animal 
communities to meet overall multiple-use objectives, as provided in 
paragraph (g) of this section;
    (6) Provide for adequate fish and wildlife habitat to maintain 
viable populations of existing native vertebrate species and provide 
that habitat for species chosen under Sec. 219.19 is maintained and 
improved to the degree consistent with multiple-use objectives 
established in the plan;
    (7) Be assessed prior to project implementation for potential 
physical, biological, aesthetic, cultural, engineering, and economic 
impacts and for consistency with multiple uses planned for the general 
area;
    (8) Include measures for preventing the destruction or adverse 
modification of critical habitat for threatened and endangered species;
    (9) Provide that existing significant transportation and utility 
corridors and other significant right-of-ways

[[Page 74]]

that are capable and likely to be needed to accommodate the facility or 
use from an additional compatible right-of-way be designated as a right-
of-way corridor. Subsequent right-of-way grants will, to the extent 
practicable, and as determined by the responsible line officer, use 
designated corridors;
    (10) Ensure that any roads constructed through contracts, permits, 
or leases are designed according to standards appropriate to the planned 
uses, considering safety, cost of transportation, and effects upon lands 
and resources;
    (11) Provide that all roads are planned and designed to re-establish 
vegetative cover on the disturbed area within a reasonable period of 
time, not to exceed 10 years after the termination of a contract, lease 
or permit, unless the road is determined necessary as a permanent 
addition to the National Forest Transportation System; and
    (12) Be consistent with maintaining air quality at a level that is 
adequate for the protection and use of National Forest System resources 
and that meets or exceeds applicable Federal, State and/or local 
standards or regulations.
    (b) Vegetative manipulation. Management prescriptions that involve 
vegetative manipulation of tree cover for any purpose shall--
    (1) Be best suited to the multiple-use goals established for the 
area with potential environmental, biological, cultural resource, 
aesthetic, engineering, and economic impacts, as stated in the regional 
guides and forest plans, being considered in this determination;
    (2) Assure that lands can be adequately restocked as provided in 
paragraph (c)(3) of this section, except where permanent openings are 
created for wildlife habitat improvement, vistas, recreation uses and 
similar practices;
    (3) Not be chosen primarily because they will give the greatest 
dollar return or the greatest output of timber, although these factors 
shall be considered;
    (4) Be chosen after considering potential effects on residual trees 
and adjacent stands;
    (5) Avoid permanent impairment of site productivity and ensure 
conservation of soil and water resources;
    (6) Provide the desired effects on water quantity and quality, 
wildlife and fish habitat, regeneration of desired tree species, forage 
production, recreation uses, aesthetic values, and other resource 
yields; and
    (7) Be practical in terms of transportation and harvesting 
requirements, and total costs of preparation, logging, and 
administration.
    (c) Silvicultural practices. The following management requirements 
apply to timber harvest and cultural treatments:
    (1) No timber harvesting shall occur on lands classified as not 
suited for timber production pursuant to Sec. 219.14 except for salvage 
sales, sales necessary to protect other multiple-use values or 
activities that meet other objectives on such lands if the forest plan 
establishes that such actions are appropriate. These lands shall 
continue to be treated for reforestation purposes if necessary to 
achieve the multiple-use objectives of the plan.
    (2) The selected sale schedule provides the allowable sale quantity 
for the first planning period. Within the planning period, the volume of 
timber to be sold in any one year may exceed the average annual 
allowable sale quantity so long as the total amount sold for the 
planning period does not exceed the allowable sale quantity. Nothing in 
this paragraph prohibits salvage or sanitation harvesting of timber 
stands which are substantially damaged by fire, windthrow, or other 
catastrophe, or which are in imminent danger of insect or disease attack 
and where such harvests are consistent with silvicultural and 
environmental standards. Such timber may either substitute for timber 
that would otherwise be sold under the plan or, if not feasible, be sold 
over and above the planned volume.
    (3) When trees are cut to achieve timber production objectives, the 
cuttings shall be made in such a way as to assure that the technology 
and knowledge exists to adequately restock the lands within 5 years 
after final harvest. Research and experience shall be the

[[Page 75]]

basis for determining whether the harvest and regeneration practices 
planned can be expected to result in adequate restocking. Adequate 
restocking means that the cut area will contain the minimum number, 
size, distribution, and species composition of regeneration as specified 
in regional silvicultural guides for each forest type. Five years after 
final harvest means 5 years after clearcutting, 5 years after final 
overstory removal in shelterwood cutting, 5 years after the seed tree 
removal cut in seed tree cutting, or 5 years after selection cutting.
    (4) Cultural treatments such as thinning, weeding, and other partial 
cutting may be included in the forest plan where they are intended to 
increase the rate of growth of remaining trees, favor commercially 
valuable tree species, favor species or age classes which are most 
valuable for wildlife, or achieve other multiple-use objectives.
    (5) Harvest levels based on intensified management practices shall 
be decreased no later than the end of each planning period if such 
practices cannot be completed substantially as planned.
    (6) Timber harvest cuts designed to regenerate an even-aged stand of 
timber shall be carried out in a manner consistent with the protection 
of soil, watershed, fish and wildlife, recreation, and aesthetic 
resources, and the regeneration of the timber resource.
    (7) Timber harvest and other silvicultural treatments shall be used 
to prevent potentially damaging population increases of forest pest 
organisms. Silvicultural treatments shall not be applied where such 
treatments would make stands susceptible to pest-caused damage levels 
inconsistent with management objectives.
    (d) Even-aged management. When openings are created in the forest by 
the application of even-aged silviculture, the following management 
requirements apply:
    (1) Openings shall be located to achieve the desired combination of 
multiple-use objectives. The blocks or strips cut shall be shaped and 
blended with the natural terrain, to the extent practicable, to achieve 
aesthetic, wildlife habitat, or other objectives established in the 
plan. Regional guides shall provide guidance on dispersion of openings 
in relation to topography, climate, geography, local land use patterns, 
forest types or other factors. As a minimum, openings in forest stands 
are no longer considered openings once a new forest is established. 
Forest plans may set forth variations to this minimum based on site-
specific requirements for achieving multiple-use objectives. Regional 
guides shall provide guidance for determining variations to this minimum 
in the forest plan, based on requirements for watershed, wildlife 
habitat, scenery or other resource protection needs, or other factors.
    (2) Individual cut blocks, patches, or strips shall conform to the 
maximum size limits for areas to be cut in one harvest operation 
established by the regional guide according to geographic areas and 
forest types. This limit may be less than, but will not exceed, 60 acres 
for the Douglas-fir forest type of California, Oregon, and Washington; 
80 acres for the southern yellow pine types of Alabama, Arkansas, 
Georgia, Florida, Louisiana, Mississippi, North Carolina, South 
Carolina, Oklahoma, and Texas; 100 acres for the hemlock-sitka spruce 
forest type of coastal Alaska; and 40 acres for all other forest types 
except as provided in paragraphs (d)(2)(i) through (iii) of this 
section:
    (i) Cut openings larger than those specified may be permitted where 
larger units will produce a more desirable combination of net public 
benefits. Such exceptions shall be provided for in regional guides. The 
following factors shall be considered in evaluating harvest cuts of 
various sizes and shapes to determine size limits by geographic areas 
and forest types: Topography; relationship of units to other natural or 
artificial openings and proximity of units; coordination and consistency 
with adjacent forests and regions; effect on water quality and quantity; 
visual absorption capability; effect on wildlife and fish habitat; 
regeneration requirements for desirable tree species based upon the 
latest research findings; transportation and harvesting system 
requirements; environmental and forest pest hazards to regeneration, 
residual trees, and surrounding stands; and the relative total costs of 
preparation

[[Page 76]]

and administration, transportation requirements, harvesting, site 
preparation, planting, stocking control, and future stand tending of 
harvest cuts of various sizes and shapes. Specification for exceptions 
shall include the particular conditions under which the larger size is 
permitted and shall set a new maximum size permitted under those 
conditions.
    (ii) Size limits exceeding those established in paragraphs (d)(2) 
and (d)(2)(i) of this section are permitted on an individual timber sale 
basis after 60 days' public notice and review by the Regional Forester.
    (iii) The established limit shall not apply to the size of areas 
harvested as a result of natural catastrophic condition such as fire, 
insect and disease attack, or windstorm.
    (e) Riparian areas. Special attention shall be given to land and 
vegetation for approximately 100 feet from the edges of all perennial 
streams, lakes, and other bodies of water. This area shall correspond to 
at least the recognizable area dominated by the riparian vegetation. No 
management practices causing detrimental changes in water temperature or 
chemical composition, blockages of water courses, or deposits of 
sediment shall be permitted within these areas which seriously and 
adversely affect water conditions or fish habitat. Topography, 
vegetation type, soil, climatic conditions, management objectives, and 
other factors shall be considered in determining what management 
practices may be performed within these areas or the constraints to be 
placed upon their performance.
    (f) Soil and water. Conservation of soil and water resources 
involves the analysis, protection, enhancement, treatment, and 
evaluation of soil and water resources and their responses under 
management and shall be guided by instructions in official technical 
handbooks. These handbooks must show specific ways to avoid or mitigate 
damage, and maintain or enhance productivity on specific sites. These 
handbooks may be regional in scope or, where feasible, specific to 
physiographic or climatic provinces.
    (g) Diversity. Management prescriptions, where appropriate and to 
the extent practicable, shall preserve and enhance the diversity of 
plant and animal communities, including endemic and desirable 
naturalized plant and animal species, so that it is at least as great as 
that which would be expected in a natural forest and the diversity of 
tree species similar to that existing in the planning area. Reductions 
in diversity of plant and animal communities and tree species from that 
which would be expected in a natural forest, or from that similar to the 
existing diversity in the planning area, may be prescribed only where 
needed to meet overall multiple-use objectives. Planned type conversion 
shall be justified by an analysis showing biological, economic, social, 
and environmental design consequences, and the relation of such 
conversions to the process of natural change.



Sec. 219.28  Research.

    (a) Research needs for management of the National Forest System 
shall be identified during planning and periodically reviewed during 
evaluation of implemented plans. Particular attention should be given to 
research needs identified during the monitoring and evaluation described 
in Sec. 219.12(k). These identified needs shall be included in 
formulating overall research programs and plans which involve private as 
well as public forest and rangelands.
    (b) Research needed to support or improve management of the National 
Forest System shall be established and budgeted at the research station 
and national levels. Priorities for this portion of the Forest Service 
Research Program shall be based upon the information gathered at all 
planning levels of the National Forest System.
    (c) An annual report shall be prepared at the national level with 
assistance from Regions and Stations which shall include, but not be 
limited to, a description of the status of major research programs which 
address National Forest System needs for Research, significant findings, 
and how this information is to be or has recently been applied.



Sec. 219.29  Transition period.

    (a) Until a forest planning area of the National Forest System is 
managed

[[Page 77]]

under a forest plan developed pursuant to this subpart and approved by 
the Regional Forester, the land may continue to be managed under 
existing land use and resource plans. As soon as practicable, existing 
plans shall be amended or revised to incorporate standards and 
guidelines in this subpart. Pending approval of a forest plan, existing 
plans may be amended or revised to include management requirements not 
inconsistent with the provisions of the RPA and these regulations.
    (b) Requirements of amendments to this subpart shall be incorporated 
in forest plans and regional guides through the ongoing planning 
process. Planning process steps already completed need not be repeated.
    (1) If, prior to the effective date of an amendment to this subpart, 
a forest plan either has been approved in final form or released in 
draft form for public review, the plan need not be modified to 
incorporate requirements of such amendment, until the next scheduled 
revision of the forest plan;
    (2) If, prior to the effective date of an amendment to this subpart, 
a regional guide either has been approved in final form or released in 
draft form for public review, the guide need not be modified to 
incorporate the requirements of such amendment, until a significant 
amendment to the guide is made for reasons other than incorporating 
requirements of amendments to this subpart.
    (c) A forest plan may become effective prior to the development and 
approval of its related regional guide, provided that the forest plan is 
reviewed upon regional guide approval, and if necessary, amended to 
comply with regional management direction. If such an amendment is 
significant, it shall be accomplished pursuant to the requirements for 
the development of a forest plan as set forth in this subpart.
    (d) As a result of the eruption of Mount St. Helens, a land 
management plan for the Mount St. Helens area shall be prepared 
substantially in accordance with the following procedures:
    (1) Notwithstanding any other provisions in this subpart, the area 
included in the Mount St. Helens land management plan will not be 
subject to planning activities for the first generation Gifford Pinchot 
National Forest Plan unless the Regional Forester for the Pacific 
Northwest Region determines that additional planning activities are 
desirable.
    (2) Lands which were inventoried as roadless and designated for 
nonwilderness uses in the Roadless Area Review and Evaluation (RARE II) 
shall be managed for uses other than wilderness. Except for a small part 
of the Mount Margaret roadless area (B 6071), the Mount St. Helens land 
management plan shall not consider wilderness designation for these 
lands.
    (3) Lands which were inventoried as roadless and designated as 
further planning in the Roadless Area Review and Evaluation (RARE II) 
shall be evaluated in the Mount St. Helens land management plan and 
shall be managed in accordance with that plan.



                          Subpart B--[Reserved]



PART 221--TIMBER MANAGEMENT PLANNING--Table of Contents




    Authority: 30 Stat. 34, 44 Stat. 242; 16 U.S.C. 475, 616.



Sec. 221.3  Disposal of national forest timber according to management plans.

    (a) Management plans for national forest timber resources shall be 
prepared and 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 national 
forest timber for the use and necessities of the citizens of the United 
States.
    (2) Be based on the principle of sustained yield, with due 
consideration to the condition of the area and the timber stands covered 
by the plan.
    (3) Provide, so far as feasible, an even flow of national forest 
timber in order to facilitate the stabilization of communities and of 
opportunities for employment.
    (4) Provide for coordination of timber production and harvesting 
with other uses of national forest land in accordance with the 
principles of multiple use management.

[[Page 78]]

    (5) Establish the allowable cutting rate which is the maximum amount 
of timber which may be cut from the national forest lands within the 
unit by years or other periods.
    (6) Be approved by the Chief, Forest Service, unless authority for 
such approval shall be delegated to subordinates by the Chief.
    (b) When necessary to promote better utilization of national forest 
timber or to facilitate protection and management of the national 
forests, a management plan may include provisions for requirements of 
purchasers for processing the timber to at least a stated degree within 
the working circle, or within a stated area, and, when appropriate, by 
machinery of a stated type; and agreements for cutting in accordance 
with the plan may so require.
[13 FR 7711, Dec. 14, 1948, as amended at 28 FR 723, Jan. 26, 1963; 34 
FR 743, Jan. 17, 1969]



PART 222--RANGE MANAGEMENT--Table of Contents




   Subpart A--Grazing and Livestock Use on the National Forest System

Sec.
222.1  Authority and definitions.
222.2  Management of the range environment.
222.3  Issuance of grazing and livestock use permits.
222.4  Changes in grazing permits.
222.6  Compensation for permittees' interest in authorized permanent 
          improvements.
222.7  Cooperation in management.
222.8  Cooperation in control of estray or unbranded livestock, animal 
          diseases, noxious farm weeds, and use of pesticides.
222.9  Range improvements.
222.10  Range betterment fund.
222.11  Grazing advisory boards.

      Subpart B--Management of Wild Free-Roaming Horses and Burros

222.20  Authority and definitions.
222.21  Administration of wild free-roaming horses and burros and their 
          environment.
222.22  Ownership claims.
222.23  Removal of other horses and burros.
222.24  Use of helicopters, fixed-wing aircraft and motor vehicles.
222.25  Protection of wild free-roaming horses and burros when they are 
          upon other than the National Forest System or public lands.
222.26  Removal of wild free-roaming horses and burros from private 
          lands.
222.27  Maintenance of wild free-roaming horses and burros on privately-
          owned lands.
222.28  Agreements.
222.29  Relocation and disposal of animals.
222.30  Disposal of carcasses.
222.31  Loss of status.
222.32  Use of non-Forest Service personnel.
222.33  Management coordination.
222.34  National Advisory Board.
222.35  Studies.
222.36  Arrest.

                         Subpart C--Grazing Fees

222.50  General procedures.
222.51  National Forests in 16 Western States.
222.52  National Grasslands.
222.53  Grazing fees in the East--noncompetitive procedures.
222.54  Grazing fees in the East--competitive bidding.

    Authority: 7 U.S.C. 1010-1012; 16 U.S.C. 551; 16 U.S.C. 572; 31 
U.S.C. 9701; 43 U.S.C. 1901; E.O. 12548, 51 FR 1986 Comp., p. 188.



   Subpart A--Grazing and Livestock Use on the National Forest System

    Authority: 92 Stat. 1803, as amended (43 U.S.C. 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 FR 56732, Oct. 28, 1977, unless otherwise noted.



Sec. 222.1  Authority and definitions.

    (a) Authority. The Chief, Forest Service, shall develop, administer 
and protect the range resources and permit and regulate the grazing use 
of all kinds and classes of livestock on all National Forest System 
lands and on other lands under Forest Service control. He may redelegate 
this authority.
    (b) Definitions. (1) An allotment is a designated area of land 
available for livestock grazing.
    (2) An allotment management plan is a document that specifies the 
program of action designated to reach a given set of objectives. It is 
prepared in consultation with the permittee(s) involved and:
    (i) Prescribes the manner in and extent to which livestock 
operations will be conducted in order to meet the multiple-use, 
sustained yield, economic, and other needs and objectives as determined 
for the lands, involved; and

[[Page 79]]

    (ii) Describes the type, location, ownership, and general 
specifications for the range improvements in place or to be installed 
and maintained on the lands to meet the livestock grazing and other 
objectives of land management; and
    (iii) Contains such other provisions relating to livestock grazing 
and other objectives as may be prescribed by the Chief, Forest Service, 
consistent with applicable law.
    (3) Base property is land and improvements owned and used by the 
permittee for a farm or ranch operation and specifically designated by 
him to qualify for a term grazing permit.
    (4) Cancel means action taken to permanently invalidate a term 
grazing permit in whole or in part.
    (5) A grazing permit is any document authorizing livestock to use 
National Forest System or other lands under Forest Service control for 
the purpose of livestock production including:
    (i) Temporary grazing permits for grazing livestock temporarily and 
without priority for reissuance.
    (ii) Term permits for up to 10 years with priority for renewal at 
the end of the term.
    (6) Land subject to commercial livestock grazing means National 
Forest System lands within established allotments.
    (7) Lands within National Forest in the 16 contiguous western States 
means lands designated as National Forest within the boundaries of 
Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, 
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, 
Washington, and Wyoming (National Grasslands are excluded).
    (8) Livestock means animals of any kind kept or raised for use or 
pleasure.
    (9) Livestock use permit means a permit issued for not to exceed one 
year where the primary use is for other than grazing livestock.
    (10) Modify means to revise the terms and conditions of an issued 
permit.
    (11) National Forest System lands, are the National Forests, 
National Grasslands, Land Utilization Projects, and other Federal lands 
for which the Forest Service has administrative jurisdiction.
    (12) On-and-off grazing permits are permits with specific provisions 
on range only part of which is National Forest System lands or other 
lands under Forest Service control.
    (13) On-the-ground expenditure means payment of direct project costs 
of implementing an improvement or development, such as survey and 
design, equipment, labor and material (or contract) costs, and on-the-
ground supervision.
    (14) Other lands under Forest Service control are non-Federal public 
and private lands over which the Forest Service has been given control 
through lease, agreement, waiver, or otherwise.
    (15) Private land grazing permits are permits issued to persons who 
control grazing lands adjacent to National Forest System lands and who 
waive exclusive grazing use of these lands to the United States for the 
full period the permit is to be issued.
    (16) Permittee means any person who has been issued a grazing 
permit.
    (17) Permitted livestock is livestock authorized by a written 
permit.
    (18) Person means any individual, partnership, corporation, 
association, organization, or other private entity, but does not include 
Government Agencies.
    (19) Range betterment means rehabilitation, protection and 
improvement of National Forest System lands to arrest range 
deterioration and improve forage conditions, fish and wildlife habitat, 
watershed protection, and livestock production.
    (20) Range betterment fund means the fund established by title IV, 
section 401(b)(1), of the Federal Land Policy and Management Act of 
1976. This consists of 50 percent of all monies received by the United 
States as fees for grazing livestock on the National Forests in the 16 
contiguous western States.
    (21) Range Improvement means any activity or program designed to 
improve production of forage and includes facilities or treatments 
constructed or installed for the purpose of improving the range resource 
or the management of livestock and includes the following types:
    (i) Non-structural which are practices and treatments undertaken to 
improve range not involving construction of improvements.

[[Page 80]]

    (ii) Structural which are improvements requiring construction or 
installation undertaken to improve the range or to facilitate management 
or to control distribution and movement of livestock.
    (A) Permanent which are range improvements installed or constructed 
and become a part of the land such as: dams, ponds, pipelines, wells, 
fences, trails, seeding, etc.
    (B) Temporary which are short-lived or portable improvements that 
can be removed such as: troughs, pumps and electric fences, including 
improvements at authorized places of habitation such as line camps.
    (22) Suspend means temporary withholding of a term grazing permit 
privilege, in whole or in part.
    (23) Term period means the period for which term permits are issued, 
the maximum of which is 10 years.
    (24) Transportation livestock is livestock used as pack and saddle 
stock for travel on the National Forest System.

(Sec. 1, 30 Stat. 35, as amended (16 U.S.C. 551); sec. 1, 33 Stat. 628 
(16 U.S.C. 472); sec. 32, 50 Stat. 525, as amended (7 U.S.C. 1011); sec. 
19, 64 Stat. 88 (16 U.S.C. 580l); Title IV, Pub. L. 94, 90 Stat. 2771 
(43 U.S.C. 1751, et seq.); 92 Stat. 1803 (43 U.S.C. 1901))

[42 FR 56732, Oct. 28, 1977, as amended at 44 FR 61345, Oct. 25, 1979]



Sec. 222.2  Management of the range environment.

    (a) Allotments will be designated on 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 
with the consent of the landowner, lessee, or agency, be considered in 
such designations to form logical range management units.
    (b) Each allotment will be analyzed and with careful and considered 
consultation and cooperation with the affected permittees, landowners, 
and grazing advisory boards involved, as well as the State having land 
within the area covered, and an allotment management plan developed. The 
plan will then be approved and implemented. The analysis and plan will 
be updated as needed.
    (c) Forage producing National Forest System lands will be managed 
for livestock grazing and the allotment management plans will be 
prepared consistent with land management plans.

(Sec. 1, 30 Stat. 35, as amended (16 U.S.C. 551); sec. 1, 33 Stat. 628 
(16 U.S.C. 472); sec. 32, 50 Stat. 525, as amended (7 U.S.C. 1011); sec. 
19, 64 Stat. 88 (16 U.S.C. 5801); Title IV, Pub. L. 94, 90 Stat. 2771 
(43 U.S.C. 1751, et seq.); 92 Stat. 1803 (43 U.S.C. 1901))

[42 FR 56732, Oct. 28, 1977, as amended at 44 FR 61346, Oct. 25, 1979; 
46 FR 42449, Aug. 21, 1981]



Sec. 222.3  Issuance of grazing and livestock use permits.

    (a) Unless otherwise specified 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 or 
livestock use permit.
    (b) Grazing permits and livestock use permits convey no right, 
title, or interest held by the United States in any lands or resources.
    (c) The Chief, Forest Service, is authorized to issue permits for 
livestock grazing and other use by livestock of the National Forest 
System and on other lands under Forest Service control as follows:
    (1) Grazing permits with priority for renewal may be issued as 
follows: On National Forests in the 16 contiguous western States 10-year 
term permits will be issued unless the land is pending disposal, or will 
be devoted to other uses prior to the end of ten years, or it will be in 
the best interest of sound land management to specify a shorter term. On 
National Forest System lands other than National Forests in the 16 
contiguous western States, the permit term shall be for periods of 10 
years or less. Term grazing permits for periods of 10 years or less in 
the form of grazing agreements may be issued to cooperative grazing 
associations or similar organizations incorporated or otherwise 
established pursuant to State law. Such an agreement will make National 
Forest System lands and improvements available to the association for 
grazing in accordance with provisions of the grazing agreement and 
Forest Service policies. Term permits authorized in

[[Page 81]]

this paragraph may be in the form of private land or on-and-off grazing 
permits where the person is qualified to hold such permits under 
provisions the Chief may require. Permits issued under this paragraph 
are subject to the following:
    (i) Except as provided for by the Chief, Forest Service, paid term 
permits will be issued to persons who own livestock to be grazed and 
such base property as may be required, provided the land is determined 
to be available for grazing purposes by the Chief, Forest Service, and 
the capacity exists to graze specified numbers of animals.
    (ii) A term permit holder has first priority for receipt of a new 
permit at the end of the term period provided he has fully complied with 
the terms and conditions of the expiring permit.
    (iii) In order to update terms and conditions, term permits may be 
cancelled at the end of the calendar year of the midyear of the decade 
(1985, 1995, etc.), provided they are reissued to the existing permit 
holder for a new term of 10 years.
    (iv) New term permits may be issued to the purchaser of a 
permittee's permitted livestock and/or base property, provided the 
permittee waives his term permit to the United States and provided the 
purchaser is otherwise eligible and qualified.
    (v) If the permittee chooses to dispose of all or part of his base 
property or permitted livestock (not under approved nonuse) but does not 
choose to waive his term permit, the Forest Supervisor will give written 
notice that he no longer is qualified to hold a permit, provided he is 
given up to one year to reestablish his qualifications before 
cancellation action is final.
    (vi) The Chief, Forest Service, shall prescribe provisions and 
requirements under which term permits will be issued, renewed, and 
administered, including:
    (A) The amount and character of base property and livestock the 
permit holder shall be required to own.
    (B) Specifying the period of the year the base property shall be 
capable of supporting permitted livestock.
    (C) Acquisition of base property and/or permitted livestock.
    (D) Conditions for the approval of nonuse of permit for specified 
periods.
    (E) Upper and special limits governing the total number of livestock 
for which a person is entitled to hold a permit.
    (F) Conditions whereby waiver of grazing privileges may be confirmed 
and new applicants recognized.
    (2) Permits with no priority for reissuance, subject to terms and 
conditions as the Chief, Forest Service, may prescribe, are authorized 
as follows:
    (i) Temporary grazing permits for periods not to exceed one year, 
and on a charge basis, may be issued:
    (A) To allow for use of range while a term grazing permit is held in 
suspension.
    (B) To use forage created by unusually favorable climatic 
conditions.
    (C) To use the forage available when the permit of the normal user's 
livestock is in nonuse status for reasons of personal convenience.
    (D) To allow a person to continue to graze livestock for the 
remainder of the grazing season where base property has been sold, the 
permit waived, and a new term permit issued.
    (E) To allow grazing use in the event of drought or other emergency 
of National or Regional scope where such use would not result in 
permanent resource damage.
    (ii) Livestock use permits for not to exceed one year may be issued 
under terms and conditions prescribed by the Chief, Forest Service, as 
follows:
    (A) Paid permits for transportation livestock to persons engaged in 
commercial packing, dude ranching, or other commercial enterprises which 
involve transportation livestock including mining, ranching, and 
logging, activities.
    (B) Paid or free permits for research purposes and administrative 
studies.
    (C) Paid or free permits to trail livestock across National Forest 
System lands.
    (D) Free permits to persons who reside on ranch or agricultural 
lands within or contiguous to National Forest System lands for not to 
exceed 10 head of livestock owned or kept and whose products are 
consumed or whose services are used directly by the family of the 
resident, and who distinctly need

[[Page 82]]

such National Forest System lands to support such animals.
    (E) Free permits to campers and travelers for the livestock actually 
used during the period of occupancy. This may be authorized without 
written permit.
    (F) Paid or free permits for horses, mules, or burros to persons who 
clearly need National Forest System land to support the management of 
permitted livestock.
    (G) Free permits for horses, mules, or burros to cooperators who 
clearly need National Forest System land to support research, 
adminstration or other work being conducted. This may be authorized 
without written permit.
    (H) Paid permits to holders of grazing permits for breeding animals 
used to service livestock permitted to graze on lands administered by 
the Forest Service.
    (I) Paid permits or cooperative agreements entered into as a 
management tool to manipulate revegation on a given parcel of land.
[42 FR 56732, Oct. 28, 1977, as amended at 43 FR 27532, June 26, 1978; 
44 FR 61345, Oct. 25, 1979; 46 FR 42449, Aug. 21, 1981]



Sec. 222.4  Changes in grazing permits.

    (a) The Chief, Forest Service, is authorized to 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 to another public purpose including disposal. In these cases, 
except in an emergency, no permit shall be cancelled without two years' 
prior notification.
    (2) Cancel the permit in the event the permittee:
    (i) Refuses to accept modification of the terms and conditions of an 
existing permit.
    (ii) Refuses or fails to comply with eligibility or qualification 
requirements.
    (iii) Waives his permit back to the United States.
    (iv) Fails to restock the allotted range after full extent of 
approved personal convenience non-use has been exhausted.
    (v) Fails to pay grazing fees within established time limits.
    (3) Cancel or suspend the permit if the permittee fails to pay 
grazing fees within established time limit.
    (4) Cancel or suspend the permit if the permittee does not comply 
with provisions and requirements in the grazing permit or the 
regulations of the Secretary of Agriculture on which the permit is 
based.
    (5) Cancel or suspend the permit if the permittee knowingly and 
willfully makes a false statement or representation in the grazing 
application or amendments thereto.
    (6) Cancel or suspend the permit if the permit holder is convicted 
for failing to comply with Federal laws or regulations or State laws 
relating to protection of air, water, soil and vegetation, fish and 
wildlife, and other environmental values when exercising the grazing use 
authorized by the permit.
    (7) Modify the terms and conditions of a permit to conform to 
current situations brought about by changes in law, regulation, 
executive order, development or revision of an allotment management 
plan, or other management needs.
    (8) Modify the seasons of use, numbers, kind, and class of livestock 
allowed or the allotment to be used under the permit, because of 
resource condition, or permittee request. One year's notice will be 
given of such modification, except in cases of emergency.
    (b) Association permits or grazing agreements may be canceled for 
noncompliance with title VI of the Civil Rights Act of 1964 and 
Department of Agriculture regulation promulgated thereunder.
[42 FR 56732, Oct. 28, 1977, as amended at 46 FR 42449, Aug. 21, 1981]



Sec. 222.6  Compensation for permittees' interest in authorized permanent improvements.

    (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 permit to another public purpose, 
including disposal, the permittee shall receive from the United States a 
reasonable compensation for the adjusted value of his

[[Page 83]]

interest in authorized permanent improvements placed or constructed by 
him on the lands covered by the canceled permit. The adjusted value is 
to be determined by the Chief, Forest Service. Compensation received 
shall not exceed the fair market value of the terminated portion of the 
permittee's interest therein.
    (b) In the event a permittee waives his grazing permit in connection 
with sale of his base property or permitted livestock, he is not 
entitled to compensation.

(Sec. 1, 30 Stat. 35, as amended (16 U.S.C. 551); sec. 1, 33 Stat. 628 
(16 U.S.C. 472); sec. 32, 50 Stat. 525, as amended (7 U.S.C. 1011); sec. 
19, 64 Stat. 88 (16 U.S.C. 5801); Title IV, Pub. L. 94, 90 Stat. 2771 
(43 U.S.C. 1751, et seq.); 92 Stat. 1803 (43 U.S.C. 1901))

[42 FR 56732, Oct. 28, 1977, as amended at 44 FR 61345, Oct. 25, 1979]



Sec. 222.7  Cooperation in management.

    (a) Cooperation with local livestock associations--(1) Authority. 
The Chief, Forest Service, is authorized to recognize, cooperate with, 
and assist local livestock associations in the management of the 
livestock and range resources on a single range allotment, associated 
groups of allotments, or other association-controlled lands on which the 
members' livestock are permitted to graze.
    (2) Purposes. These associations will provide the means for the 
members to:
    (i) Manage their permitted livestock and the range resources.
    (ii) Meet jointly with Forest officers to discuss and formulate 
programs for management of their livestock and the range resources.
    (iii) Express their wishes through their designated officers or 
committees.
    (iv) Share costs for handling of livestock, construction and 
maintenance of range improvements or other accepted programs deemed 
needed for proper management of the permitted livestock and range 
resources.
    (v) Formulate association special rules needed to ensure proper 
resource management.
    (3) Requirements for recognition. The requirements for receiving 
recognition by the Forest Supervisor are:
    (i) The members of the association must constitute a majority of the 
grazing permittees on the range allotment or allotments involved.
    (ii) The officers of the association must be elected by a majority 
of the association members or of a quorum as specified by the 
association's constitution and bylaws.
    (iii) The officers other than the Secretary and Treasurer must be 
grazing permittees on the range allotment or allotments involved.
    (iv) The association's activities must be governed by a constitution 
and bylaws acceptable to the Forest Supervisor and approved by him.
    (4) Withdrawing recognition. The Forest Supervisor may withdraw his 
recognition of the association whenever:
    (i) The majority of the grazing permittees request that the 
association be dissolved.
    (ii) The association becomes inactive, and does not meet in annual 
or special meetings during a consecutive 2-year period.
    (b) Cooperation with national, State, and county livestock 
organizations. The policies and programs of national, State, and county 
livestock organizations give direction to, and reflect in, the practices 
of their members. Good working relationships with these groups is 
conducive to the betterment of range management on both public and 
private lands. The Chief, Forest Service, will endeavor to establish and 
maintain close working relationships with National livestock 
organizations who have an interest in the administration of National 
Forest System lands, and direct Forest officers to work cooperatively 
with State and county livestock organizations having similar interests.
    (c) Interagency cooperation. The Chief, Forest Service, will 
cooperate with other Federal agencies which have interest in improving 
range management on public and private lands.
    (d) Cooperation with others. The Chief, Forest Service, will 
cooperate with other agencies, institutions, organizations, and 
individuals who have interest in improvement of range management on 
public and private lands.

[[Page 84]]



Sec. 222.8  Cooperation in control of estray or unbranded livestock, animal diseases, noxious farm 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 graze 
thereupon, the Chief, Forest Service, will cooperate with:
    (1) State, county, and Federal agencies in the application and 
enforcement of all laws and regulations relating to livestock diseases, 
sanitation and noxious farm weeds.
    (2) The Animal and Plant Health Inspection Service and other Federal 
or State agencies and institutions in surveillance of pesticides spray 
programs; and
    (3) State cattle and sheep sanitary or brand boards in control of 
estray and unbranded livestock to the extent it does not conflict with 
the Wild Free-Roaming Horse and Burro Act of December 15, 1971.
    (b) The Chief, Forest Service, will cooperate with county or other 
local weed control districts in analyzing noxious farm weed problems and 
developing control programs in areas of which the National Forests and 
National Grasslands are a part.

(85 Stat. 649 (16 U.S.C. 1331-1340))



Sec. 222.9  Range improvements.

    (a) The Chief, Forest Service, is authorized to install and maintain 
structural and nonstructural range improvements needed to manage the 
range resource on National Forest System lands and other lands 
controlled by the Forest Service.
    (b) Such improvements may be constructed or installed and 
maintained, or work performed by individuals, organizations or agencies 
other than the Forest Service subject to the following:
    (1) All improvements must be authorized by cooperative agreement or 
memorandum of understanding, the provisions of which become a part of 
the grazing permit(s).
    (2) Title to permanent structural range improvements shall rest in 
the United States.
    (3) Title to temporary structural range improvements may be retained 
by the Cooperator where no part of the cost for the improvement is borne 
by the United States.
    (4) Title to nonstructural range improvements shall vest in the 
United States.
    (5) Range improvement work performed by a cooperator or permittee on 
National Forest System lands shall not confer the exclusive right to use 
the improvement or the land influenced.
    (c) A user of the range resource on National Forest System lands and 
other lands under Forest Service control may be required by the Chief, 
Forest Service, to maintain improvements to specified standards.
    (d) Grazing fees or the number of animal months charged shall not be 
adjusted to compensate permittees for range improvement work performed 
on National Forest System lands: Provided, That, in accordance with 
section 32(c), title III, Bankhead-Jones Farm Tenant Act, the cost to 
grazing users in complying with requirements of a grazing permit or 
agreement may be considered in determining the annual grazing fee on 
National Grasslands or land utilization projects if it has not been used 
in establishing the grazing base value.



Sec. 222.10  Range betterment fund.

    In addition to range development which is accomplished through funds 
from the rangeland management budget line item and the Granger-Thye Act, 
and deposited and nondeposited cooperative funds, range development may 
also be accomplished through use of the range betterment fund as 
follows:
    (a) On National Forest land within the 16 contiguous western States, 
the Chief, Forest Service, shall implement range improvement programs 
where necessary to arrest range deterioration and improve forage 
conditions with resulting benefits to wildlife, watershed protection, 
and livestock production. One-half of the available funds will be 
expended on the National Forest where derived. The remaining one-half of 
the fund will be allocated for range rehabilitation, protection and 
improvements on National Forest lands within the Forest Service Regions 
where they were derived. During the planning process there will be 
consultation with

[[Page 85]]

grazing permittees who will be affected by the range rehabilitation, 
protection and improvements, and other interested persons or 
organizations.
    (b) Range betterment funds shall be utilized only for on-the-ground 
expenditure for range land betterment, including, but not limited to, 
seeding and reseeding, fence construction, water development, weed and 
other plant control, and fish and wildlife habitat enhancement within 
allotments.

(Sec. 1, 30 Stat. 35, as amended (16 U.S.C. 551); sec. 1, 33 Stat. 628 
(16 U.S.C. 472); sec. 32, 50 Stat. 525, as amended (7 U.S.C. 1011); sec. 
19, 64 Stat. 88 (16 U.S.C. 5801); Title IV, Pub. L. 94, 90 Stat. 2771 
(43 U.S.C. 1751, et seq.); 92 Stat. 1803 (43 U.S.C. 1901))

[42 FR 56732, Oct. 28, 1977, as amended at 44 FR 61345, Oct. 25, 1979]



Sec. 222.11  Grazing advisory boards.

    (a) Establishment. Persons holding term permits 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 land subject to commercial livestock grazing may petition the 
Forest Supervisor for establishment of a statutory grazing advisory 
board in accordance with provisions of the Federal Land Policy and 
Management Act of 1976.
    (1) Upon being properly petitioned by a simple majority (more than 
50 percent) of term grazing permittees under the jurisdiction of such 
headquarters office, the Secretary shall establish and maintain at least 
one grazing advisory board.
    (2) The Chief, Forest Service, shall determine the number of such 
boards, the area to be covered, and the number of advisers on each 
board.
    (3) Processing Petitions. Upon receiving a proper petition from the 
grazing permittees, the Forest Supervisor will request the Chief, Forest 
Service, through the Regional Forester, to initiate action to establish 
grazing advisory boards in accordance with regulations of the Secretary 
of Agriculture. Grazing advisory boards will comply with the provisions 
of the Federal Advisory Committee Act.
    (b) Membership. Grazing advisory boards established under this 
authority shall consist of members who are National Forest System term 
permittees under the jurisdiction of a National Forest headquarters 
office in the 16 contiguous western States, provided board members shall 
be elected by term grazing permittees in the area covered by the board.
    (c) Elections. The Forest Supervisor of the headquarters office 
shall prescribe and oversee the manner in which permittees are nominated 
and board members are elected. Nominations will be made by petition with 
all term grazing permittees under the jurisdiction of such headquarters 
office being eligible for membership on the board. All members of the 
board will be elected by secret ballot with each term grazing permittee 
in the area covered by the board being qualified to vote. No person 
shall be denied the opportunity to serve as a grazing advisory board 
member because of race, color, sex, religion, or national origin. No 
board member shall concurrently serve on another USDA advisory 
committee. The Forest Supervisor shall determine and announce the 
results of the election of the members of the board and shall recognize 
the duly elected board as representing National Forest System term 
grazing permittees in the areas for which it is established. Board 
members will be elected to terms not to exceed 2 years.
    (d) Charter and bylaws. (1) The Forest Supervisor will prepare a 
charter to be filed with the Department and the Congress as required by 
Section 9(c) of the Federal Advisory Committee Act.
    (2) A duly recognized grazing advisory board may, with the 
concurrence of a majority of its members and the Forest Supervisor, 
adopt bylaws to govern its proceedings.
    (e) Function. The function of grazing advisory boards will be to 
offer advice and make recommendations concerning the development of 
allotment management plans and the utilization of range betterment 
funds.
    (f) Meetings. The Forest Supervisor shall call at least one meeting 
of each board annually, and call additional meetings as needed to meet 
the needs of the permittees and the Forest Service. Each meeting shall 
be conducted in accordance with an agenda approved by the Forest 
Supervisor and in the presence of a Forest officer.

[[Page 86]]

    (g) Termination. (1) Grazing advisory boards established under the 
Federal Land Policy and Management Act of 1976 shall continue until 
December 31, 1985, unless terminated earlier.
    (2) The Forest Supervisor may withdraw recognition of any board 
whenever:
    (i) A majority of the term grazing permittees for the area which the 
board represents requests that the board be dissolved.
    (ii) The board becomes inactive and does not meet at least once each 
calendar year.

(86 Stat. 770 (5 U.S.C., App. 1); sec. 1, 30 Stat. 35, as amended (16 
U.S.C. 551); sec. 1, 33 Stat. 628 (16 U.S.C. 472); sec. 32, 50 Stat. 
525, as amended (7 U.S.C. 1011); sec. 19, 64 Stat. 88 (16 U.S.C. 5801); 
Title IV, Pub. L. 94, 90 Stat. 2771 (43 U.S.C. 1751, et seq.); 92 Stat. 
1803 (43 U.S.C. 1901))

[42 FR 56732, Oct. 28, 1977, as amended at 43 FR 27532, June 26, 1978; 
44 FR 61345, Oct. 25, 1979]



      Subpart B--Management of Wild Free-Roaming Horses and Burros

    Authority: 85 Stat. 649, as amended (16 U.S.C. 1331-1340); 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 24135, Apr. 9, 1980, unless otherwise noted.



Sec. 222.20  Authority and definitions.

    (a) Authority. The Chief, Forest Service, shall protect, manage, and 
control wild free-roaming horses and burros on lands of the National 
Forest System and shall maintain vigilance for the welfare of wild free-
roaming horses and burros that wander or migrate from the National 
Forest System. If these animals also use lands administered by the 
Bureau of Land Management as a part of their habitat, the Chief, Forest 
Service, shall cooperate to the fullest extent with the Department of 
the Interior through the Bureau of Land Management in administering the 
animals.
    (b) Definitions.
    (1) Act means the Act of December 15, 1971 (85 Stat. 649, as 
amended, 16 U.S.C. 1331-1340).
    (2) Captured animal means a wild free-roaming horse or burro taken 
and held in the custody of an authorized officer, his delegate, or 
agent. This term does not apply to an animal after it is placed in 
private custody through a Private Maintenance and Care agreement.
    (3) Excess animals means wild free-roaming horses and burros which 
have been removed by authorized personnel pursuant to applicable law or 
which must be removed from an area in order to preserve and maintain a 
thriving natural ecological balance in coordination with other resources 
and activities.
    (4) Herd means one or more stallions and their mares, or jacks and 
their jennies.
    (5) Humane treatment means kind and merciful treatment, without 
causing unnecessary stress or suffering to the animal.
    (6) Inhumane treatment means causing physical stress to an animal 
through any harmful action or omission that is not compatible with 
standard animal husbandry practices; causing or allowing an animal to 
suffer from a lack of necessary food, water, or shelter; using any 
equipment, apparatus, or technique during transportation, domestication, 
or handling that causes undue injury to an animal; or failing to treat 
or care for a sick or injured animal.
    (7) Lame means a wild free-roaming horse or burro with 
malfunctioning muscles, ligaments or limbs that impair freedom of 
movement.
    (8) Malicious harassment means any intentional act demonstrating 
deliberate disregard for the well-being of wild free-roaming horses and 
burros and which creates a likelihood of injury or is detrimental to 
normal behavior pattern of wild free-roaming horses or burros including 
feeding, watering, resting, and breeding. Such acts include, but are not 
limited to, unauthorized chasing, pursuing, herding, roping, or 
attempting to gather wild free-roaming horses or burros. It does not 
apply to activities conducted by or on behalf of the Forest Service or 
the Bureau of Land Management in implementation or performance of duties 
and responsibilities under the Act.

[[Page 87]]

    (9) National Advisory Board means the Advisory Board as established 
jointly by the Secretary of Agriculture and the Secretary of the 
Interior under the provisions of the Act.
    (10) National Forest System includes the National Forests, National 
Grasslands, and other Federal lands for which the Forest Service has 
administrative jurisdiction.
    (11) Old means a wild free-roaming horse or burro characterized by 
inability to fend for itself because of age, physical deterioration, 
suffering or closeness to death.
    (12) Sick means a wild free-roaming horse or burro with failing 
health, infirmness, or disease from which there is little chance of 
recovery.
    (13) Wild free-roaming horses and burros mean all unbranded and 
unclaimed horses and burros and their progeny that have used lands of 
the National Forest System on or after December 15, 1971, or do 
hereafter use these lands as all or part of their habitat, but does not 
include any horse or burro introduced onto the National Forest System on 
or after December 15, 1971, by accident, negligence, or willful 
disregard of private ownership. Unbranded, claimed horses and burros for 
which the claim is found to be erroneous, are also considered as wild 
and free-roaming if they meet the criteria above.
    (14) Wild-horse and burro range means an area of National Forest 
System specifically so designated by the Chief, Forest Service, from 
wild horse and burro territory, for the purpose of sustaining an 
existing herd or herds of wild free-roaming horses and burros, provided 
the range does not exceed known territorial limits and is devoted 
principally, but not necessarily exclusively, to the welfare of the wild 
horses and burros, in keeping with the multiple-use management concept 
for the National Forest System.
    (15) Wild horse and burro territory means lands of the National 
Forest System which are identified by the Chief, Forest Service, as 
lands which were territorial habitat of wild free-roaming horses and/or 
burros at the time of the passage of the Act.



Sec. 222.21  Administration of wild free-roaming horses and burros and their environment.

    (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 occur (wild 
horse and burro territory) to maintain a thriving ecological balance 
considering them an integral component of the multiple use resources, 
and regulating their population and accompanying need for forage and 
habitat in correlation with uses recognized under the Multiple-Use 
Sustained Yield Act of 1960 (70 Stat. 215; 16 U.S.C. 528-531);
    (2) Provide direct administration for the welfare of wild free-
roaming horses and burros that are located on the National Forest System 
by use of the Forest Service organization rather than by the granting of 
leases and permits for maintenance of these animals to individuals and 
organizations;
    (3) Establish wild horse and burro territories in accordance with 
the Act and continue recognition of such territories where it is 
determined that horses and/or burros will be recognized as part of the 
natural system, and designate areas within these territories as a 
specific wild horse and burro range in those situations where he 
determines such designation as especially fitting to meet the purposes 
of the Act and the Multiple Use Sustained-Yield Act, after consultation 
with the appropriate State agencies where such range is proposed and 
with the National Advisory Board;
    (4) Analyze each wild horse or burro territory and, based on the 
analysis, develop and implement a management plan, which analysis and 
plans will be updated, whenever needed, as determined by conditions on 
each territory;
    (5) Maintain a current inventory of wild free-roaming horses and 
burros on each territory to determine whether and where excess animals 
exists;
    (6) Based on paragraphs (a) (4) and (5) of this section, determine 
appropriate management levels, whether action should be taken to remove 
excess animals and what actions are appropriate to achieve the removal 
or destruction of excess animals; and

[[Page 88]]

    (7) In making determinations cited in this section, the authorized 
officer shall consult with the U.S. Fish and Wildlife Service, wildlife 
agencies in the State, individuals and organizations independent of 
Federal or State Government recommended by the National Academy of 
Sciences, and any other individual or organizations determined to have 
scientific expertise or special knowledge of wild horse and burro 
protection, wildlife management and animal husbandry as related to range 
management.



Sec. 222.22  Ownership claims.

    (a) Any person claiming ownership under State branding and 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 must present evidence of ownership to justify 
a roundup before permission will be granted to gather such animals. 
Claims of ownership with supporting evidence were required to be filed 
during a claiming period which expired November 15, 1973. Unauthorized 
privately owned horses or burros entering the National Forest System 
after November 15, 1973, which become intermingled with wild horses or 
burros, may be claimed by filing an application with the District 
Ranger. All authorizations to gather claimed animals shall be in writing 
in accordance with instructions as the Chief, Forest Service, may 
prescribe. After such public notice as an authorized officer deems 
appropriate to inform interested parties, gathering operations may be 
authorized. The authorization shall provide that the gathering or 
roundup be consistent with regulations, and will (1) establish a 
specific reasonable period of time to allow the gathering of claimed 
animals and (2) stipulate other conditions, including visual observation 
by Forest Service personnel deemed necessary to ensure humane treatment 
of associated wild free-roaming horses and burros and to protect other 
resources involved.
    (b) Prior to removal of claimed animals which have been captured 
from the National Forest System, claimants shall substantiate their 
claim of ownership in accordance with whatever criteria are 
cooperatively agreed to between the Forest Service and the State agency 
administering the State estray laws. In the absence of an agreement, 
ownership claims shall be substantiated in accordance with State law and 
subject to approval of the Forest Service.



Sec. 222.23  Removal of other horses and burros.

    Horses and burros not within the definition in 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 private ownership, and which do not become intermingled with wild 
free-roaming horses or burros shall be considered as unauthorized 
livestock and treated in accordance with provisions in 36 CFR 261.7 and 
262.10.
[61 FR 35959, July 9, 1996]



Sec. 222.24  Use of helicopters, fixed-wing aircraft and motor vehicles.

    The Chief, Forest 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 provided by the 
following paragraphs:
    (a) Prior to using helicopters in capture operations and/or using 
motor vehicles for the purpose of transporting captured animals, a 
public meeting will be held in the proximity of the territory where the 
capture operation is proposed.
    (b) Helicopters may be used in all phases of the administration of 
the Act including, but not limited to, inventory, observation, 
surveillance, and capture operations. In capture operations, helicopters 
may be used to locate the animals involved to assist ground crews in 
moving the animals and for related purposes, such as, to transport 
personnel and equipment. The condition of the animals shall be 
continuously observed by the authorized officer and, should signs of 
harmful stress be noted, the source of stress shall be removed so as to 
allow recovery. Helicopters may be used in round- ups or other capture 
operations subject to the following procedures.

[[Page 89]]

    (1) Helicopters shall be used in such a manner that bands or herds 
will tend to remain together.
    (2) Horses or burros will not be moved at a rate which exceeds 
limitations set by the authorized officer who shall consider terrain, 
weather, distance to be traveled, and condition of the animals.
    (3) Helicopters shall be used to observe the presence of dangerous 
areas and may be used to move animals away from hazards during capture 
operations.
    (4) During capture operations, animals shall be moved in such a way 
as to prevent harmful stress or injury.
    (5) The authorized officer shall supervise all helicopter uses as 
follows:
    (i) Have means to communicate with the pilot and be able to direct 
the use of the helicopter; and
    (ii) Be able to observe effects of the use of the helicopters on the 
well-being of the animals.
    (c) Fixed-wing aircraft may be used for inventory, observation, and 
surveillance purposes necessary in administering the Act. Such use shall 
be consistent with the Act of September 8, 1959, as amended (18 U.S.C. 
41 et seq.). Fixed-wing aircraft shall not be used in connection with 
capture operations except as support vehicles.
    (d) Motor vehicles may be used in the administration of the Act 
except that such vehicles shall not be used for driving or chasing wild 
horses or burros in capture operations. Motor vehicles may also be used 
for the purpose of transporting captured animals subject to the 
following humane procedures.
    (1) Such transportation shall comply with appropriate State and 
Federal laws and regulations applicable to humane transportation of 
horses and burros.
    (2) Vehicles shall be inspected by an authorized officer prior to 
use to ensure vehicles are in good repair and of adequate rate capacity.
    (3) Vehicles shall be carefully operated to ensure that captured 
animals are transported without undue risk or injury.
    (4) Where necessary and practical, animals shall be sorted as to 
age, temperament, sex, size, and condition so as to limit, to the extent 
possible, injury due to fighting and trampling.
    (5) The authorizing officer shall consider the condition of the 
animals, weather conditions, type of vehicle, and distance to be 
traveled when planning for transportation of captured animals.
    (6) Unless otherwise approved by the authorized officer, the 
transportation of wild free-roaming horses and burros shall be limited 
in sequence, to a maximum of 24 hours in transit followed by a minimum 
of 5 hours of on-the-ground rest with adequate feed and water.



Sec. 222.25  Protection of wild free-roaming horses and burros when they are upon other than the 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, even though 
they may thereafter move to lands of other ownership or jurisdiction as 
a part of their annual territorial habitat pattern or for other reasons. 
The Chief will exercise surveillance of these animals through the use of 
cooperative agreements and as otherwise authorized by law and act 
immediately through appropriate administrative or criminal and civil 
judicial procedures to provide them the protective measures of the Act 
at any time he has cause to believe its provisions are being violated.



Sec. 222.26  Removal of wild free-roaming horses and burros from private lands.

    Owners of 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 Service or Federal 
Marshall.



Sec. 222.27  Maintenance of wild free-roaming horses and burros on privately-owned lands.

    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 nearest office of the Forest Service 
in a timely fashion and providing such information on a continuing basis 
as the Chief, Forest Service, may require. Such owners

[[Page 90]]

shall protect the wild free-roaming horses and burros on their lands. 
They may not, in so maintaining these animals, impede their return to 
National Forest System lands unless authorized by agreement with the 
Forest Service.



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.



Sec. 222.29  Relocation and disposal of animals.

    (a) The Chief, Forest Service, shall, when 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 territory. Such action shall be taken until all excess 
animals have been removed so as to restore a thriving natural ecological 
balance to the range, and protect the range from deterioration 
associated with over-population.
    (b) No person except an authorized Forest Service officer or his 
agent shall destroy, remove, or relocate any wild free-roaming horse or 
burro located on the National Forest System.
    (c) Wild horses and burros shall be relocated or removed in the 
following order of priority:
    (1) In the most humane manner possible, sick, lame, or old animals 
shall be destroyed;
    (2) Relocate animals to other National Forest System lands which 
were identified as 1971 wild horse or burro territory, providing 
suitable habitat exists and relocation of animals will not jeopardize 
vegetation condition;
    (3) Relocate animals to other federally-owned lands which were 
identified as 1971 wild horse or burro occupied lands, providing 
suitable habitat exists and relocation of animals will not jeopardize 
vegetation condition and animals are requested by the appropriate land 
manager having jurisdiction;
    (4) Place animals under private maintenance and care agreements 
where there is an adoption demand by qualified individuals, groups, or 
Government agency, and for which there is assurance of humane treatment 
and care, provided not more than four animals are placed under private 
maintenance and care agreements per year to any individual, 
organization, or government agency unless there is a determination 
expressed otherwise in writing, by an authorized Forest Service Officer; 
and
    (5) Excess animals, for which an adoption demand by qualified 
applicants does not exist, shall be destroyed in the most humane manner 
possible, and if several methods are equally humane, select the most 
cost efficient.
    (d) Where excess animals have been placed under private maintenance 
and care agreements after December 15, 1971, as provided for in 
paragraph (c)(4) of this section, and animals have been provided humane 
conditions, treatment, and care, for a period of one year, the Chief, 
Forest Service, may grant title to not more than four animals per year 
to each individual, organization, or government agency.
    (e) The applicants must make written application for title and/or 
adoption, must be of legal age in the State in which they reside, and 
must pay fees for adoption and transportation as follows:
    (1) The application must be accompanied by a nonrefundable advance 
payment of $25 by guaranteed remittance. If custody of a wild, free-
roaming horse or burro is granted by the authorized Forest Service 
officer, the advance payment shall be applied against the adoption fee 
required to be paid at the time the maintenance and care agreement 
Sec. 222.29(c)(4) is executed.
    (2) The Forest Service shall charge an adoption fee of $125 for each 
horse and $75 for each burro, except that there shall be no adoption fee 
for an unweaned offspring under 6 months of age accompanying its mother.
    (3) Any transportation costs incurred for the transportation of the 
animal(s) to the point of pickup must be paid before an approved 
individual, group, or government agency takes custody of the animal(s).
    (f) Humane conditions, treatment, and care must have been provided 
for no less that one year preceding the filing of the application for 
title. The conveyance of title shall include a

[[Page 91]]

written statement by an authorized officer attesting that the animal is 
in good condition.
[45 FR 24135, Apr. 9, 1980, as amended at 46 FR 42450, Aug. 21, 1981; 48 
FR 25188, June 6, 1983]



Sec. 222.30  Disposal of carcasses.

    Carcasses of animals that have lost their status as wild free-
roaming horses or burros may be disposed of in any customary manner 
acceptable under applicable State sanitary statutes including disposal 
through a rendering plant.



Sec. 222.31  Loss of status.

    Wild free-roaming horses and burros or their remains shall lose 
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 care pursuant to 
Sec. 222.29(c)(4) and die of natural causes before passage of title;
    (c) Upon destruction by an authorized Forest officer pursuant to 
Sec. 222.29(c)(5).
    (d) Upon death by natural causes or accident on the National Forest 
System or on private lands where maintained thereon pursuant to 
Sec. 222.27 and disposal is authorized by a Forest officer; and
    (e) Upon destruction or death for purposes of or incident to the 
program authorized in Sec. 222.20(a).



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.



Sec. 222.33  Management coordination.

    All management activities by the Chief, Forest Service, 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 shall also be sought in administering wild free-
roaming horses and burros. The advice and suggestions of agencies, 
qualified scientists, and other qualified interest groups shall be made 
available to the National Advisory Board for their use and 
consideration. Actions taken in connection with private ownership claims 
shall be coordinated to the fullest extent possible with the State 
agency responsible for livestock estray law administration.



Sec. 222.34  National Advisory Board.

    The Chief, Forest Service, shall appoint a representative to 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 the Department of the Interior and the Department of Agriculture 
and the Joint Charter issued by the Secretary of the Interior and the 
Secretary of Agriculture. Policies and guidelines relative to proposals 
for the establishment of ranges, adjustments in number, relocation and 
disposal of animals, and other matters relating generally to the 
protection, management, and control of wild free-roaming horses and 
burros shall be presented to the National Advisory Board for 
recommendations.



Sec. 222.35  Studies.

    The Chief, Forest Service, is authorized and directed to undertake 
those 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 the State(s) involved and the National 
Academy of Sciences.



Sec. 222.36  Arrest.

    Any employee designated by the Chief, Forest Service, shall have the 
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 before an officer or court of 
competent jurisdiction. Any employee so designated shall have power to 
execute any warrant or other process issued by an officer or court of 
competent jurisdiction to enforce the provisions of the Act.

[[Page 92]]



                         Subpart C--Grazing Fees

    Authority: 16 U.S.C. 551; 31 U.S.C. 483A; 43 U.S.C. 1901; E.O. 
12548, 51 FR 1986 Comp., p. 188.



Sec. 222.50  General procedures.

    (a) Fees shall be charged for all livestock grazing or livestock use 
of National Forest system lands, or other lands under Forest Service 
control. An exception is livestock authorized free of charge under 
provisions of Sec. 222.3(c)(2)(ii) (B) through (G).
    (b) Guiding establishment of fees are the law and general 
governmental policy as established by Bureau of the Budget (now, Office 
of Management and Budget) Circular A-25 of September 23, 1959, which 
directs that a fair market value be obtained for all services and 
resources provided the public through establishment of a system of 
reasonable fee charges, and that the users be afford equitable 
treatment. This policy precludes a monetary consideration in the fee 
structure for any permit value that may be capitalized into the permit 
holder's private ranching operation.
    (c) A grazing fee shall be charged for each head month of livestock 
grazing or use. A head month is a month's use and occupancy of range by 
one animal, except for sheep or goats. A full head month's fee is 
charged for a month of grazing by adult animals; if the grazing animal 
is weaned or 6 months of age or older at the time of entering National 
Forest System lands; or will become 12 months of age during the 
permitted period of use. For fee purposes 5 sheep or goats, weaned or 
adult, are equivalent to one cow, bull, steer, heifer, horse, or mule.
    (d) No additional charge will be made for the privilege of lambing 
upon National Forest System lands, or other lands under Forest Service 
control.
    (e) Transportation livestock may be charged for at a special rate, 
and at a minimum established for such use. Fees for horses, mules, or 
burros associated with management of permitted livestock on an 
allotment, or for research purposes and administrative studies, and 
authorized on a charge basis, are determined under provisions of 
paragraph (b) of this section.
    (f) The fees for trailing livestock across National Forest System 
lands will conform with the rates established for other livestock. Where 
practicable, fees for trailing permitted livestock will be covered in 
the regular grazing fee and the crossing period covered in the regular 
grazing period.
    (g) All fees for livestock grazing or livestock use of National 
Forest System lands or other lands under Forest Service control are 
payable in advance of the opening date of the grazing period, entry, or 
livestock use unless otherwise authorized by the Chief, Forest Service.
    (h) Unauthorized grazing use rate will be determined by establishing 
a base value without giving consideration for those contributions 
normally made by the permittee under terms of the grazing permit. The 
base will be adjusted annually by the same indexes used to adjust the 
regular fee. This rate will also apply to excess number of livestock 
grazing by permittees; to livestock grazed outside the permitted grazing 
season; or to livestock grazed under an unvalidated permit.
    (i) Refunds or credits may be allowed under justifiable conditions 
and circumstances as the Chief, Forest Service, may specify.
    (j) The fee year for the purpose of charging grazing fees will be 
March 1 through the following February.
    (k) The data year for the purpose of collecting beef cattle price 
data for computing indexes will be November 1 through the following 
October and apply to the following fee year.
[44 FR 24843, Apr. 27, 1979, as amended at 46 FR 42450, Aug. 21, 1981; 
53 FR 2984, Feb. 2, 1988]



Sec. 222.51  National Forests in 16 Western States.

    (a) Grazing fees are established on lands designated National 
Forests and Land Utilization Projects in the 16 contiguous Western 
States of Arizona, California, Colorado, Idaho, Kansas, Montana, 
Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South 
Dakota, Utah, Washington, and Wyoming. (National Grasslands are 
excluded, see Sec. 222.52.)
    (b) Notwithstanding the provisions of Sec. 222.50, paragraph (b), 
the calculated

[[Page 93]]

grazing fee for 1988 and subsequent grazing fee years represents the 
economic value of the use of the land to the user and is the product of 
multiplying the base fair market value of $1.23 by the result of the 
annual Forage Value Index, added to the sum of the Beef Cattle Price 
Index minus the Prices Paid Index and divided by 100; provided, that the 
annual increase or decrease in such fee for any given year shall be 
limited to not more than plus or minus 25 percent of the previous year's 
fee, and provided further, that the fee shall not be less than $1.35 per 
head per month. The indexes used in this formula are as follows:
    (1) Forage Value Index means the weighted average estimate of the 
annual rental charge per head per month for pasturing cattle on private 
rangelands in the 11 Western States (Arizona, California, Colorado, 
Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and 
Wyoming) (computed by the National Agricultural Statistics Service) from 
the June Enumerative Survey) divided by $3.65 per head month and 
multiplied by 100;
    (2) Beef Cattle Price Index means the weighted average annual 
selling price for beef cattle (excluding calves) in the 11 Western 
States (Arizona, California, Colorado, Idaho, Montana, New Mexico, 
Nevada, Oregon, Utah, Washington, and Wyoming) (computed by the National 
Agricultural Statistics Service) for November through October (computed 
by the National Agricultural Statistics Service) divided by $22.04 per 
hundred weight and multiplied by 100; and
    (3) Prices Paid Index means the following selected components from 
the National Agricultural Statistics Service ``Annual National Index of 
Prices Paid by Farmers for Goods and Services'' adjusted by the weights 
indicated in parentheses to reflect livestock production costs in the 
Western States:

1. Fuels and Energy (14.5);
2. Farm and Motor Supplies (12.0);
3. Autos and Trucks (4.5);
4. Tractors and Self-Propelled Machinery (4.5);
5. Other Machinery (12.0);
6. Building and Fencing Materials (14.5);
7. Interest (6.0);
8. Farm Wage Rates (14.0);
9. Farm Services (18.0).
[44 FR 24843, Apr. 27, 1979, as amended at 53 FR 2984, Feb. 2, 1988]



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]



Sec. 222.53  Grazing fees in the East--noncompetitive procedures.

    (a) Scope. Except as provided in Sec. 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, West Virginia, and in the Southern Region shall be determined 
through noncompetitive, fair market value procedures. These rules do not 
apply to grazing fees on National Forest System lands in Oklahoma or 
National Grasslands in Texas. Grazing permits under the noncompetitive 
fee method in the East are subject to the rules governing grazing permit 
administration in Subpart A of this part.
    (b) Applicability. The rules of this section apply to the 
establishment of grazing fees for existing permittees in the Eastern and 
Southern Regions on National Forest System lands, including grazing 
associations in New York and Missouri as of March 1, 1990, to any 
livestock on-and-off permits defined in Subpart A of this part; and to 
any allotments advertised for competitive bidding which were not bid on 
(Sec. 222.54(h)). Noncompetitive permits vacated or terminated by an 
existing permittee and any new allotments created after the effective 
date of this rule shall be offered on a competitive bid basis as 
specified in Sec. 222.54 of this subpart. As provided in subpart A of 
this part, holders of term permits have first priority for receipt of a 
new permit.
    (c) Fee System. The grazing fee charged under this section shall be 
based on fair market value, as determined by: Using comparable private 
grazing lease rates, adjusted for the difference in the costs of grazing 
comparable private leased lands and National Forest System lands, or by 
reference to prevailing prices in competitive markets for other Federal 
or State

[[Page 94]]

leased grazing lands that are the same or substantially similar to 
grazing lands offered or administered by the Forest Service in the East 
with comparability adjustments as appropriate. Comparable grazing lease 
rates shall be adjusted for the difference between the total costs of 
operating on leased grazing lands and the total costs (other than 
grazing fee costs) of operating on National Forest System lands.
    (1) Establishing Base Grazing Value. (i) The Chief of the Forest 
Service, or an authorized officer to whom such authority has been 
delegated, shall determine an estimated base market value of grazing use 
and occupancy on National Forest System lands in the Eastern States for 
the following designated subregions:
    (A) Corn Belt (Illinois, Indiana, Missouri, and Ohio);
    (B) Lake States (Michigan, Minnesota, and Wisconsin);
    (C) Northeast (Maine, New Hampshire, New York, Pennsylvania, and 
Vermont);
    (D) Appalachia (Kentucky, North Carolina, Tennessee, Virginia, and 
West Virginia);
    (E) Southeast/Delta (Alabama, Arkansas, Georgia, Louisiana, 
Mississippi, South Carolina, and Texas); and
    (F) Florida.
    (ii) The Chief or authorized officer shall revise or update 
estimated market values of grazing use and occupancy, as necessary to 
respond to significant changes in the agricultural economy in the East, 
and to ensure that fees represent fair market value.
    (iii) The Chief, or an authorized officer to whom authority has been 
delegated, where sufficient market data exist, may establish the base 
grazing value for grazing allotments using comparable, local lease rates 
for private grazing lands.
    (2) Annual Adjustment of Base Grazing Value. To maintain currency 
with the private grazing lease market, the respective base grazing 
value(s) established for grazing permits under this section shall be 
annually adjusted through a hay price index, by respective subregion. 
The hay price index means the weighted average selling price of ``other 
baled hay,'' computed by the National Agricultural Statistics Service of 
the U.S. Department of Agriculture, by designated State and subregion. 
This index shall be based on 3-year average hay prices and annually 
reflect the percentage change in the cost of alternative livestock feed.
    (3) Computation of Annual Grazing Fee--(i) Annual Fee Basis. The 
annual grazing fee shall equal the base grazing value, adjusted by the 
current period's hay price index, less the value of any agency required 
range improvements.
    (ii) Grazing Fee Credits for Range Improvements. Any requirements 
for permittee construction or development of range improvements shall be 
identified through an agreement and incorporated into the grazing 
permit, with credits for such improvements to be allowed toward the 
annual grazing fee. Fee credits shall be allowed only for range 
improvements which the Forest Service requires an individual permittee 
to construct or develop on a specific allotment to meet the management 
direction and prescriptions in the relevant forest land and resource 
management plan and allotment management plan. These improvements must 
involve costs which the permittee would not ordinarily incur under the 
grazing permit, must be of tangible public benefit, and must enhance 
management of vegetation for resource protection, soil productivity, 
riparian, watershed, and wetland values, wildlife and fishery habitat, 
or outdoor recreation values. Maintenance of range improvements 
specified in allotment management planning documents or the grazing 
permit, and other costs incurred by the permittee in the ordinary course 
of permitted livestock grazing, do not qualify for grazing fee credits.
    (4) Implementation. The grazing fee formula provided by this section 
shall be used to calculate fees for the 1990 grazing fee year. Where 
implementation would raise fees, the increase shall be phased in over a 
5-year period. Full fair market value will be reached in 5 years, 
beginning in 1990.
[55 FR 2650, Jan. 26, 1990]



Sec. 222.54  Grazing fees in the East--competitive bidding.

    (a) General Procedures--(1) Applicability. The rules of this section 
apply to

[[Page 95]]

grazing fees for any allotment established or vacated on National Forest 
System lands in the Eastern or Southern Regions, as of February 26, 1990 
as well as to grazing fees for existing allotments for such lands that 
have already been established under competitive procedures as of the 
date of this rule. Permits offered for competitive bidding in the East 
are subject to the rules governing grazing permit administration in 
subpart A of this part. The rules of this section do not apply to 
negotiated livestock use permits or permits with on-and-off grazing 
provisions as authorized in subpart A of this part. Holders of term 
permits have first priority for receipt of a new term grazing permit in 
accordance with subpart A of this part. These rules also do not apply to 
grazing fees on National Forest System lands in Oklahoma or National 
Grasslands in Texas.
    (2) Allowable Bidders. Bids for grazing permits shall be accepted 
from individuals, partnerships, grazing associations (formed after 
February 26, 1990), joint ventures, corporations, and organizations.
    (b) Establishment of Minimum Bid Price. Authorized officers shall 
establish a minimum bid price for each available allotment as described 
in Sec. 222.53 of this subpart.
    (c) Prospectus. (1) At such time as allotments are vacated, as new 
allotments are established, or as existing competitively bid permits 
expire, the authorized officer shall prepare and advertise a prospectus 
for those allotments on which grazing will be permitted.
    (2) The prospectus shall include the terms and conditions of 
occupancy and use under the grazing permit to be issued, as well as 
document existing improvements and their condition. The prospectus shall 
also disclose the following:
    (i) Estimated market value of the forage per head month of grazing 
use;
    (ii) The minimum bid price the agency will accept;
    (iii) Any required range improvements; and
    (iv) The minimum qualifications that applicants must meet to be 
eligible for a permit.
    (3) Copies of the applicable grazing permit, allotment management 
planning documents and allotment maintenance requirements, and the 
latest annual permittee instructions shall be made available to all 
prospective bidders upon request.
    (d) Submission of bid. Each applicant shall submit an application 
for the grazing permit, along with a sealed bid for the grazing fee, and 
a bid deposit of 10 percent of the total amount of the bid.
    (e) Qualifications and Deposit Refunds. Upon opening applicants 
bids, the authorized officer shall determine whether each bidder meets 
the qualifications to hold a permit as set forth in Subpart A of this 
part; and shall refund the deposit to any applicant who is not qualified 
or who does not offer the high bid.
    (f) Permit Issuance. The authorized officer shall issue the grazing 
permit to the qualified high bidder, except as provided in paragraphs 
(f)(1) and (2) of this section. The successful bidder receives the 
privilege of obtaining or renewing a grazing permit and is billed for 
the occupancy offered and forage sold.
    (1) Priority for Reissuance. On allotments where a current permit is 
expiring and competition has been held on a new grazing permit, the 
current grazing permittee shall have priority for retaining the permit. 
Accordingly, an applicant who holds the permit on the allotment under 
bid, who has a satisfactory record of performance under that permit, and 
who is not the higher bidder for the future grazing privileges in the 
specified allotment shall be offered the opportunity to match the high 
bid and thereby retain the permit. Should there be more than one 
existing permittee in the allotment under bid, each shall be offered the 
option of meeting the high bid; if only one current permittee opts to 
meet the high bid, the remaining allowable grazing use, if any, shall be 
awarded to the initial high bidder.
    (2) Identical Bids. In cases of identical bids, the selection of the 
successful applicant shall be made through a drawing.
    (g) Computation of Successful Bidder's Annual Fee--(1) Annual Fee 
Basis. The highest bid received shall establish the

[[Page 96]]

base grazing value in the initial year of the grazing permit for each 
allotment offered. The annual grazing fee shall equal the base grazing 
value, adjusted by the current period's hay price index for the relevant 
subregion as described in Sec. 222.53(c)(1), and (c)(3), less the value 
of any agency required range improvements. This hay price index shall be 
based on 3-year average hay prices and annually reflect the percent 
change in the cost of alternative livestock feed.
    (2) Grazing Fee Credits for Range Improvements. Any requirements for 
permittee construction or development of range improvements shall be 
identified through an agreement and incorporated into the grazing 
permit, with credits for such improvements to be allowed toward the 
annual grazing fee. Fee credits shall be allowed only for range 
improvements which the Forest Service requires an individual permittee 
to construct or develop on a specific allotment to meet the management 
direction and prescriptions in the relevant forest land and resource 
management plan and allotment management plan. These improvements must 
involve costs which the permittee would not ordinarily incur under the 
grazing permit, must be of tangible public benefit, and must enhance 
management of vegetation for resource protection, soil productivity, 
riparian, watershed, and wetland values, wildlife and fishery habitat, 
or outdoor recreation values. Maintenance of range improvements 
specified in allotment management planning documents or the grazing 
permit, and other costs incurred by the permittee in the ordinary course 
of permitted livestock grazing, do not qualify for grazing fee credits.
    (h) No Bids Received. If qualified sealed bids are not received, the 
authorized officer reserves the right to conduct an oral auction using 
the minimum bid price established under paragraph (b) of this section or 
to establish grazing fees through noncompetitive grazing fee procedures 
specified in Sec. 222.53 of this subpart.
[55 FR 2651, Jan. 26, 1990]



PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER--Table of Contents




                      Subpart A--General Provisions

Sec.
223.1  Authority to sell timber.
223.2  Disposal of timber for administrative use.
223.3  Sale of seized material.
223.4  Exchange of trees or portions of trees.
223.5  Scope of free use granted to individuals.
223.6  Cutting and removal of timber in free-use areas.
223.7  Permission for free use of timber outside free-use areas.
223.8  Delegations of authority to approve free use by individuals.
223.9  Free use to owners of certain mining claims.
223.10  Free use to Alaskan settlers, miners, residents, and 
          prospectors.
223.11  Free use to other Federal agencies.
223.12  Permission to cut, damage, or destroy trees without 
          advertisement.
223.13  Compliance.
223.14  Where timber may be cut.

                    Subpart B--Timber Sale Contracts

                   Contract Conditions and Provisions

223.30  Consistency with plans, environmental standards, and other 
          management requirements.
223.31  Duration of contracts.
223.32  Timber sale operating plan.
223.33  Redetermination of stumpage rates and deposits.
223.34  Advance payment.
223.35  Performance bond.
223.36  Volume determination.
223.37  Revegetation of temporary roads.
223.38  Standards for road design and construction.
223.39  [Reserved]
223.40  Cancellation for environmental protection or inconsistency with 
          plans.
223.41  Payment when purchaser elects government road construction.
223.42  Transfer of effective purchaser credits.
223.43  Limitation on amounts of transferred purchaser credit.
223.44  Collection rights on contracts involved in transfer of purchaser 
          credit.
223.45  Definitions applicable to transfer of purchaser credit.
223.46  Adjustment of contract termination date.
223.47  Date of completion of permanent road construction.
223.48  Restrictions on export and substitution of unprocessed timber.

[[Page 97]]

223.49  Downpayment.
223.50  Periodic payments.
223.51  Bid monitoring.
223.52  Market-related contract term additions.

                          Appraisal and Pricing

223.60  Determining fair market value.
223.61  Establishing minimum stumpage rates.
223.62  Timber purchaser road construction credit.
223.63  Advertised rates.
223.64  Appraisal on a lump-sum value or rate per unit of measure basis.
223.65  Appraisal of timber for land exchange; right-of-way, or other 
          authorized use.
223.66  [Reserved]

                         Advertisement and Bids

223.80  When advertisement is required.
223.81  Shorter advertising periods in emergencies.
223.82  Contents of advertisement.
223.83  Contents of prospectus.
223.84  Small business bid form provisions on sales with purchaser road 
          construction credit.
223.85  Noncompetitive sale of timber.
223.86  Bid restriction on resale of noncompleted contract.
223.87  Requirements of bidders concerning exports.
223.88  Bidding methods.
223.89  Relation to other bidders.

                           Award of Contracts

223.100  Award to highest bidder.
223.101  Determination of purchaser responsibility.
223.102  Procedures when sale is not awarded to highest bidder.
223.103  Award of small business set-aside sales.

                         Contract Administration

223.110  Delegation to regional forester.
223.111  Administration of contracts in designated disaster areas.
223.112  Modification of contracts.
223.113  Modification of contracts to prevent environmental damage or to 
          conform to forest plans.
223.114  Acquisition by third party.
223.115  Contract extensions.
223.116  Cancellation.
223.117  Administration of cooperative or Federal sustained yield units.
223.118  Appeal process for small business timber sale set-aside program 
          share recomputations.

        Subpart C--Suspension and Debarment of Timber Purchasers

223.130  Scope.
223.131  Applicability.
223.132  Policy.
223.133  Definitions.
223.134  List of debarred and suspended purchasers.
223.135  Effect of listing.
223.136  Debarment.
223.137  Causes for debarment.
223.138  Procedures for debarment.
223.139  Period of debarment.
223.140  Scope of debarment.
223.141  Suspension.
223.142  Causes for suspension.
223.143  Procedures for suspension.
223.144  Period of suspension.
223.145  Scope of suspension.

         Subpart D--Timber Export and Substitution Restrictions

223.159  Scope and applicability.
223.160  Definitions.
223.161  [Reserved]
223.162  Limitations on timber harvested from all other states.
223.163  [Reserved]
223.164  Penalty for falsification.

                          Subpart E [Reserved]

Subpart F--The Forest Resources Conservation and Shortage Relief Act of 
                              1990 Program

223.185  Scope and applicability.
223.186  Definitions.
223.187  Determination of unprocessed timber.
223.188  Prohibitions against exporting unprocessed Federal timber.
223.189  Prohibitions against substitution.
223.190  Sourcing area application procedures.
223.191  Sourcing area disapproval and review procedures.
223.192  Procedures for a non-manufacturer.
223.193  Procedures for reporting acquisition and disposition of 
          unprocessed Federal timber.
223.194  Procedures for reporting the acquisition and disposition of 
          unprocessed private timber.
223.195  Procedures for identifying and marking unprocessed timber.
223.196  Civil penalties for violation.
223.197  Civil penalty assessment procedures.
223.198  Administrative remedies.
223.199  Procedures for cooperating with other agencies.
223.200  Determinations of surplus species.
223.201  Limitations on unprocessed timber harvested in Alaska.
223.202  Information requirements.

[[Page 98]]

223.203  Indirect substitution exception for National Forest System 
          timber from within Washington State.

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 
618, 104 Stat. 714-726, 16 U.S.C. 620-620j, unless otherwise noted.

    Source: 42 FR 28252, June 2, 1977, unless otherwise noted. 
Redesignated at 49 FR 2760-2761, Jan. 23, 1984.



                      Subpart A--General Provisions



Sec. 223.1  Authority to sell timber.

    Trees, portions of trees, and other forest products on National 
Forest System lands may be sold for the purpose of achieving the 
policies set forth in the Multiple-Use Sustained-Yield Act of 1960, as 
amended (74 Stat. 215; 16 U.S.C. 528-531), and the Forest and Rangeland 
Renewable Resources Planning Act of 1974, as amended (88 Stat. 476; as 
amended, 16 U.S.C. 1600-1614), and the Program thereunder.



Sec. 223.2  Disposal of timber for administrative use.

    Trees, portions of 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 to the United 
States, subject to the maximum cut fixed in accordance with established 
policies for management of the National Forests. Such administrative use 
shall be limited to the following conditions and purposes:
    (a) For construction, maintenance or repair of roads, bridges, 
trails, telephone lines, fences, recreation areas or other improvements 
of value for the protection or the administration of Federal lands.
    (b) For fuel in Federal camps, buildings and recreation areas.
    (c) For research and demonstration projects.
    (d) For use in disaster relief work conducted by public agencies.
    (e) For disposal when removal is desirable to protect or enhance 
multiple-use values in a particular area.



Sec. 223.3  Sale of seized material.

    Seized material (trees, portions of 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. 
If advertisement is impractical, sales of material with an appraised 
value of less than $10,000 will be made on informal bids.



Sec. 223.4  Exchange of trees or portions of trees.

    Trees or portions of 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 Sec. 223.1.

(42 Stat. 465, 16 U.S.C 485; 43 Stat. 1215, 16 U.S.C. 516)



Sec. 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.

(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.



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

    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

[[Page 99]]

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



Sec. 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 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 Sec. 261.70. In 
all other cases permits will be required for green material.



Sec. 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 $20 in value in any one 
fiscal year. Supervisors may grant permits for material not exceeding 
$100 in value. Regional Foresters may approve permits for larger 
amounts, and in times of emergency may delegate authority to supervisors 
for not over $500 in value. Prior review by the Chief of the Forest 
Service will be given if the amount involved exceeds $5,000 in value.
    (b) Regional Foresters may authorize supervisors to permit the 
removal of specific classes of material without scaling or measurement.



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

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

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



Sec. 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)



Sec. 223.11  Free use to other Federal agencies.

    (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 Sec. 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

[[Page 100]]

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.

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



Sec. 223.12  Permission to cut, damage, or destory 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. 1, 30 Stat. 35, as amended, 16 U.S.C. 551)



Sec. 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)



Sec. 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 5 of that Act, the claimant has failed to file 
a verified statement or has failed to establish the validity and 
effectiveness of his asserted rights.
    (4) Timber on lands identified in land management plans as not 
suited for timber production, except that salvage sales or sales 
necessitated to protect other multiple-use values may be made.
    (b) The cutting of timber on mining claims shall be conducted in 
such manner as not to endanger or materially interfere with prospecting, 
mining or processing operations.
    (c) Timber on an unpatented claim to which the United States does 
not otherwise have disposal rights may be disposed of with the written 
consent of the claimant, or, in emergencies without the consent of the 
claimant.
    (d) Timber on an unpatented claim may be cut by the claimant only 
for the actual development of the claim or for uses consistent with the 
purposes for which the claim was entered. Any severance or removal of 
timber, other than severance or removal to provide clearance, shall be 
in accordance with plan of operations required by Part 252 of this 
chapter, and with sound principles of forest management.
    (e) With prior approval by the Regional Forester, timber on lands 
under option by the United States or on offered lands included in an 
approved land exchange agreement may be sold. Before the sale is made, a 
cooperative agreement must be made with the owner of the land 
authorizing the Forest Service to conduct the sale and providing for 
return of stumpage receipts

[[Page 101]]

to the owner if title to the land is not accepted by the United States.
    (f) With prior approval by the Regional Forester, cutting of 
exchange timber described in Sec. 223.4 may be authorized in advance of 
the acceptance of title to the non-Federal land offered in exchange.



                    Subpart B--Timber Sale Contracts

                   Contract Conditions and Provisions



Sec. 223.30  Consistency with plans, environmental standards, and other management requirements.

    The approving officer will insure that each timber sale contract, 
permit or other authorized form of National Forest timber disposal is 
consistent with applicable land and resource management plans and 
environmental quality standards and includes, as appropriate, 
requirements for:
    (a) Fire protection and suppression;
    (b) Protection of residual timber;
    (c) Regeneration of timber as may be made necessary by harvesting 
operations;
    (d) Minimizing increases in soil erosion;
    (e) Providing favorable conditions of water flow and quality;
    (f) Utilization of the timber resource to provide for the optimum 
practical use of the wood material as may be obtained with available 
technology, considering opportunities to promote more efficient wood 
utilization, regional conditions and species characteristics;
    (g) Reduction of the likelihood of loss to destructive agencies; and
    (h) Minimizing adverse effects on, or providing protection for and 
enhancing other National Forest resources, uses and improvements.



Sec. 223.31  Duration of contracts.

    Sale contracts shall not exceed 10 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 the 
Multiple-Use Sustained-Yield Act of 1960) will result.



Sec. 223.32  Timber sale operating plan.

    Sale contracts with a term 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 of 
operation shall be general in nature, outlining the expected timing and 
order of sale development, including such major operations as road 
construction, felling and removal of timber, distribution of timber, and 
contractual requirements for erosion prevention and slash disposal. The 
plan of operation and revisions thereto shall be subject to concurrence 
by the Forest Service.



Sec. 223.33  Redetermination of stumpage rates and deposits.

    Sale contracts 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 stumpage and for required 
deposits at intervals of not more than 5 years, exclusive of any period 
allowed for the construction of improvements.



Sec. 223.34  Advance payment.

    Sale contracts shall provide that timber 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. 
Advance payments found to be in excess of amounts due the United States 
shall be refunded to the current holder of the contract or to successors 
in interest. (90 Stat. 2959; 16 U.S.C. 472a.)
[43 FR 38008, Aug. 25, 1978. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.35  Performance bond.

    Timber sale contracts may require the purchaser to furnish a 
performance bond for satisfactory compliance with its terms.



Sec. 223.36  Volume determination.

    (a) Timber sale contracts may 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 permit 
provides for the determination of volume by tree measurement and the 
timber has been paid for, the marking or otherwise designating of the 
tree authorizes cutting and

[[Page 102]]

removal. Otherwise no timber cut under any contract shall be removed 
from the place designated until it has been scaled, measured or counted 
as provided in the timber sale contract, unless such removal is 
specifically authorized in the contract.
    (b) National Forest timber sold on board foot scale shall be scaled 
by the Scribner Decimal C Log Rule, or if the advertisement and contract 
or permit so state, by the International \1/4\-inch log rule or by the 
International \1/4\-inch Decimal log rule. National Forest timber may 
also be sold by the cubic volume rule or by cords, each as used by the 
Forest Service.



Sec. 223.37  Revegetation of temporary roads.

    Timber sale contracts, permits 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 as 
to permit the reestablishment by artificial or natural means, or 
vegetative cover on the roadway and areas where the vegetative cover was 
disturbed by the construction or use of the road, as necessary to 
minimize erosion from the disturbed area. Such treatment shall be 
designed to reestablish vegetative cover as soon as practicable, but at 
least within 10 years after the termination of the contract.



Sec. 223.38  Standards for road design and construction.

    Road construction authorized under timber sale contracts, permits 
and other documents authorizing the cutting or removal of timber or 
forest products shall be designed to standards appropriate for the 
intended uses, considering safety, cost of transportation, and impacts 
on land and resources. If the sale contract provides for road design 
standards in excess of those needed for the harvest and removal of 
timber from that sale, including measures to protect adjacent resource 
values, provision shall be made in the contract for compensating the 
purchaser for the additional costs, unless the purchaser elects 
Government construction under section 14(i) of the National Forest 
Management Act of 1976.



Sec. 223.39  [Reserved]



Sec. 223.40  Cancellation for environmental protection or inconsistency with plans.

    Timber sale contracts, permits, and other such instruments, 
authorizing the harvesting of trees or other forest products, with terms 
of longer than 2 years, shall provide for cancellation in order to 
prevent serious environmental damage or when they are significantly 
inconsistent with land management plans adopted or revised in accordance 
with section 6 of the Forest and Rangeland Renewable Resources Planning 
Act of 1974, as amended. Such provision shall provide for reasonable 
compensation to the purchaser for unrecovered costs incurred under the 
contract and for the difference between the current contract value and 
the average value of comparable National Forest timber sold during the 
preceding 6-month period.



Sec. 223.41  Payment when purchaser elects government road construction.

    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 the purchaser elects Government road 
construction, he pays for the timber an amount no less than the sum of 
estimated road construction cost and base rate value, as defined in 
Sec. 223.61.



Sec. 223.42  Transfer of effective purchaser credits.

    The Forest Service 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 within the same 
National Forest, provided the sale contracts provide procedures for the 
use of purchaser credit. Approval for transfer shall not be granted for 
amounts needed to satisfy unfulfilled payment obligations or claims for 
damages due the United States. Purchaser credit transferred under this 
paragraph is subject

[[Page 103]]

to such additional restrictions as may be necessary for its orderly use.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.43  Limitation on amounts of transferred purchaser credit.

    (a) The amount of purchaser credit which may be transferred into a 
given sale shall be limited to the difference between remaining current 
contract value and the total of:
    (1) Remaining base rate value needs,
    (2) Salvage sale fund needs plus sale area improvement needs in 
excess of base rate value needs, and
    (3) Total purchaser credit limit on the given sale.
    (b) This calculation shall be made as of the date of sale award for 
sales made on or after January 1, 1978. For sales made prior to January 
1, 1978, the calculation shall be made as of December 31, 1977, except 
that if the amount actually transferred in as of December 31, 1977, 
exceeds the calculated limit, the actual transfers as of that date shall 
be the established limit. Purchaser credit earned on a sale and 
subsequently transferred out may be replaced without regard to the 
transfer in limit. Sale area improvement needs shall be based on the 
original sale area betterment plan or revisions thereto approved prior 
to July 1, 1976. Salvage sale fund needs shall be based on the original 
salvage sale fund plan.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.44  Collection rights on contracts involved in transfer of purchase credit.

    To assure protection of the United States in connection with the 
implementation of this regulation, contract provisions shall not prevent 
the Forest Service from carrying out collection rights, authorized by 
the Federal Claims Collection Act of 1966 (80 Stat. 309), between 
contracts involved in the transfer of purchaser credit. Such claims 
against the contract receiving the transferred purchaser credit shall be 
limited to the amount transferred.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.45  Definitions applicable to transfer of purchaser credit.

    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 successor in interest of any of 
the foregoing business entities having timber sale contracts on the same 
National Forest. The term National Forest shall be considered as a unit 
of the National Forest System, regardless of how it was established, 
which maintains a separate identity with respect to the distribution of 
receipts earned thereon to the States and counties. The term Effective 
Purchaser Credit means unused purchaser credit which does not exceed 
current contract value minus base rate value. The term base rate value 
is the sum of the products of base rates and estimated remaining 
unscaled (unreported on tree measurement contracts) volumes by species 
of timber included in a timber sale contract.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.46  Adjustment of contract termination date.

    Timber sale contracts 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 the 
purchaser's control, which may include but are not limited to acts of 
God, acts of the public enemy, acts of the Government, labor disputes, 
fires, insurrections or floods.



Sec. 223.47  Date of completion of permanent road construction.

    (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.

[[Page 104]]

    (b) This date is applicable to construction by both the Forest 
Service and the timber purchaser.
    (c) The date is not applicable to roads not needed by the purchaser 
for timber removal.
    (d) The date for completion may be revised, if additional time is 
needed, under guidelines provided by the Chief, Forest Service, 
including but not limited to (1) default of contractors or (2) design 
changes, physical changes, or catastrophic damages which necessitate 
modification of specified road construction work.
    (e) If Forest Service failure to perform results in delay in road 
completion, the termination date shall be adjusted in accordance with 
the contract term adjustment provisions of the timber sale contract. If 
there is substantial delay in performance by the Forest Service, the 
contract shall provide that rates of payment may be redetermined, at the 
request of the purchaser, in accordance with guidelines established by 
the Chief, Forest Service.
    (f) If the purchaser retains responsibility for road construction, 
the date of completion for permanent roads may be modified to conform to 
the approved plan of operation.



Sec. 223.48  Restrictions on export and substitution of unprocessed timber.

    (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 before August 20, 1990, shall include 
provisions implementing the Secretary's timber export and substitution 
regulations at subpart D of this part in effect prior to that data. Such 
contracts shall also require purchasers to:
    (1) Submit annually, until all unprocessed timber is accounted for, 
a certified report on the disposition of any unprocessed timber 
harvested from the sale including a description of unprocessed timber 
which is sold, exchanged or otherwise disposed of to another person and 
a description of the relationship with the other person;
    (2) Submit annually, until all unprocessed timber from the sale is 
accounted for, a certified report on the sale of any unprocessed timber 
from private lands in the tributary area which is exported or sold for 
export; and
    (3) Maintain records of all such transactions involving unprocessed 
timber and to make such records available for inspection and 
verification by the Forest Service for up to three (3) years after the 
sale is terminated.
    (b) Contracts for the sale of unprocessed timber from National 
Forest System lands located west of the 100th meridian in the contiguous 
48 States, awarded on or after August 20, 1990, shall include provisions 
implementing the requirements of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.).
    (c) The reporting and recordkeeping procedures in this section 
constitute information collection requirements as defined in 5 CFR part 
1320. These requirements have been approved by the Office of Management 
and Budget and assigned clearance number 0596-0021.
[56 FR 65842, Dec. 19, 1991]



Sec. 223.49  Downpayment.

    (a) For the purposes of this section, the 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 each species by the estimated 
volume listed in the contract.
    (2) Ineffective purchaser credit is that portion of the credit 
earned, pursuant to a specific Forest Service timber sale contract for 
construction of specified roads, or for other purposes in such contract, 
that exceeds the current contract value, minus base rate value as 
defined in that contract and, thus, is an amount that cannot be applied 
toward stumpage charges.
    (3) Bid premium is the amount in excess of the advertised value that 
a purchaser bids for timber offered.
    (4) Lump sum timber sales are premeasured sales where the entire 
value of the sale is paid in one payment at time of release for cutting.
    (5) Affiliate. Concerns or individuals are affiliates if directly or 
indirectly, either one controls or has the power to control the other, 
or a third party controls or has the power to control both. In 
determining whether or not affiliation exists, the Forest Service shall

[[Page 105]]

consider all appropriate factors, including, but not limited to, common 
ownership, common management, and contractual relationships.
    (b) Timber sale contracts shall include provisions that require 
purchasers to make a downpayment in cash or by application of earned 
effective purchaser credit at the time a timber sale contract is 
executed.
    (c) The minimum downpayment shall be equivalent to 10 percent of the 
total advertised value of each sale, plus 20 percent of the bid premium, 
except in those geographic areas where the Chief of the Forest Service 
determines that it is necessary to increase the amount of the 
downpayment in order to deter speculation. To determine the amount of 
the downpayment due on a sale where the timber is measured in units 
other than board feet, the Forest Service shall convert the measure to 
board feet, using appropriate conversion factors with any necessary 
adjustment.
    (d) On scaled sales, a purchaser cannot apply the amount deposited 
as a downpayment to cover other obligations due on that sale until 
stumpage value representing 25 percent of the total bid value of the 
sale has been charged and paid for. On tree measurement sales, a 
purchaser cannot apply the amount deposited as a downpayment to cover 
other obligations due on that sale until stumpage value representing 25 
percent of the total bid value of the sale is shown on the timber sale 
statement of account to have been cut, removed, and paid for. For lump 
sum sales, the downpayment amount may be applied to payment for release 
of the single payment unit.
    (e) A purchaser or any affiliate of that purchaser, awarded a Forest 
Service timber sale contract must meet the additional downpayment 
requirements of paragraph (g) of this section under the following 
circumstances:
    (1) The purchaser or its affiliate after September 29, 1988 has 
failed to perform in accordance with the terms of a Forest Service or 
Bureau of Land Management timber sale contract which results in 
notification by a Contracting Officer that a contract has expired 
uncompleted or is terminated for cause; and
    (2) The estimated value of the unscaled timber on scaled sales, or 
the estimated value of the timber outstanding on tree measurement sales, 
included in those terminated or expired contracts exceeds $100,000, and
    (3) Unpaid damages claimed by the Government remain outstanding 
prior to award of the new sale at issue and corrective action has not 
been taken to avoid future deficient performance.
    (f) A subsequent final determination by the Contracting Officer or 
by a court of competent jurisdiction that a contract was improperly 
classified under the criteria in paragraph (e) of this section will 
result in the refund or credit of any unobligated portion of the amount 
of downpayment exceeding that required by paragraphs (c) and (d) and the 
limitations of paragraph (h) on application of downpayment shall no 
longer apply.
    (g) Notwithstanding the provisions of paragraphs (c) and (d) of this 
section, a purchaser meeting the criteria of paragraph (e) of this 
section must make a minimum downpayment equal to 20 percent of the total 
advertised value of that sale, plus 40 percent of the total bid premium. 
This higher downpayment requirement applies throughout the National 
Forest System, except in those areas where the Chief of the Forest 
Service determines, before advertisement of the sale, that another 
downpayment rate is necessary to achieve the management objectives of 
the National Forest System.
    (1) In calculating bid premiums for the downpayment requirement, the 
Forest Service shall not include the portion of the bid premium that 
offsets ineffective purchaser credit.
    (2) To determine the amount of the downpayment due on a sale where 
the timber is measured in units other than board feet, the Forest 
Service shall convert the measure to board feet, using appropriate 
conversion factors with any necessary adjustments.
    (h) A purchaser subject to the additional downpayment requirements 
of paragraph (g) of this section cannot apply the amount deposited as a 
downpayment to other uses until:
    (1) On scaled sales, the estimated value of the unscaled timber is 
equal to

[[Page 106]]

or less than the amount of the downpayment; or
    (2) On tree measurement sales, the estimated value remaining to be 
cut and removed as shown on the timber sale statement of account is 
equal to or less than the amount of the downpayment.
    (i) For the purpose of releasing funds deposited as downpayment by a 
purchaser subject to paragraph (f) of this section, the Forest Service 
shall compute the estimated value of timber as follows:
    (1) On scaled sales, the estimated value of the unscaled timber is 
the sum of the products obtained by multiplying the current contract 
rate for each species by the difference between the advertised volume 
and the volume that has been scaled of that species.
    (2) On tree measurement sales, the estimated value of the timber 
outstanding (that not shown on the timber sale statement of account as 
cut and removed) is the sum of the products obtained by multiplying the 
current contract rate for each species by the difference between the 
advertised volume and the volume that has been shown on the timber sale 
statement to have been cut and removed of the species. The current 
contract rate for each species is that specified in each Forest Service 
timber sale contract.
    (j) In order to deter speculation, the Chief of the Forest Service 
may increase the period for retention of the downpayment for future 
contracts subject to such criteria as the Chief may adopt after giving 
the public notice and opportunity to comment.
[50 FR 41500, Oct. 11, 1985, as amended at 53 FR 33131, Aug. 30, 1988; 
56 FR 36103, July 31, 1991]



Sec. 223.50  Periodic payments.

    (a) For the purposes of this section, 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. Total contract 
value excludes required deposits and is determined at bid date.
    (2) Current contract value is the sum of the products of the current 
contract rates and, in a scaled sale, estimated remaining unscaled 
volume or, in a tree measurement sale, the estimated remaining 
quantities by species of included timber meeting utilization standards.
    (3) Normal operating season is the period so specified in a timber 
sale contract.
    (4) Periodic payment(s) is/are amount(s) specified in a timber sale 
contract that a purchaser must pay by the periodic payment determination 
date(s) unless reduced by amounts paid as stumpage for volume removed.
    (5) A periodic payment determination date is a date specified in a 
timber sale contract upon which the Forest Service will compare the 
payments made by the timber sale purchaser for timber charges 
(stumpage), exclusive of required deposits, with the periodic payment 
amount required as of that date in the contract.
    (b) Except for lump sum sales, each timber sale contract of more 
than one full normal operating season shall provide for periodic 
payments. The number of periodic payments required will be dependent 
upon the number of normal operating seasons within the contract, but 
shall not exceed two such payments during the course of the contract. 
Periodic payments must be made by the periodic payment determination 
date, except that the amount of the periodic payment shall be reduced to 
the extent that timber has been removed and paid for by the periodic 
payment determination date. Should the payment fall due on a date other 
than normal billing dates, the contract shall provide that the payment 
date will be extended to coincide with the next timber sale statement of 
account billing date.
    (1) At a minimum, each such contract shall require an initial 
periodic payment at the midpoint between the specified road completion 
date and the termination date. If there is no road construction 
requirement, payment shall be due at the midpoint between award date and 
the termination date.
    (2) Contracts exceeding 2 full operating seasons shall require an 
additional periodic payment to be due no later than the midpoint of the 
last normal operating season or 12 months from the initial periodic 
payment whichever date is first.

[[Page 107]]

    (c) Each timber sale contract shall require the initial periodic 
payment to equal 35 percent of the total contract value or 50 percent of 
the bid premium, whichever is greater. The amount of this periodic 
payment will be reduced if the payment would result in the purchaser's 
credit balance for timber charges exceeding the current contract value.
    (d) Where an additional periodic payment is required by the timber 
sale contract, this payment will equal 75 percent of the total contract 
value. The amount of this periodic payment will be reduced if the 
payment would result in the purchaser's credit balance for timber 
charges exceeding the current contract value.
    (e) Periodic payment determination dates that have not been reached 
shall be adjusted when contract term adjustments are granted under 36 
CFR 223.46 or market-related contract term additions are granted under 
36 CFR 223.52. Periodic payment determination dates shall not be 
adjusted when contract term extension is granted under the general 
authority of 36 CFR 223.115.
    (f) In accordance with 36 CFR 223.52(a), no contract executed before 
July 31, 1991, shall be modified to allow for market-related contract 
term additions unless the purchaser makes a written request to the 
Contracting Officer by December 1, 1991, for a simultaneous modification 
implementing the periodic payment requirements of this section. The 
midpoint payment clause in contracts executed before July 31, 1991, is 
not the ``periodic payment requirement'' mandated by 36 CFR 223.52(a).
[56 FR 36104, July 31, 1991, as amended at 56 FR 55822, Oct. 30, 1991]



Sec. 223.51  Bid monitoring.

    Each Regional Forester shall monitor bidding 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 
obligations under the timber sale contract. A Regional Forester shall 
propose to the Chief changes in servicewide timber sale procedures, as 
they appear necessary, to discourage speculative bidding.
[50 FR 41500, Oct. 11, 1985]



Sec. 223.52  Market-related contract term additions.

    (a) Contract provision. (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 the contract term, 
under the following conditions:
    (i) The Chief of the Forest Service has determined that adverse wood 
products market conditions have resulted in a drastic reduction in wood 
product prices applicable to the sale; and
    (ii) The purchaser makes a written request for additional time to 
perform the contract.
    (2) The contract term addition provision of the contract must 
specify the index to be applied to each sale. The Forest Supervisor 
shall determine, and select from paragraph (b) of this section, the 
index to be used for each sale based on the species and product 
characteristics, by volume, being harvested on the sale. The index 
specified shall represent more than one-half of the advertised volume.
    (3) A market-related contract term addition provision shall not be 
included in contracts where the sale has a primary objective of 
harvesting timber subject to rapid deterioration.
    (b) Determination of drastic wood product price reductions. (1) The 
Forest Service shall monitor and use Producer Price Indices, as prepared 
by the Department of Labor, Bureau of Labor Statistics (BLS), adjusted 
to a constant dollar base, to determine if market-related contract term 
additions are warranted.
    (i) The Forest Service shall monitor and use only the following 
indices:

------------------------------------------------------------------------
                                                               Industry
                  BLS producer price index                       code
------------------------------------------------------------------------
Hardwood Lumber............................................      2421# 1
Eastern Softwood Lumber....................................      2421# 3
Western Softwood Lumber....................................      2421# 4
Wood Chips.................................................      2421# 5
------------------------------------------------------------------------

    (ii) Preliminary index values will be revised when final index 
values become available, however, determination of a

[[Page 108]]

qualifying quarter will not be revised when final index values become 
available.
    (2) The Chief of the Forest Service shall determine that a drastic 
reduction in wood product prices has occurred when, for 2 or more 
consecutive quarters, the applicable adjusted price index is less than 
85 percent of the average of such adjusted index for the 4 highest of 
the 8 calendar quarters immediately prior to the qualifying quarter. A 
qualifying quarter is a quarter where the applicable adjusted index is 
more than 15 percent below the average of such index for the 4 highest 
of the previous 8 calendar quarters. Qualifying quarter determinations 
will be made using the Producer Price Indices for the months of March, 
June, September, and December.
    (3) A determination, made pursuant to paragraph (b)(2) of this 
section, that a drastic reduction in wood product prices has occurred, 
shall constitute a finding that the substantial overriding public 
interest justifies the contract term addition.
    (c) Granting market-related contract term additions. When the Chief 
of the Forest Service determines, pursuant to this section, that a 
drastic reduction in wood product prices has occurred, the Forest 
Service is to notify affected timber sale purchasers. For any contract 
which has been awarded and has not been terminated, the Forest Service, 
upon a purchaser's written request, will add 1 year to the contract's 
terms, except as provided in paragraphs (c)(1) through (4) of this 
section. This 1-year addition includes time outside of the normal 
operating season.
    (1) Additional contract time may not be granted for those portions 
of the contract which have a required completion date or for those 
portions of the contract where the Forest Service determines that the 
timber is in need of urgent removal or that timber deterioration or 
resource damage will result from delay.
    (2) For each additional consecutive quarter, in which a contract 
qualifies for a market-related contract term addition, the Forest 
Service will, upon the purchaser's written request, add an additional 3 
months during the normal operating season to the contract.
    (3) No more than twice the original contract length or 3 years, 
whichever is less, shall be added to a contract's term by market-related 
contract term addition.
    (4) In no event shall a revised contract term exceed 10 years as a 
result of market-related contract term additions.
    (d) Recalculation of periodic payments. Where a contract is 
lengthened as a result of market conditions, any subsequent periodic 
payment dates shall be delayed 1 month for each month added to the 
contract's term.
[63 FR 24114, May 1, 1998]

                          Appraisal and Pricing



Sec. 223.60  Determining fair market value.

    The objective of Forest Service 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 agency 
directives (36 CFR 200.4). Valid methods to determine fair market value 
include, but are not limited to, transaction evidence appraisals, 
analytical appraisals, comparison appraisals, and independent estimates 
based on average investments. Pertinent factors affecting market value 
also considered include, but are not limited to, prices paid and 
valuations established for comparable timber, selling value of products 
produced, estimated operating costs, operating difficulties, and quality 
of timber. Considerations and valuations may recognize and adjust for 
factors which are not normal market influences.
[61 FR 5685, Feb. 14, 1996]



Sec. 223.61  Establishing minimum stumpage rates.

    The Chief, Forest 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 sold for 
appraised value or minimum stumpage rates, whichever is higher. No 
timber may be sold or cut under timber sale contracts for less than 
minimum stumpage rates except

[[Page 109]]

to provide for the removal of insect-infested, diseased, dead or 
distressed timber or in accordance with contract provisions specifically 
providing for catastrophically-affected timber and incidental amounts of 
material not meeting utilization standards of the timber sale contract. 
For any timber sale offering where deposits are to be required for 
reforestation under the Act of June 9, 1930, as amended (46 Stat. 527; 
16 U.S.C. 576-576b) which exceed the value of the established minimum 
stumpage rates, the minimum rates may be increased by the approving 
officer as necessary to the amount of such required reforestation 
deposits and a minimum deposit to the Treasury. Minimum rates in timber 
sale contracts will not be set higher than established minimum rates for 
purposes other than assuring adequate funds for reforestation.



Sec. 223.62  Timber purchaser road construction credit.

    Appraisal may 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 on such basis, 
purchaser credit for road construction, not to exceed the estimated 
construction cost of such roads or other developments specified in the 
timber sale contract, shall, when such construction is accomplished by 
purchaser, be deducted from stumpage payments made by or due from 
purchaser under the timber sale contract for other than minimum stumpage 
rates and required deposits for slash disposal and road maintenance. As 
used in this section estimated construction costs means the total cost 
of constructing all permanent roads specified in the timber sale 
contract, estimated as if construction is to be accomplished by an 
independent contractor who is not the timber purchaser. In determining 
the purchaser credit amount applicable against timber payments, the 
estimated construction cost may be reduced for the effect of differences 
in applicable wage rates.



Sec. 223.63  Advertised rates.

    Timber shall be advertised for sale at 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 of insect-infested, diseased, dead, or distressed timber may 
be sold at less than minimum rates when harvest of such timber is 
necessary to protect or improve the forest or prevent waste of useable 
wood fiber.



Sec. 223.64  Appraisal on a lump-sum value or rate per unit of measure basis.

    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 in accordance with formulas or other 
equivalent specifications for the following reasons:
    (a) Variations in lumber or other product value indices between the 
price index base specified in the contract and the price index actually 
experienced during the cutting of the timber;
    (b) Variance between advertised rates and rates redetermined by 
appraisal at dates specified in the contract;
    (c) Variance between redetermined rates and rates appropriate for 
changes in costs or selling values subsequent to the rate 
redetermination which reduce conversion value to less than such 
redetermined rates; and
    (d) Substantial loss of value due to physical deterioration of green 
timber or other physical damage to the sale area or access to the 
timber.



Sec. 223.65  Appraisal of timber for land exchange; right-of-way, or other authorized use.

    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 Forest System land for which payment will be made is to be 
determined by the appraisal methods in Sec. 223.60 of this part.
[61 FR 48625, Sept. 16, 1996]

[[Page 110]]



Sec. 223.66    [Reserved]

                         Advertisement and Bids



Sec. 223.80  When advertisement is required.

    Except as otherwise provided 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 in 
the opinion of the officer authorizing the sale, the quantity, value or 
other conditions justify, a longer period; and any sale of smaller 
appraised value will be advertised or informal bids solicited from 
potential purchasers if, in the judgment of the officer authorizing the 
sale, such action is deemed advisable.



Sec. 223.81  Shorter advertising periods in emergencies.

    In emergency situations where prompt removal of timber included in a 
sale is essential to avoid deterioration or to minimize the likelihood 
of the spread of insects, the approving officer may authorize shortening 
the formal advertising period to not less than 7 days. In other 
emergency situations, or for timber sold under 36 CFR 223.2 the Regional 
Forester or Chief may authorize shortening the formal advertising period 
to not less than 7 days.
[44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.82  Contents of advertisement.

    (a) A timber sale advertisement shall include the following 
information:
    (1) The location and estimated quantities of timber or other forest 
products offered for sale.
    (2) The time and place at which sealed bids will be opened in public 
or at which sealed bids will be opened in public followed by an oral 
auction.
    (3) A provision asserting the agency's right to reject any and all 
bids.
    (4) The place where complete information on the offering may be 
obtained.
    (5) Notice that a prospectus is available to the public and to 
interested potential bidders.
    (b) For each sale outside of the State of Alaska which includes a 
provision for purchaser credit for construction of permanent roads with 
a total estimated construction cost exceeding $20,000, a timber sale 
advertisement shall also include:
    (1) The total estimated construction cost of the permanent roads.
    (2) A statement extending to small business concerns qualified for 
preferential bidding on timber sales, under the Small Business Act, as 
amended, and the regulations issued thereunder, the option to elect, 
when submitting a bid, to have all permanent roads constructed by the 
Forest Service.
    (3) Notice that the prospectus referred to in paragraph (a)(5) of 
this section contains additional information concerning the options to 
have all permanent roads constructed by the Forest Service.
    (c) When timber or other forest products are offered for 
preferential bidding in accordance with the Small Business Act, as 
amended, the advertisement shall state that the offering is set-aside 
for competitive bidding by small business concerns.
[50 FR 32696, Aug. 14, 1985]



Sec. 223.83  Contents of prospectus.

    (a) A timber sale prospectus shall 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 bid guarantee which must accompany each bid.
    (3) The amount of cash deposit or down payment to be made promptly 
by the successful bidder.
    (4) The location and area of the sale, including harvest acreage.
    (5) The estimated volumes, quality, size or age class of timber.
    (6) A description of special logging requirements for the sale.
    (7) The status of marking at time of advertisement.
    (8) The method of bidding which will be used.
    (9) The contract form to be used.
    (10) The estimated deposits for reforestation and stand improvement 
work.
    (11) The contract termination date and normal operating period.
    (12) The date and amount of periodic payments which are to be made.

[[Page 111]]

    (13) The discount of payment rates for early harvest, if 
appropriate.
    (14) The amount of performance bond required.
    (15) The road standards for specified roads to be constructed.
    (16) The estimated road construction cost and purchaser credit 
limit.
    (17) For deficit sales,
    (i) An estimate of insufficient value at advertised rates to permit 
the purchaser to apply the full amount of purchaser credit.
    (ii) The amount of Forest Service funds or materials to be used to 
offset the deficit.
    (18) Status of financial assistance available to small business 
purchasers.
    (19) Notification of preferential award to small business firms and 
certification requirements for set-aside sales.
    (20) Notification of log export and substitution restrictions.
    (21) Notification of Equal Employment Opportunity compliance review 
requirements.
    (22) General or special information concerning the sale which are 
deemed appropriate to furnish sufficient information to prospective 
purchasers to warrant further investigation.
    (b) For each advertisement which extends to small concerns the 
option to have all permanent roads constructed by the Forest Service, 
the prospectus shall also include:
    (1) The road standards applicable to construction of permanent roads 
or a reference to the source of such information.
    (2) The date of final completion for all permanent roads.
    (3) A statement explaining how the Forest Service intends to perform 
road construction by force account or contract, if the high bidder 
elects Forest Service construction.
    (4) The maximum period for which timber sale contract award will be 
delayed while the Forest Service seeks a satisfactory construction bid. 
The period stated shall not exceed 120 days unless the Regional Forester 
approves a longer period.
[50 FR 32696, Aug. 14, 1985]



Sec. 223.84  Small business bid form provisions on sales with purchaser road construction 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 the Forest Service and where such 
election is made;
    (b) To certify as to small business status, and
    (c) To indicate knowledge--
    (1) Of the road construction completion date,
    (2) That the Forest Service expects to contract for road 
construction with a third party,
    (3) That the timber sale contract will not be awarded unless a 
satisfactory road construction bid is received or, if the Forest Service 
fails to receive such a bid within a maximum period stated in the 
advertisement, the bidder agrees to perform road construction,
    (4) That the Forest Service may extend the maximum award delay time 
by the amount of time needed to confirm the bidder's size status or by 
any time in excess of 40 days from timber sale bid opening needed to 
begin solicitation of construction bids, and
    (5) That if the Forest Service extends the maximum award delay 
period because solicitation of the road contract is delayed, the bidder 
may withdraw his bid without penalty.
[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984. 
Redesignated and amended at 50 FR 32696, Aug. 14, 1985]



Sec. 223.85  Noncompetitive sale of timber.

    (a) Forest officers may 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 lack 
of bids and any timber on uncut areas included in a contract which has 
been terminated by abandonment, cancellation, contract period 
expiration, or otherwise if such timber would have been cut under the 
contract. This authority shall not be utilized if there is evidence of 
competitive interest in the product.
    (b) Extraordinary conditions, as provided for in 16 U.S.C. 472(d), 
are defined

[[Page 112]]

to include the potential harm to natural resources, including fish and 
wildlife, and related circumstances arising as a result of the award or 
release of timber sale contracts pursuant to section 2001(k) of Public 
Law 104-19 (109 Stat. 246). Notwithstanding the provisions of paragraph 
(a) or any other regulation in this part, for timber sale contracts that 
have been or will be awarded or released pursuant to section 2001(k) of 
Public Law 104-19 (109 Stat. 246), the Secretary of Agriculture may 
allow forest officers to, without advertisement, modify those timber 
sale contracts by substituting timber from outside the sale area 
specified in the contract for timber within the timber sale contract 
area.
[61 FR 14621, Apr. 3, 1996]



Sec. 223.86  Bid restriction on resale of noncompleted contract.

    (a) Except as otherwise provided in this section, no bid will be 
considered in the resale of timber remaining from any uncompleted timber 
sale contract from any person, or from an affiliate of such person, who 
failed to complete the original contract:
    (1) Because of termination for purchaser's branch or; or
    (2) Through failure to cut designated timber on portions of the sale 
area by the termination date, unless acceptance of such bid is 
determined to be in the public interest.
    (b) The no bid restriction in the preceding paragraph:
    (1) Shall only apply when 50 percent or more of the timber included 
in the resale is timber remaining from the uncompleted contract and the 
resale is advertised within 3 years of the date the uncompleted contract 
terminated;
    (2) When imposed because of failure to cut designated timber on 
portions of the sale area by the termination date, shall not apply to 
resales of timber for which the original contract was awarded prior to 
April 30, 1972, unless the contract is extended thereafter; and
    (3) Shall not apply to:
    (i) Resales of timber within a sustained yield unit unless 
competition may be invited under the policy statement for the unit,
    (ii) Resales of timber on contract which would ordinarily have been 
awarded prior to April 30, 1972, if award was delayed through no fault 
of the purchaser, and
    (iii) Resales of timber on contracts not extended because of 
environmental considerations.
    (c) Where a third-party agreement has been approved in accordance 
with Sec. 223.114; the original purchaser shall not be affected by this 
section unless such purchaser is an affiliate of the third party.
    (d) As used in this section, person includes any individual, 
corporation, company, association, firm, partnership, society, joint 
stock company, or other business entity or the successor in interest of 
any of the foregoing business entities. A person is an affiliate when 
either directly or indirectly:
    (1) A person controls or has the power to control the other, or
    (2) A third person or persons control or has the power to control 
both.
[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984 
and 50 FR 32696, Aug. 14, 1985]



Sec. 223.87  Requirements of bidders concerning exports.

    In order to 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 Forest System lands 
consistent with the Forest Resources Conservation and Shortage Relief 
Act of 1990 (16 U.S.C. 620, et seq.) and its implementing regulations at 
36 CFR part 223, and that the bidder's timber purchase and export 
activities are in compliance with the timber export and substitution 
provisions of the Forest Resources Conservation and Shortage Relief Act 
of 1990 (16 U.S.C. 620, et seq.) and its implementing regulations at 36 
CFR part 223.
[60 FR 46920, Sept. 8, 1995]



Sec. 223.88  Bidding methods.

    (a) Competitive sales of National Forest 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 that the Federal Government receives not less than fair 
market value for the public resource,

[[Page 113]]

    (3) Consider the economic stability of communities whose economies 
are dependent upon National Forest timber, and
    (4) Be consistent with the objectives of the National Forest 
Management Act of 1976, as amended, and other Federal Statutes.
    (b) As a prerequisite to participation in an oral auction, bidders 
shall submit a written sealed bid at least equal to the minimum 
acceptable bid prices specified in the prospectus. No price subsequently 
bid at oral auction shall be accepted if it is less than the written 
sealed bid.
    (c) The Chief, Forest Service, shall specify the use of sealed bids 
or a mix of bidding methods in areas where he has reasonable belief that 
collusive bidding may be occurring or where he determines that less than 
normal competitive bidding is occurring.
    (d) Sealed bids shall be used for sales within Federal Sustained 
Yield Units, except where the policy statement for the Unit restricts 
purchasers of timber within the Unit from buying National Forest timber 
outside the Unit and the Chief determines that oral bidding will protect 
individual communities within the Unit.
    (e) The Chief, Forest Service, may authorize departures from the 
requirements of paragraphs (c) and (d) of this section when he 
determines that departures are necessary to protect the public interest.
    (f) The Chief, Forest Service, may authorize the testing and 
evaluation of alternative bidding methods for National Forest timber.
[43 FR 21882, May 22, 1978. Redesignated at 49 FR 2761, Jan. 23, 1984. 
Further redesignated and amended at 50 FR 32696, Aug. 14, 1985]



Sec. 223.89  Relation to other bidders.

    Any bidder or applicant for 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 of 
stockholders or members of the firm, and the holders of bonds, notes or 
other evidences of indebtedness, so far as known, so that the statement 
will show the extent of the interest of each in the bidder or applicant.
[44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2761, Jan. 23, 1984 
and 50 FR 32696, Aug. 14, 1985]

                           Award of Contracts



Sec. 223.100  Award to highest bidder.

    The sale of advertised timber 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 is made to reject all bids.
    (b) Two or more bidders, all of whom meet the requirements, submit 
equal bids which are the highest bids, in which case award may be by the 
drawing of lots. Equal bids from parties having direct or indirect 
common control or association in logging, processing or marketing may be 
consolidated to the extent deemed necessary by the awarding officer in 
order to give to any others who have bid the same amount an equitable 
opportunity in the drawing of lots.
    (c) The highest bidder is notoriously or habitually careless with 
fire.
    (d) Monopoly, injurious to the public welfare, would result from the 
control of large amounts of public or of public and private timber.
    (e) The high bidder has elected Forest Service road construction in 
response to an advertisement extending such an option, the Forest 
Service cannot perform the construction and in response to solicitation 
has not received a satisfactory bid for such construction within the 
period stated in the prospectus and the high timber sale bidder is 
unwilling to perform the construction.
[44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2761, Jan. 23, 1984, 
and amended at 50 FR 32696, Aug. 14, 1985; 53 FR 33132, Aug. 30, 1988]



Sec. 223.101  Determination of purchaser responsibility.

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

[[Page 114]]

purchaser is responsible, the Contracting Officer shall conclude that 
the prospective purchaser does not qualify as a responsible purchaser.
    (b) To determine a purchaser to be responsible, a Contracting 
Officer must find that:
    (1) The purchaser has adequate financial resources to perform the 
contract or the ability to obtain them;
    (2) The purchaser is able to perform the contract within the 
contract term taking into consideration all existing commercial and 
governmental business commitments;
    (3) The purchaser has a satisfactory performance record on timber 
sale contracts. A prospective purchaser that is or recently has been 
seriously deficient in contract performance shall be presumed not to be 
responsible, unless the Contracting Officer determines that the 
circumstances were beyond the purchaser's control and were not created 
through improper actions by the purchaser or affiliate, or that the 
purchaser has taken appropriate corrective action. Past failure to apply 
sufficient tenacity and perseverance to perform acceptably under a 
contract is strong evidence that a purchaser is not a responsible 
contractor. The Contracting Officer shall consider the number of 
contracts involved and extent of deficiency of each in making this 
evaluation;
    (4) The purchaser has a satisfactory record of integrity and 
business ethics;
    (5) The purchaser has or is able to obtain equipment and supplies 
suitable for logging the timber and for meeting the resource protection 
provisions of the contract;
    (6) The purchaser is otherwise qualified and eligible to receive an 
award under applicable laws and regulations.
    (c) If the prospective purchaser is a small business concern and the 
Contracting Officer determines that the purchaser does not qualify as a 
responsible purchaser on an otherwise acceptable bid, the Contracting 
Officer shall refer the matter to the Small Business Administration 
which will decide whether or not to issue a Certificate of Competency.
    (d) Affiliated concerns, as defined in Sec. 223.49(a)(5) of this 
subpart are normally considered separate entities in determining whether 
the concern that is to perform the contract meets the applicable 
standards for responsibility. However, the Contracting Officer shall 
consider an affiliate's past performance and integrity when they may 
adversely affect the prospective purchaser's responsibility.
[53 FR 33132, Aug. 30, 1988]



Sec. 223.102  Procedures when sale is not awarded to highest bidder.

    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 the requirements under which the timber 
was advertised or the withholding of award to him is based on one or 
more of paragraphs (c), (d), and (e) of Sec. 223.100, award at the 
highest price bid may be offered to the next highest qualified bidder or 
to the other qualified bidders in order of their bids until the award is 
accepted by one or refused by all of the qualified bidders.

(92 Stat. 1301, Pub. L. 95-465)

[44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2761, Jan. 23, 1984, 
and 53 FR 33132, Aug. 30, 1988]



Sec. 223.103  Award of small business set-aside sales.

    If timber is 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 been determined by 
the Small Business Administration to be ineligible for preferential 
award of set-aside sales. If there are no qualified small business 
bidders any readvertisement shall be without restriction on the size of 
bidders.

(92 Stat. 1301, Pub. L. 95-465)

[44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2761, Jan. 23, 1984, 
and 53 FR 33132, Aug. 30, 1988]

                         Contract Administration



Sec. 223.110  Delegation to regional forester.

    The Chief, Forest Service, after approval of conditions of sale, may 
authorize Regional Foresters formally to

[[Page 115]]

execute timber sale contracts and related papers in sales exceeding the 
volume which the Regional Forester has been authorized to sell.



Sec. 223.111  Administration of contracts in designated disaster areas.

    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 of National Forest timber in connection with 
areas damaged by major disaster as designated by the President pursuant 
to the Act.
    (a) Where an existing contract for the sale of National Forest 
timber does not provide relief from major physical change not due to 
purchaser's negligence prior to approval of construction of any section 
of specified road or other specified development facility and, as a 
result of a major disaster in a designated area a major physical change 
results in additional construction work by the purchaser in connection 
with such a road or facility, the United States shall bear such 
increased construction cost if, as determined by the Chief, Forest 
Service, the estimated cost is--
    (1) More than $1,000 for sales under 1 million board feet, or
    (2) More than $1 per thousand board feet for sales of 1 to 3 million 
board feet, or
    (3) More than $3,000 for sales over 3 million board feet.
    (b) Where the Chief, Forest Service, determines that damages are so 
great that restoration, reconstruction, or construction is not practical 
under the cost-sharing arrangement in paragraph (a) of this section, he 
may allow cancellation of the contract notwithstanding provisions 
therein or in Sec. 223.116.
    (c) The Chief, Forest Service, is authorized to reduce to 7 days the 
minimum time to advertise the sale of National Forest timber whenever he 
determines that--
    (1) The sale of such timber will assist in the construction of any 
area of a State damaged by a major disaster,
    (2) The sale of such timber will assist in sustaining the economy of 
such area, or
    (3) The sale of such timber is necessary to salvage the value of 
timber damaged in such major disaster or to protect undamaged timber.
    (d) Any request for relief under paragraph (a) or (b) of this 
section shall be made in writing to the Forest Supervisor having 
administrative responsibility for the land involved.

(Sec. 242 (a), (b), and (c), 84 Stat. 1756, 42 U.S.C. 4461)



Sec. 223.112  Modification of contracts.

    Timber sale contracts may 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 officer 
approving the sale, by his successor, or by his superior, except as 
provided in Sec. 223.110.



Sec. 223.113  Modification of contracts to prevent environmental damage or to conform to forest plans.

    Timber sale contract, permits, and other such instruments may be 
modified to prevent environmental damage or to make them consistent with 
amendments or revisions of land and resource management plans adopted 
subsequent to award or issuance of a timber sale contract, permit, or 
other such instrument. Compensation to the purchaser, if any, for 
modifications to a contract shall be made in accordance with provisions 
set forth in the timber sale contract. When determining compensation 
under a contract, timber payment rates shall be redetermined in 
accordance with appraisal methods in Sec. 223.60 of this subpart.
[61 FR 64816, Dec. 9, 1996]



Sec. 223.114  Acquisition by third party.

    No agreement permitting a 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 approving 
the sale, his successor, or superior officer. Such approval shall not 
relieve the purchaser of his responsibilities or liabilities under the 
timber sale contract and may be given only if--
    (a) The third party is acceptable to the Forest Service as a 
purchaser of timber under the conditions and requirements then in effect 
for similar

[[Page 116]]

timber sales and assumes in writing all of the obligations to the Forest 
Service under the terms of the timber sale contract as to the 
uncompleted portion thereof, or
    (b) The rights are acquired in trust as security and subject to such 
conditions as may be necessary for the protection of the public 
interests.



Sec. 223.115  Contract extensions.

    The term of any contract or permit 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 of operation; or
    (b) That the substantial overriding public interest justifies the 
extension.



Sec. 223.116  Cancellation.

    (a) Timber sale contracts and permits 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 to the United States or not prejudicial to 
its interests.
    (3) Upon application of the purchaser if the value of the timber 
remaining to be cut is diminished materially because of catastrophic 
damage caused by forces beyond the control of the purchaser resulting in 
(i) physical change in the sale area or access to it, or (ii) damage to 
timber remaining to be cut.
    (4) For conviction of violation of criminal statutes or, following 
final agency or judicial determination, of violation of civil standards, 
orders, permits, or others regulations for the protection of 
environmental quality issued by a Federal agency, State agency, or 
political subdivision thereof, in the conduct of operations thereunder, 
on National Forest System land, unless compliance with such laws or 
regulations would preclude performance of other contractual 
requirements.
    (5) Upon determination by the Chief, Forest Service, that operations 
thereunder would result in serious environmental degradation or resource 
damage and with reasonable compensation to the purchaser for unrecovered 
costs incurred under the contract and the difference between the current 
contract value and the average value of comparable National Forest 
timber sold during the preceding 6-month period.
    (b) Cancellation will be by the Chief, Forest Service. Authority to 
cancel contracts under paragraph (a)(1) through (4) of this section may 
be delegated to Regional Foresters for sales within their authorization. 
All contract cancellations under paragraph (a)(5) of this section shall 
be by the Chief, Forest Service, whose decision shall be the final 
agency decision.
[42 FR 28252, June 2, 1977, as amended at 48 FR 23819, May 27, 1983. 
Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.117  Administration of cooperative or Federal sustained yield units.

    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 Service, with authority to delegate to other 
officers and employees of the Forest Service:
    (a) Shall provide that National Forest timber in any sustained yield 
unit shall be available in sufficient amounts to meet the needs of bona 
fide farmers, settlers, miners, residents and prospectors for minerals 
for personal and domestic use as provided by law and by regulation.
    (b) May offer for sale to cooperators, without competition but at 
not less than appraised value, timber on National Forest lands within an 
approved cooperative sustained yield unit; or, if the approved sustained 
yield unit consists entirely of federally owned or administered forest 
land and if necessary for the maintenance of a stable community or 
communities, may offer National Forest timber for sale to responsible 
operators within such community or communities, at not less than 
appraised value but without competition or with competition restricted 
to responsible operators who will manufacture the timber to at least a 
stated degree within the community or communities to be maintained. Each 
such sale which involves more than $500 in stumpage value may be made 
only after notice has been given in advance

[[Page 117]]

by such means as may be deemed effective in informing the public of the 
proposed action, including in any event, publication, once weekly for 
four consecutive weeks and with additional insertions if needed, in one 
or more newspapers of general circulation in the vicinity of the place 
where the timber is located, of a notice of the proposed sale stating at 
least:
    (1) The location, estimated quantity and appraised value of the 
timber to be cut;
    (2) The name and address of the proposed purchaser or those of the 
operators among whom bidding is to be restricted;
    (3) The time and place of a public advisory hearing on the proposed 
sale, to be held not earlier than 30 days after the first publication of 
said notice, if requested by the State or county where the timber is 
located or by any other person deemed to have a reasonable interest in 
the proposed sale or in its terms; and
    (4) The title and address of the officer of the Forest Service to 
whom any request for such hearing should be made.

Such requests need be considered only if received at the place 
designated in the notice not later than 15 days after the first 
publication of such notice. If a public advisory hearing is to be held, 
notice of it shall be published in the same newspaper or newspapers as 
the original notice, stating the place where it will be held and the 
time, which shall not be earlier than 10 days after the first 
publication of the said notice of hearing, and shall appear once each 
week, but not for more than four successive weeks in any event, until 
the date set for the hearing. Any such hearing shall be conducted by the 
Chief or by any officer designated by him as his representative, except 
that if the amount of the proposed sale is not in excess of that which 
the Regional Forester has been authorized to sell without prior approval 
of the Chief the hearing may be held by the Regional Forester concerned 
or by his representative and decision may be by the Regional Forester. 
At any such hearing, opportunity shall be given to those having a 
reasonable interest to make oral statements or to file written 
statements discussing the advantages and disadvantages of the proposed 
sale; and the officer holding the hearing may, in his discretion, permit 
the filing of such statements within a reasonable period after the close 
of the hearing to become part of the record for consideration before a 
decision is made.
    (c) Shall keep available for public inspection,
    (1) During the life of any sustained yield unit, the minutes or 
other record of the hearing held on the establishment thereof, and the 
determination of action taken following the hearing including any 
modification of the proposals as submitted at the hearing; and
    (2) During the life of any cooperative agreement for coordinated 
management the similar record of the hearings and actions determined 
upon; and
    (3) During the life of any sustained yield unit the similar record 
of any public hearing which may be held on a sale made without 
competition or with restricted competition and the action determined 
upon. Such records of any case may be kept in any office of the Forest 
Service designated by the Chief as being suitable and convenient of 
access for probably interested persons.
    (d) Shall make provision, in any contract for the purchase of timber 
without competition or with restricted competition, if that contract is 
of more than 7 years' duration and in his discretion in any case of 
shorter duration, for the redetermination of rates for stumpage and for 
required deposits to be paid by the purchasers, such redetermination to 
be effective at intervals or dates stated in the contract; but the sum 
of such redetermined rates for stumpage and sale area betterment shall 
not be less than the base rates in the published notice of the proposed 
sale.
    (e) May modify and revise existing cooperative agreements entered 
into under said act after taking appropriate action.



Sec. 223.118  Appeal process for small business timber sale set-aside program share recomputations.

    (a) Decisions subject to appeal. The rules of this section govern 
appeal of decisions about structural, special, market change, or the 
scheduled five-

[[Page 118]]

year recomputations of the small business share of timber sales. Only 
those timber sale purchasers who have submitted written comments to the 
Responsible Official on the draft recomputed share decision, or their 
representatives, are eligible to appeal a decision.
    (b) Manner of giving notice--(1) Predecisional notice and comment. 
Qualifying timber sale purchasers that may be affected by recomputations 
shall be given 30 days for predecisional review and comment on any draft 
decision to reallocate shares, including the data used in making the 
proposed recomputation decision.
    (2) Notice of Decision. Upon close of the 30-day review period, the 
Responsible Official shall consider any comments reviewed. Within 15 
days following the end of the comment period, the Responsible Official 
shall make the decision on the small business shares and shall give 
prompt written notice to all parties on the national forest timber sale 
bidders list for the affected area. The notice shall identify the name 
of the Appeal Deciding Officer to whom an appeal of the decision may be 
filed, the address, the date by which an appeal must be filed, and where 
the purchaser may obtain the appeal procedure and requirements.
    (c) Who may appeal. Only timber sale purchasers affected by 
recomputations of the small business share of timber sales, or their 
representatives, who have submitted predecisional comments pursuant to 
paragraph (b)(1) of this section may appeal recomputation decisions 
under this section. Intervenors are not allowed in appeals under this 
section.
    (d) Level of appeal. Only one level of review is available for 
appeal of decisions pertaining to recomputations under the Small 
Business Timber Set-Aside Program. The Appeal Deciding Officer is the 
official one level above the level of the Responsible Official who made 
the recomputation of shares decision. The Responsible Official is 
normally the Forest Supervisor; thus, the Appeal Deciding Officer is 
normally the Regional Forester. However, when the Regional Forester 
makes recomputation decisions, the Appeal Deciding Officer is the Chief 
or such officer at the National headquarters level as the Chief may 
designate.
    (e) Filing procedures. In order to file an appeal under this 
section, an appellant must file a notice of appeal, as specified in the 
notice of decision, with the Appeal Deciding Officer within 20 days of 
the date on the notice of the decision. This date shall be specified in 
the notice of decision given pursuant to paragraph (b)(2) of this 
section.
    (f) Content of notice of appeal. (1) It is the responsibility of the 
appellant to provide sufficient narrative evidence and argument to show 
why a recomputation decision by the Responsible Official should be 
reversed or changed.
    (2) An appellant must include the following information in a notice 
of appeal:
    (i) The appellant's name, mailing address, and daytime telephone 
number;
    (ii) The title or type of recomputation decision involved, the date 
of the decision, and the name of the Responsible Official;
    (iii) A brief description and date of the decision being appealed;
    (iv) A statement of how the appellant is adversely affected by the 
decision being appealed;
    (v) A statement of the facts in dispute in the issue(s) raised by 
the appeal;
    (vi) Specific references to any law, regulation, or policy that the 
appellant believes to have been violated and the basis for such as 
allegation;
    (vii) A statement as to whether and how the appellant has tried to 
resolve with the Responsible Official the issue(s) being appealed, 
including evidence of submission of written comments at the 
predecisional stage as provided by paragraph (a) of this section, the 
date of any discussion, and the outcome of that meeting or contact; and
    (viii) A statement of the relief the appellant seeks.
    (g) Time periods and timeliness. (1) All time periods applicable to 
this section will begin on the first day following a decision or action 
related to the appeal.
    (2) Time periods applicable to this section are computed using 
calendar days. Saturdays, Sundays, or Federal holidays are included in 
computing the

[[Page 119]]

time allowed for filing an appeal; however, when the filing period would 
expire on a Saturday, Sunday, or Federal holiday, the filing time is 
automatically extended to the end of the next Federal working day.
    (3) It is the responsibility of those filing an appeal to file the 
notice of appeal by the end of the filing period. In the event of 
questions, legible postmarks on a mailed appeal or the time and date 
imprint on a facsimile appeal will be considered evidence of timely 
filing. Where postmarks or facsimile imprints are illegible, the Appeal 
Deciding Officer shall rule on the timeliness of the notice of appeal.
    (4) Time for filing a notice of appeal is not extendable.
    (h) Dismissal without decision. The Appeal Deciding Officer shall 
dismiss an appeal and close the record without a decision in any of the 
following circumstances:
    (1) The appellant is not on the timber sale bidders list for the 
area affected by the recomputation decision;
    (2) Appellant's notice of appeal is not filed within the required 
time period; or
    (3) The appellant did not submit written comments on the proposed 
decision of the new recomputed shares as required by paragraph (c) of 
this section.
    (i) Appeal record. The appeal record consists of the written 
decision being appealed, any predecisional comments received, any other 
supporting data used to make the decision, the notice of appeal, and if 
prepared, a responsive statement by the Responsible Official which 
addresses the issues raised in the notice of appeal. The Responsible 
Official must forward the record within 7 days of the date the notice of 
appeal is received. A copy of the appeal record will be simultaneously 
submitted to the appellant.
    (j) Appeal decision. The Appeal Deciding Officer shall review the 
decision and appeal record and issue a written appeal decision to the 
parties within 30 days of the close of the appeal period. The Appeal 
Officer may affirm or reverse the Responsible Official's decision, in 
whole or in part. There is no extension of the time period for the 
appeal decision. If the decision is not rendered within the required 30 
days, the existing decision is automatically affirmed. The Appeal 
Deciding Officer's decision or the failure of the Appeal Deciding 
Officer to decide within the required 30 days constitutes the final 
administrative decision of the Department of Agriculture.
    (k) Implementation of decisions during pendency of appeal. 
Recomputation of shares arising from a scheduled five-year recomputation 
are effective on April 1 following the end of the five-year period being 
considered. If an appeal that may affect the shares for the next five-
year period is not resolved by the April 1 date, the share decision 
announced by the Responsible Official shall be implemented. If an appeal 
decision results in a change in the shares, the revised total share of 
the Small Business Timber Sale Set-Aside Program shall be accomplished 
during the remaining portion of the five-year period.
    (l) Timber sale set-aside policy changes. Timber purchasers shall 
receive an opportunity, in accordance with all applicable laws and 
regulations, to review and comment on significant changes in the Small 
Business Timber Sale Set-Aside program or policy prior to adoption and 
implementation.
[62 FR 13829, Mar. 24, 1997]

    Effective Date Note: At 62 FR 13829, Mar. 24, 1997, Sec. 223.118 was 
added. Paragraph (f) of this section contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



        Subpart C--Suspension and Debarment of Timber Purchasers

    Source: 52 FR 43329, Nov. 12, 1987, unless otherwise noted.



Sec. 223.130  Scope.

    (a) This subpart prescribes policies and procedures governing the 
debarment and suspension of purchasers of National Forest System timber. 
This subpart further prescribes policies and procedures governing those 
persons who violate the Forest Resources Conservation and Shortage 
Relief Act of 1990 (16 U.S.C. 620, et seq.).
    (b) It provides for the listing of debarred and suspended 
purchasers.

[[Page 120]]

    (c) It sets forth the causes and procedures for debarment and 
suspension and for determining the scope, duration, and treatment to be 
accorded to purchasers listed as debarred or suspended.
[52 FR 43329, Nov. 12, 1987, as amended at 60 FR 46921, Sept. 8, 1995]



Sec. 223.131  Applicability.

    These regulations apply to 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 seq.). 
These regulations do not apply to Forest Service procurement contracts 
which are governed by regulations at 41 CFR 4-1.6.
[60 FR 46921, Sept. 8, 1995]



Sec. 223.132  Policy.

    (a) The Forest Service shall solicit and consider timber sale bids 
from and award contracts only to responsible business concerns and 
individuals. Debarment and suspension by the Forest Service are 
discretionary actions that, taken in accordance with these regulations, 
are appropriate means to effectuate this policy.
    (b) Debarment and suspension shall be imposed only for the causes 
and in accordance with the procedures set forth in this subpart. The 
serious nature of debarment and suspension requires that these actions 
be imposed only in the public interest, for the Government's protection, 
and not for the purpose of punishment.
    (c) Debarment and suspension actions taken under this subpart shall 
be based on the administrative record, including any submissions and 
argument made by the purchaser or named affiliate in accordance with 
this subpart, and shall be limited in scope and duration to that 
necessary to protect the Government's interest.



Sec. 223.133  Definitions.

    As used in this subpart, the following terms shall have the meanings 
set forth below:
    Adequate evidence means information sufficient to support the 
reasonable belief that a particular act or omission has occurred.
    Affiliates are business concerns or persons, whose relationship 
entails the following:
    (a) Either party directly or indirectly controls or has the power to 
control the other; or
    (b) A third party directly or indirectly controls or has the power 
to control both. In determining whether affiliation exists, the Forest 
Service shall consider all appropriate factors, including, but not 
limited to, common ownership, common management, common facilities, and 
contractual relationships. Further guidelines to be used in determining 
affiliation are found in the Small Business Administration regulation in 
13 CFR 121.401.
    Civil judgment means a judgment or finding of a civil offense by any 
court of competent jurisdiction.
    Control means the power to exercise, directly or indirectly, a 
controlling influence over the management, policies, or activities of an 
individual or business concern, whether through ownership of voting 
securities, through one or more intermediary individuals or business 
concerns, or otherwise.
    Conviction means a judgment or conviction of a criminal offense by 
any court of competent jurisdiction, whether entered upon a verdict or a 
plea, and includes a conviction entered upon a plea of nolo contendere.
    Debarment means action taken by a debarring official under 
Secs. 223.136 through 223.140 to exclude a purchaser from Forest Service 
timber sale contracts for a reasonable, specified period of time. A 
purchaser so excluded is ``debarred.'' Debarment pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq. means action taken by a debarring official under Secs. 223.136-
223.140 to exclude persons from entering into any contract for the 
purchase of unprocessed timber originating from Federal lands and from 
taking delivery of unprocessed Federal timber purchased by another party 
for the period of debarment.
    Debarring official means the Chief of the Forest Service or the 
Deputy Chief, National Forest System, or the Associate Deputy Chief, 
Resources Divisions, National Forest System.

[[Page 121]]

    Federal lands means, for the purposes of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.), 
lands that are owned by the United States, but does not include any 
lands the title to which is:
    (a) Held in trust by the United States for the benefit of any Indian 
tribe or individual,
    (b) Held by any Indian tribe or individual subject to a restriction 
by the United States against alienation, or
    (c) Held by any Native Corporation as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
    Indictment means indictment for a criminal offense. An information 
or other filing by competent authority charging a criminal offense shall 
be given the same effect as an indictment.
    Legal proceedings means any civil judicial proceeding to which the 
Government is a party or any criminal proceeding. The term includes 
appeals from such proceedings.
    Notice means a written communication served in person or sent by 
certified mail, return receipt requested, or its equivalent, to the last 
known address of a party, its identified counsel, or agent for service 
of process. In the case of an organization, such notice may be sent to 
any partner, principal officer, director, owner or co-owner, or joint 
venturer.
    Person means any individual, partnership, corporation, association, 
or other legal entity, and includes any subsidiary, subcontractor, 
parent company, and business affiliates.
    Preponderance of the evidence means proof by information that, 
compared with that opposing it, leads to the conclusion that the fact at 
issue is more probably true than not.
    Purchaser means any person, who:
    (a) Submits bids for, is awarded, or reasonably may be expected to 
submit bids for or be awarded, a Forest Service timber sale contract;
    (b) Conducts business with the Forest Service as an agent or 
representative of another timber sale purchaser; or
    (c) For the purposes of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act), any person 
who violates the Act or any regulation or contract issued under the Act, 
or any person who may reasonably be expected to enter into a contract to 
purchase or receive delivery of unprocessed Federal timber in violation 
of the Act or its implementing regulations.
    Suspending official means the Chief of the Forest Service or the 
Deputy Chief, National Forest System or the Associate Deputy Chief, 
Resources Divisions, National Forest System.
    Suspension means action taken by a suspending official under 
Secs. 223.141 through 223.145 to immediately exclude a purchaser from 
bidding on or purchasing National Forest System timber for a temporary 
period of time pending completion of an investigation and such legal or 
debarment proceedings as may ensue; a purchaser so excluded is 
suspended.
[52 FR 43329, Nov. 12, 1987, as amended at 60 FR 46921, Sept. 8, 1995]



Sec. 223.134  List of debarred and suspended purchasers.

    (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, or proposed for debarment. This 
list shall be distributed to all Regional Foresters and Forest 
Supervisors, the General Services Administration, the General Accounting 
Office, the Bureau of Land Management and other Federal agencies 
requesting said list.
    (b) The Forest Service list shall contain the following information:
    (1) The purchaser's name and address, and the name and address of 
any affiliate of the purchaser included pursuant to Secs. 223.140(a) or 
Sec. 223.145.
    (2) The cause(s) for the action (see Secs. 223.137 and 223.142).
    (3) Any limitations to or deviations from the normal effect of 
debarment or suspension.
    (4) The effective date of the action and, in the case of debarment, 
the expiration date.
    (5) The name and telephone number of the point of contact in the 
Forest Service regarding the action.

[[Page 122]]



Sec. 223.135  Effect of listing.

    (a) Except as otherwise provided 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 sale 
contracts. The Forest Service shall not knowingly solicit or consider 
bids from, award contracts to, approve a third party agreement with, or 
renew or otherwise extend, except pursuant to the terms of a contract 
term adjustment, an existing timber sale contract with these purchasers, 
unless the Chief of the Forest Service or authorized representative 
determines, in writing, that there is a compelling reason for such 
action.
    (b) In addition to the provisions of paragraph (a) of this section, 
persons debarred pursuant to Sec. 223.137(g) shall be prohibited from 
entering into any contract to purchase unprocessed timber from Federal 
lands and shall also be precluded from taking delivery of Federal timber 
purchased by another person for the period of debarment.
[60 FR 46921, Sept. 8, 1995]



Sec. 223.136  Debarment.

    (a) General. In accordance with 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 a cause 
for debarment does not necessarily require that the purchaser be 
debarred. In making any debarment decision, the debarring official shall 
consider the seriousness of the purchaser's acts or omissions and any 
mitigating factors.
    (b) Effect of proposed debarment. (1) Upon issuance of a notice of 
proposed debarment by the debarring official and until the final 
debarment decision is rendered, the Forest Service shall not solicit or 
consider bids from, award contracts to, approve a third party agreement 
with, renew or otherwise extend, except pursuant to the terms of a 
contract term adjustment, any contract with that purchaser. The Chief of 
the Forest Service or authorized representative may waive this exclusion 
upon a written determination identifying compelling reasons to continue 
doing business with that purchaser pending completion of debarment 
proceedings.
    (2) In addition to paragraph (b)(1) of this section, issuance of a 
notice of proposed debarment under Sec. 223.137(g) shall preclude such 
person from entering into any contract to purchase unprocessed timber 
originating from Federal lands, and from taking delivery of unprocessed 
Federal timber from any other party who purchased such timber.
[52 FR 43329, Nov. 12, 1987, as amended at 60 FR 46921, Sept. 8, 1995]



Sec. 223.137  Causes for debarment.

    The debarring official may debar a purchaser for any of the 
following causes:
    (a) Conviction of or civil judgment for:
    (1) Theft, forgery, bribery, embezzlement, falsification or 
destruction of records, making false statements, or receiving stolen 
property;
    (2) Fraud, a criminal offense, or violation of Federal or State 
antitrust laws, any of which occurred in connection with obtaining, 
attempting to obtain, or performing a public contract or subcontract.
    (3) Any other offense indicating a lack of business integrity or 
honesty that seriously and directly affects the present responsibility 
of the purchaser.
    (b) A purchaser's debarment from the purchase of timber by another 
Federal agency which sells timber.
    (c) Cutting and/or removal of more than incidental volumes of timber 
not designated for the purchaser's cutting from a national forest.
    (d) Substantial violation of the terms of one or more Forest Service 
timber sale contracts so serious as to justify debarment, such as:
    (1) Willful failure to perform in accordance with contract; or
    (2) A history of failure to perform contract terms; or of 
unsatisfactory performance of contract terms.
    (e) Among actions the Forest Service regards as so serious as to 
justify debarment under paragraph (d) of this section are willful 
violation or repeated failure to perform National Forest System timber 
sale contract provisions relating to the following:

[[Page 123]]

    (1) Fire suppression, fire prevention, and the disposal of slash;
    (2) Protection of soil, water, wildlife, range, cultural, and timber 
resources and protection of improvements when such failure causes 
significant environmental, resource, or improvements damage;
    (3) Removal of designated timber when such failure causes 
substantial product deterioration or conditions favorable to insect 
epidemics;
    (4) Observance of restrictions on exportation of timber;
    (5) Observance of restrictions on the disposal of timber from small 
business set-aside sales;
    (6) Providing access to the Forest Service upon its request to 
purchaser's books and accounts;
    (7) Payment of monies due under terms of a Forest Service timber 
sale contract, including payment of damages relating to failure to cut 
designated timber by the contract termination date;
    (8) Performance of contract by the contract termination date.
    (f) Any other cause so serious or compelling that if affects the 
present responsibility of a purchaser of Government timber.
    (g) Violation of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act) or any regulation or 
contract issued under the Act.
[52 FR 43329, Nov. 12, 1987, as amended at 60 FR 46921, Sept. 8, 1995]



Sec. 223.138  Procedures for debarment.

    (a) Investigation and referral. Information which may be sufficient 
cause for debarment of a timber sale purchaser and affiliates shall be 
reported to the Forest Service Debarring Official. Generally, such 
information should be referred through the Forest Supervisor and the 
Regional Forester. The referral shall be accompanied by a complete 
statement of the facts supported by appropriate exhibits and a 
recommendation for action. Where the statement of facts indicates a 
possible criminal offense, except possible antitrust violations, the 
debarring official shall notify the Office of Inspector General, USDA. 
Where the statement of facts indicates a possible antitrust violation, 
the debarring official shall notify the Antitrust Division, Department 
of Justice.
    (b) Decisionmaking process--(1) Notice of proposal to debar. The 
debarring official shall initiate debarment by advising the purchaser 
and any specifically named affiliate, by certified mail, return receipt 
requested. The notice document shall include the following information:
    (i) That debarment is being considered.
    (ii) The reasons for the proposed debarment in terms sufficient to 
put the recipient on notice of the conduct or transaction(s) upon which 
it is based.
    (iii) The cause(s) relied upon under Sec. 223.137 for proposing 
debarment.
    (iv) The specific procedures governing debarment decisionmaking in 
Sec. 223.138 (b)(1) through (b)(8).
    (v) The effect of the issuance of the notice of proposed debarment 
pending a final debarment decision (see Sec. 223.136(b)).
    (vi) The potential effect of a debarment.
    (2) Submission in opposition. Within 30 calendar days after receipt 
of the notice of proposed debarment, the respondent my submit, in 
person, in writing, or through a representative, information and 
argument in opposition to and/or in mitigation of the proposed 
debarment, including any additional specific information that raises a 
genuine dispute over the material facts.
    (3) Informal hearing. Pursuant to paragraph (b)(2) of this section, 
a respondent may request an informal hearing with the debarring offical. 
The informal hearing shall be held within 20 calendar days from the date 
the request is received. The debarring official may postpone the date of 
the hearing if the respondent requests a postponement in writing. At the 
hearing, the respondent, appearing personally or through an attorney or 
other authorized representative, may informally present and explain 
evidence that causes for debarment do not exist, evidence of any 
mitigating factors, and arguments concerning the imposition, scope, 
duration or effects of proposed debarment or debarment. A transcript of 
the informal hearing shall not be required.

[[Page 124]]

    (4) Additional proceedings as to disputed material facts. In actions 
not based upon a conviction or civil judgment, if the debarring official 
finds that and gives notice that the submission in opposition raises a 
genuine dispute over facts material to the proposed debarment, 
respondent(s) may request a fact-finding conference on those disputed 
material facts. Such a conference shall be held within 20 calendar days 
from the date the request is received unless mutually agreed otherwise. 
The fact-finding conference shall conform with the following 
requirements:
    (i) At least 10 days before the fact-finding conference, the 
debarring official shall send the respondent a copy of all documents in 
the administrative record as of the date of transmittal and not objected 
to by the Department of Justice.
    (ii) At the conference, the respondent shall have the opportunity to 
appear with counsel, submit documentary evidence, present witnesses, and 
confront any person the Forest Service presents.
    (iii) A transcribed record of any additional proceedings shall be 
made available at cost to the respondent upon request, unless the 
respondent and the Forest Service, by mutual agreement, waive the 
requirement for a transcript.
    (5) Debarring official's decision--(i) No additional proceedings 
necessary. In actions based upon a conviction or civil judgement or in 
which there is no genuine dispute over material facts, the debarring 
official shall make a decision on the basis of all the information in 
the administrative record, including any submission made by the 
purchaser or any specifically named affiliate. The decision shall be 
made within 30 working days after receipt of any information and 
argument submitted, unless the debarring official extends this period 
for good cause.
    (ii) Additional proceedings necessary. (A) In actions in which 
additional proceedings are necessary to determine disputed material 
facts, the debarring official shall promptly prepare written findings of 
fact. The debarring official shall base the decision on the facts as 
found, together with any information and argument submitted by the 
purchaser or any specifically named affiliate and any other information 
in the administrative record.
    (B) The debarring official may refer matters involving disputed 
material facts to another official for findings of fact. The debarring 
official may reject any such findings, in whole or in part, only after 
specifically determining them to be arbitrary and capricious or clearly 
erroneous.
    (C) The debarring official's decision shall be made after the 
conclusion of the proceedings with respect to disputed facts.
    (6) Standard of evidence. In any action in which the proposed 
debarment is not based upon a conviction or civil judgment, the cause 
for debarment must be established by a preponderance of the evidence. In 
any action in which the proposed debarment is based upon a conviction or 
civil judgment, the standard shall be deemed to have been met.
    (7) Notice of debarring official's decision. (i) The purchaser and 
any affiliates involved shall be given prompt notice of the debarring 
official's decision by certified mail, return receipt requested. If the 
debarring official decides to impose debarment, the notice shall:
    (A) Refer to the notice of proposed debarment:
    (B) Specify the reasons for debarment;
    (C) State the period of debarment, including effective dates (see 
Sec. 223.139);
    (D) Specify any limitations on the terms of the debarment; and
    (E) State that any decision to debar is appealable to the 
Agriculture Board of Contract Appeals pursuant to paragraph (b)(8) of 
this section.
    (ii) The debarring official shall also promptly notify Regional 
Foresters and Forest Supervisors of the decision.
    (8) Review of debarring official's decision. The purchaser and any 
affiliates involved may appeal a Forest Service debarring official's 
decision to debar within 30 days from receipt of the decision. To 
appeal, a purchaser and any affiliates involved must furnish a written 
notice to the U.S. Department of Agriculture Board of Contract Appeals, 
Washington, DC 20250, and a copy of the appeal to the debarring official 
from whose decision the appeal is taken. The

[[Page 125]]

rules and procedures of the U.S. Department of Agriculture Board of 
Contract Appeals set forth in 7 CFR part 24, govern debarment appeals.



Sec. 223.139  Period of debarment.

    (a) Debarment shall 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 of proposed debarment in determining 
the debarment period.
    (2) Generally, a debarment for those causes listed at Sec. 223.137 
(a)-(f) of this subpart should not exceed three (3) years, except as 
otherwise provided by law.
    (3) A debarment for the causes listed at Sec. 223.137(g) shall not 
exceed five (5) years.
    (b) The debarring official may extend the debarment for those causes 
listed at Sec. 223.137 (a)-(f) of this subpart for an additional period 
if that official determines that an extension is necessary to protect 
the Government's interest. However:
    (1) A debarment may not be extended solely on the basis of the facts 
and circumstances upon which the initial debarment action was based;
    (2) If debarment for an additional period is necessary, the 
debarring official shall initiate and follow the procedures in 
Sec. 223.138 to extend the debarment.
    (c) The debarring official may consider terminating the debarment or 
reducing the period or extent of debarment, upon the purchaser's 
request, supported by documentation, for reasons such as:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or judgment upon which the debarment 
was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination of other causes for which the debarment was imposed; 
or
    (5) Other reasons the debarring official deems appropriate.
    (d) The debarring official shall make final disposition of a 
reconsideration request under paragraph (c) of this section in writing 
within 30 working days of receipt of the reconsideration request and 
supporting documentation, unless the debarring official extends this 
period for good cause. The notice of the decision shall set forth the 
reasons for granting or denying the request.
[52 FR 43329, Nov. 12, 1987, as amended at 60 FR 46921, Sept. 8, 1995]



Sec. 223.140  Scope of debarment.

    (a) Scope in general. (1) 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 to 
specific divisions, organizational elements, or classes of sales.
    (2) The debarring official may extend a debarment decision to 
include any affiliates of the purchaser, if they are--
    (i) Specifically named and
    (ii) Given written notice of the proposed debarment and provided an 
opportunity to respond (see Sec. 223.138(b)).
    (b) Imputing conduct. For purposes of determinig the scope of 
debarment, conduct may be imputed as follows:
    (1) The fraudulent, criminal, or other seriously improper conduct of 
any officer, director, shareholder, partner, employee, or other 
individual associated with a purchaser may be imputed to a purchaser 
when the conduct occurred in connection with the individual's 
performance of duties for or on behalf of the purchaser, or with the 
purchaser's knowledge, approval, or acquiescence. The purchaser's 
acceptance of the benefits derived from the conduct shall be evidence of 
such knowledge, approval, or acquiescence.
    (2) The fraudulent, criminal, or other seriously improper conduct of 
a purchaser may be imputed to any officer, director, shareholder, 
partner, employee, or other individual associated with the purchaser who 
participated in, knew of, or has reason to know of the purchaser's 
conduct.
    (3) The fraudulent, criminal, or other seriously improper conduct of 
one purchaser participating in a joint venture or similar arrangement 
may be imputed to other participating purchasers if the conduct occurred 
for or on behalf of the joint venture or similar arrangement or with the 
knowledge, approval, or acquiescence of those purchasers. Acceptance of 
the benefits derived

[[Page 126]]

from the conduct shall be evidence of such knowledge, approval or 
acquiescence.



Sec. 223.141  Suspension.

    (a) The suspending official may, 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, the 
existence of a cause for suspension does not necessarily require that 
the purchaser be suspended. In making any suspension decision, the 
suspending official shall consider the seriousness of the purchaser's 
acts or omissions and any mitigating factors.
    (b) Suspension is a serious action to be imposed, pending the 
completion of investigation or legal proceedings, when it has been 
determined that immediate action is necessary to protect the 
Government's interest. In assessing the adequacy of the evidence, 
consideration shall be given to how much information is available, how 
credible it is given the circumstances, whether or not important 
allegations are corroborated and what inferences can reasonably be drawn 
as a result. This assessment shall include an examination of basic 
documents such as contracts, bids, awards, inspection reports, and 
correspondence, as appropriate.



Sec. 223.142  Causes for suspension.

    (a) The suspending official may suspend a purchaser suspected, upon 
adequate evidence, of the following:
    (1) Commission of:
    (i) Theft, forgery, bribery, embezzlement, falsification or 
destruction of records, making false statements, or receiving stolen 
property;
    (ii) Fraud, a criminal offense, or violation of Federal or State 
antitrust laws, any of which occurred in connection with obtaining, 
attempting to obtain; or performing a public contract or subcontract; or
    (iii) Any other offense indicating a lack of business integrity or 
business honesty that seriously and directly affects the present 
responsibility of a purchase of Government timber.
    (2) Indictment for any of the causes listed in paragraph (a) of this 
section constitutes adequate evidence for suspension.
    (3) A purchaser's suspension from the purchaser of timber by another 
Federal agency which sells timber.
    (b) The suspending official may, upon adequate evidence, also 
suspend a purchaser for any other cause so serious or compelling that it 
affects the present responsibility or a purchaser of Government timber.



Sec. 223.143  Procedures for suspension.

    (a) Investigation and referral. Information which may be sufficient 
cause for suspension under Sec. 223.142 shall be reported to the Forest 
Service Suspending Official. Generally, such information should be 
referred through the Forest Supervisor and the Regional Forester. The 
referral shall be accompanied by a complete statement of the facts 
supported by appropriate exhibits and a recommendation for action. Where 
the statement of facts indicates a possible criminal offense, except 
possible antitrust violations, the suspending official shall notify the 
Office of Inspector General, USDA. Where the statement of facts 
indicates a possible antitrust violation, the suspending official shall 
notify the Antitrust Division, Department of Justice.
    (b) Decisionmaking process--(1) Notice of suspension. When a 
purchaser and any specifically named affiliates are suspended, the 
suspending official shall so advise the purchaser and any specifically 
named affiliate immediately by certified mail, return receipt requested. 
Such notice shall specify:
    (i) That they have been suspended as of the date of the notice;
    (ii) That the suspension is based on an indictment or other adequate 
evidence that the purchaser has committed irregularities,
    (A) Of a serious nature in business dealings with the Government, or
    (B) Seriously reflecting on the propriety of further Government 
dealings with the recipient;
    (iii) Any such irregularities shall be described in terms sufficient 
to place the recipient on notice without disclosing the Government's 
evidence;
    (iv) That the suspension is for a temporary period of time pending 
the completion of an investigation and such legal proceedings as may 
ensue;

[[Page 127]]

    (v) The cause(s) relied upon under Sec. 223.142 for imposing 
suspension;
    (vi) The effect of the suspension (see Sec. 223.135);
    (vii) The specific procedures governing suspension decisionmaking in 
Sec. 223.143 (b)(1) through (b)(6).
    (2) Submission in opposition. Within 30 calendar days after receipt 
of the notice of suspension, the purchaser or any specifically named 
affiliate may submit, in person, in writing, or through a 
representative, information and argument in opposition to the 
suspension, including any additional specific information that raises a 
genuine dispute over material facts.
    (3) Informal hearing. Pursuant to paragraph (b)(2) of this section, 
respondent may request an informal hearing with the suspending official. 
The informal hearing shall be held within 20 calendar days from the date 
the request is received. The suspending official may postpone the date 
of the hearing if the respondent requests a postponement in writing. At 
the hearing, the respondent, appearing personally or through an attorney 
or other authorized representative, may informally present and explain 
evidence that causes for suspension do not exist, evidence of any 
mitigating factors, and arguments concerning the imposition, scope, 
duration or effects of suspension. A transcript of the informal hearing 
shall not be required.
    (4) Additional proceedings as to disputed material facts. (i) If the 
suspending official finds that there exists a genuine dispute over facts 
material to the suspension, respondent(s) shall be afforded an 
opportunity to appear with counsel, submit documentary evidence, present 
witnesses, and confront any person the Forest Service presents, unless--
    (A) The action is based on an indictment; or
    (B) A determination is made, on the basis of Department of Justice 
advice, that the substantial interests of the Government in pending or 
contemplated legal proceedings based on the same facts as the suspension 
would be prejudiced.
    (ii) If appropriate, the respondent may request a fact-finding 
conference on disputed material facts. Such a conference shall be held 
within 20 calendar days from the date the request is received unless 
mutually agreed otherwise. The fact-finding conference shall conform 
with the following requirements:
    (A) At least 10 days before the fact-finding conference, the 
suspending official shall send the respondent a copy of all documents in 
the administrative record as of the date of transmittal and not objected 
to by the Department of Justice.
    (B) At the conference, the respondent shall have the opportunity to 
appear with counsel, submit documentary evidence, present witnesses, and 
confront any person the Forest Service presents.
    (iii) A transcribed record of any additional proceedings shall be 
prepared and made available at cost to the respondent upon request, 
unless the respondent and the Forest Service, by mutual agreement, waive 
the requirement for a transcript.
    (5) Suspending official's decision. The suspending official may 
modify or terminate the suspension or leave it in force for the same 
reasons as for terminating or reducing the period or extent of debarment 
(see Sec. 223.139(c)). The decision shall be made in accordance with the 
following provisions:
    (i) No additional proceedings necessary. In actions based on an 
indictment, in which the respondent's submission does not raise a 
genuine dispute over material facts; or in which additional proceedings 
to determine disputed material facts have been denied on the basis of 
Department of Justice advice, the suspending official's decision shall 
be based on all the information in the administrative record, including 
any submissions and argument made by the respondent. The decision shall 
be made within 30 working days after receipt of any information and 
argument submitted by the respondent, unless the suspending official 
extends this period for good cause.
    (ii) Additional proceedings necessary. (A) In actions in which 
additional proceedings are necessary as to disputed material facts, 
written findings of fact shall be promptly prepared. The suspending 
official shall base the decision on the facts as found, together with

[[Page 128]]

any information and argument submitted by the respondent and any other 
information in the administrative record.
    (B) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part, only after 
specifically determining them to be arbitrary and capricious or clearly 
erroneous.
    (C) The suspending official's decision shall be made only after the 
conclusion of any proceedings with respect to disputed facts.
    (6) Notice of suspending official's decision. The purchaser and any 
affiliates involved shall be given prompt written notice of the 
suspending officer's decision to continue or not continue the suspension 
by certified mail, return receipt requested.



Sec. 223.144  Period of suspension.

    (a) Suspension shall 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 paragraph 
(b) of this section.
    (b) If legal proceedings are not initiated within 12 months after 
the date of the suspension notice, the suspension shall be terminated 
unless an Assistant Attorney General requests its extension, in which 
case it may be extended for an additional 6 months. In no event may a 
suspension extend beyond 18 months, unless legal proceedings have been 
initiated within that period.
    (c) The suspending official shall notify the Department of Justice 
of the proposed termination of any suspension, at least 30 days before 
the 12-month period expires, to give the Department an opportunity to 
request an extension.



Sec. 223.145  Scope of suspension.

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



         Subpart D--Timber Export and Substitution Restrictions



Sec. 223.159  Scope and applicability.

    The rules of 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 U.S.C. 620, et seq.). 
The rules at Sec. 223.162 shall remain in effect for all contracts 
awarded on or after August 20, 1990, until September 8, 1995. Contracts 
awarded on or after August 20, 1990 are subject to the rules of subpart 
F of this part, unless otherwise noted. Contracts awarded on or after 
September 8, 1995 are governed in full by subpart F.
[60 FR 46922, Sept. 8, 1995]



Sec. 223.160  Definitions.

    The following definitions apply 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 or 
other binding transaction for the export of unprocessed timber or, if 
that date cannot be established, when unprocessed timber is found in an 
export yard or pond, bundled or otherwise prepared for shipment, or 
aboard an ocean-going vessel. An export yard or pond is an area where 
sorting and/or bundling of logs for shipment outside the United States 
is accomplished. Unprocessed timber, whether from National Forest System 
or private lands, is exported directly when exported by the National 
Forest timber purchaser. Timber is exported indirectly when export 
occurs as a result of a sale to another person or as a consequence of 
any subsequent transaction.
    (b) Historic level means the average annual volume of unprocessed 
timber purchased or exported in calendar years 1971, 1972, and 1973.
    (c) Private lands mean lands held or owned by a private person. 
Nonprivate lands include, but are not limited to, lands held or owned by 
the United States, a State or political subdivision thereof, or any 
other public agency, or

[[Page 129]]

lands held in trust by the United States for Indians.
    (d) Substitution means the purchase of unprocessed timber from 
National Forest System lands to be used as replacement for unprocessed 
timber from private lands which is exported by the purchaser. 
Substitution occurs when (1) a person increases purchases of National 
Forest timber in any Calendar year more than 10 percent above their 
historic level and in the same calendar year exports unprocessed timber 
from private land in the tributary area; or (2) a person increases 
exports of unprocessed timber from private land in any tributary area 
more than 10 percent above their historic level in any calendar year 
while they have National Forest timber under contract.
    (e) Tributary area means the geographic area from which unprocessed 
timber is delivered to a specific processing facility or complex. A 
tributary area is expanded when timber outside an established tributary 
area is hauled to the processing facility or complex.
    (f) Unprocessed timber, except western red cedar in the contiguous 
48 States, means trees or portions of trees having a net scale content 
not less than 33\1/3\ percent of the gross volume, or the minimum piece 
specification set forth in the timber sale contract, in material meeting 
the peeler and sawmill log grade requirements published in the January 
1, 1980--Official Log Scaling and Grading Rules used by Log Scaling and 
Grading Bureaus on the West Coast; cants to be subsequently 
remanufactured exceeding 8\3/4\ inches in thickness; cants of any 
thickness reassembled into logs; and split or round bolts, except for 
aspen, or other roundwood not processed to standards and specifications 
suitable for end-product use. Unprocessed timber shall not mean pulp 
(utility) grade logs and Douglas-fir special cull logs or timber 
processed into the following:
    (1) Lumber and construction timbers, regardless of size, sawn on 
four sides;
    (2) Chips, pulp, and pulp products;
    (3) Green veneer and plywood;
    (4) Poles, posts, or piling cut or treated for use as such;
    (5) Cants cut for remanufacture, 8\3/4\ inches in thickness or less;
    (6) Aspen bolts, not exceeding 4 feet in length.
    (g) Unprocessed western red cedar timber in the contiguous 48 States 
means trees or portions of trees of that species which have not been 
processed into--
    (1) Lumber of American Lumber Standards Grades of Number 3 dimension 
or better, or Pacific Lumber Inspection Bureau Export R-List Grades of 
Number 3 Common or better;
    (2) Chips, pulp, and pulp products;
    (3) Veneer and plywood;
    (4) Poles, posts, or piling cut or treated with preservatives for 
use as such and not intended to be further processed; or
    (5) Shakes and shingles; provided that lumber from private lands 
manufactured to the standards established in the lumber grading rules of 
the American Lumber Standards Association or the Pacific Lumber 
Inspection Bureau and manufactured lumber authorized to be exported 
under license by the Department of Commerce shall be considered 
processed.
    (h) Person means an individual, partnership, corporation, 
association, or other legal entity and includes any subsidiary, 
subcontractor, parent company, or other affiliate. Business entities are 
considered affiliates for the entire calendar year when one controls or 
has the power to control the other or when both are controlled directly 
or indirectly by a third person during any part of the calendar year.
    (i) Purchase occurs when a person is awarded a contract to cut 
National Forest timber or through the approval of a third party 
agreement by the Forest Service.
    (j) Purchaser means a person that has purchased a National Forest 
timber sale.

(Sec. 14, Pub. L. 95-588, 90 Stat. 2958, as amended (16 U.S.C. 472a); 
sec. 301, Pub. L. 96-126, 93 Stat. 979; sec. 1, 30 Stat. 35, as amended 
(16 U.S.C. 55.1); sec. 301, 90 Stat. 1063, Pub. L. 94-373; sec. 1, 30 
Stat. 35, as amended (16 U.S.C. 551))

[45 FR 80528, Dec. 5, 1980, as amended at 46 FR 2611, Jan. 12, 1981; 46 
FR 22581, Apr. 20, 1981; 47 FR 746, Jan. 7, 1982. Redesignated at 49 FR 
2761, Jan. 23, 1984]

[[Page 130]]



Sec. 223.161  [Reserved]



Sec. 223.162  Limitations on timber harvested from all other states.

    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;
    (b) Be used in substitution for unprocessed timber from private 
lands which is exported by the purchaser; or
    (c) Be sold, traded, exchanged, or otherwise given to any person who 
does not agree to manufacture it to meet the processing requirements of 
this section and/or require such a processing agreement in any 
subsequent resale or other transaction. This limitation on export or 
substitution does not apply to species of timber previously found to be 
surplus to domestic needs or to any additional species, grades, or 
quantities of timber which may be found by the Secretary to be surplus 
to domestic needs.

(Sec. 14, Pub. L. 95-588, 90 Stat. 2958, as amended (16 U.S.C. 472a); 
sec. 301, Pub. L. 96-126, 93 Stat. 979; sec. 1, 30 Stat. 35, as amended 
(16 U.S.C. 55.1); sec. 301, 90 Stat. 1063, Pub. L. 94-373; sec. 1, 30 
Stat. 35, as amended (16 U.S.C. 551))

[45 FR 80528, Dec. 5, 1980, as amended at 46 FR 2611, Jan. 12, 1981; 47 
FR 746, Jan. 7, 1982. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec. 223.163  [Reserved]



Sec. 223.164  Penalty for falsification.

    For false certification of documents relating to export or 
substitution and/or other violations of export and substitution 
requirements by the purchaser of timber from National Forest System 
lands, the Forest Service may cancel the subject contract, debar the 
involved person or persons from bidding on National Forest timber, or 
initiate other action as may be provided by law or regulation.

(Sec. 14, Pub. L. 94-588, 90 Stat. 2958, as amended (16 U.S.C. 472a); 
Sec. 301, Pub. L. 96-126, 93 Stat. 979; Sec. 1, 30 Stat. 35, as amended 
(16 U.S.C. 55.1); Sec. 301, 90 Stat. 1063, Pub. L. 94-373; Sec. 1, 30 
Stat. 35, as amended (16 U.S.C. 551); (44 U.S.C. 3506))

[45 FR 80528, Dec. 5, 1980. Redesignated at 49 FR 2761, Jan. 23, 1984, 
and amended at 51 FR 40316, Nov. 6, 1986]



                          Subpart E  [Reserved]



Subpart F--The Forest Resources Conservation and Shortage Relief Act of 
                              1990 Program

    Source: 60 FR 46922, Sept. 8, 1995, unless otherwise noted.



Sec. 223.185  Scope and applicability.

    This subpart implements provisions of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) 
that became effective upon enactment or as otherwise specified in the 
Act. As of September 8, 1995, this subpart applies to unprocessed timber 
originating from private lands west of the 100th meridian in the 
contiguous 48 States that requires domestic processing. Except as 
provided later in this paragraph, this subpart applies to all 
unprocessed timber originating from National Forest System lands west of 
the 100th meridian in the contiguous 48 States acquired from timber sale 
contracts awarded on or after August 20, 1990. The rules regarding 
substitution at Sec. 223.162 of subpart D apply to unprocessed timber 
acquired from timber sale contracts awarded between August 20, 1990, and 
September 8, 1995, as provided in Sec. 490(a)(2)(A) of the Act. The 
rules regarding reporting the acquisition and disposition of unprocessed 
Federal timber at Sec. 223.193 of this subpart apply to all transfers of 
unprocessed Federal timber originating from National Forest System lands 
west of the 100th meridian in the contiguous 48 States regardless of 
timber sale contract award date.



Sec. 223.186  Definitions.

    The following definitions apply to the provisions of this subpart:

[[Page 131]]

    Acquire means to come into possession of, whether directly or 
indirectly, through a sale, trade, exchange, or other transaction. The 
term ``acquisition'' means the act of acquiring. The terms ``acquire'' 
and ``purchase'' are synonymous and are used interchangeably.
    Act means the Forest Resources Conservation and Shortage Relief Act 
of 1990 (Pub. L. No. 101-382, 104 Stat. 714-726; 16 U.S.C. 620-620j).
    Area of operations refers to the geographic area within which logs 
from any origin have neither been exported nor transported to an area 
where export occurs. The area of operations will be determined for 
individual Forest Service Administrative Units or groups of 
Administrative Units by the Regional Foresters of Regions 1, 2, 3, and 4 
on an as-needed basis, and used as part of the criteria for evaluating 
requests to waive the identifying and marking requirements for 
unprocessed Federal logs.
    Cants or Flitches are synonymous, and mean trees or portions of 
trees, sawn on one or more sides, intended for remanufacture into other 
products elsewhere.
    Civil penalties:
    Willful disregard means a person knew or showed reckless disregard 
for the matter of whether the person's conduct is prohibited by the 
Forest Resources Conservation and Shortage Relief Act of 1990, 16 U.S.C. 
620, et seq. with regard to the prohibition against exporting 
unprocessed Federal timber (including causing unprocessed timber to be 
exported).
    Willfully means a person knew or showed reckless disregard for the 
matter of whether the person's conduct is prohibited by the Forest 
Resources Conservation and Shortage Relief Act of 1990, 16 U.S.C. et 
seq., or regulations issued under the Act, even though such violation 
may not have caused the export of unprocessed Federal timber in 
violation of the Act.
    Disregard means to ignore, overlook, or fail to observe any 
provision of the Act or a regulation issued under this Act, even though 
such violation may not have caused the export of unprocessed Federal 
timber in violation of the Act.
    Should have known means committing an act that a reasonable person 
in the timber industry would have known violates a provision of the Act 
or regulations issued under the Act, even though the violation may not 
have caused the export of unprocessed Federal timber in violation of the 
Act.
    Each violation refers to any violation under the Act or its 
implementing regulations with regard to a single act, which includes but 
is not limited to a single marking (or lack thereof) on a single log, 
the export of a single log, or a single entry on a document.
    Export means transporting, or causing to be transported, either 
directly or through another party, unprocessed timber to a foreign 
country. Export occurs:
    (1) On the date that a person enters into an agreement to sell, 
trade, exchange or otherwise convey such timber to a person for delivery 
to a foreign country;
    (2) When unprocessed timber is placed in an export facility in 
preparation (sorting, bundling, container loading etc.) for shipment 
outside the United States; or,
    (3) When unprocessed timber is placed on board an ocean-going 
vessel, rail car, or other conveyance destined for a foreign country.
    Federal lands means lands that are owned by the United States west 
of the 100th meridian in the contiguous 48 States, but do not include 
any land the title to which is;
    (1) Held in trust by the United States for the benefit of any Indian 
tribe or individual;
    (2) Held by any Indian tribe or individual subject to a restriction 
by the United States against alienation; or
    (3) Held by any Native Corporation as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
    Finished products means products from trees, portions of trees or 
other roundwood products processed to standards and specifications 
intended for end product use.
    Fiscal year means the Federal fiscal year beginning October 1, and 
ending the following September 30.
    Gross value means the total value a person received from the 
transfer of

[[Page 132]]

unprocessed Federal timber involved in a violation, before production, 
delivery, agent fees, overhead, or other costs are removed.
    Hammer brand refers to an identifying mark or brand composed of 
numbers, letters, characters, or a combination of numbers, letters, or 
characters permanently attached to a hammer, or other similar striking 
tool. The hammer brand must make a legible imprint of the brand in the 
end of a log when struck.
    Highway yellow paint refers to an oil base or equivalent yellow 
paint of lasting quality comparable to the yellow paint used to mark 
highways.
    Log refers to an unprocessed portion of a tree that is transported 
to a manufacturing facility or other location for processing, 
transferring to another person, or exporting. ``Logs'' is synonymous 
with ``timber''.
    Manufacturing facility means a permanently located processing plant 
used to convert unprocessed timber into products.
    Non-manufacturer means a person who does not own or operate a 
manufacturing facility.
    Person means any individual, partnership, corporation, association, 
or other legal entity and includes any subsidiary, subcontractor, parent 
company, and business affiliates. Persons are affiliates of each other 
when either directly or indirectly, one person controls or has the power 
to control the other or a third party or parties control or have the 
power to control both. In determining whether or not affiliation exists, 
consideration shall be given to all appropriate factors, including but 
not limited to common ownership, common management, common facilities, 
and contractual relationships.
    Private lands means lands, located west of the 100th meridian in the 
contiguous 48 States held or owned by a person. Such term does not 
include Federal lands or public lands, or any land the title to which 
is;
    (1) Held in trust by the United States for the benefit of any Indian 
tribe or individual;
    (2) Held by any Indian tribe or individual subject to a restriction 
by the United States against alienation; or
    (3) Held by any Native Corporation as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
    Processed means timber processed into products listed in 
Sec. 223.187 of these regulations.
    Purchase has the same meaning as acquire. The terms are used 
interchangeably.
    Same geographic and economic area means the land within the 
boundaries of an approved sourcing area.
    Sourcing area means the geographic area approved by the Secretary 
which includes a person's timber manufacturing facility and the private 
and Federal lands from which the person acquires or intends to acquire 
unprocessed timber to supply such manufacturing facility; a sourcing 
area must be geographically and economically separate from any area from 
which that person harvests for export any unprocessed timber originating 
from private lands.
    Substitution occurs when:
    (1) A person acquires, directly or indirectly, unprocessed timber 
from Federal lands west of the 100th meridian in the contiguous 48 
States and engages in exporting or selling for export, unprocessed 
timber originating from private lands within the same geographic and 
economic area; or
    (2) A person acquires, directly or indirectly, unprocessed timber 
from Federal lands west of the 100th meridian in the contiguous 48 
States and, during the preceding 24-month period, exported unprocessed 
timber originating from private lands; or
    (3) A person exports or sells for export, unprocessed timber 
originating from private lands within the same geographic and economic 
area in the same calendar year that the person has unprocessed timber 
originating from Federal lands in the person's possession or under 
contract; or
    (4) A person purchases, directly or indirectly, unprocessed timber 
originating from Federal lands if such person sells or otherwise 
transfers unprocessed timber that originates from private lands west of 
the 100th meridian in the contiguous 48 States and that requires 
domestic processing, to a third party if that third party or successive 
parties export that unprocessed private

[[Page 133]]

timber. A third party or successive parties who acquire such unprocessed 
timber that originates from private lands west of the 100th meridian in 
the contiguous 48 States and that requires domestic processing may not 
export such timber.
    Transaction means an arrangement involving the transfer of 
unprocessed timber.
    Transaction statement is a signed copy of one of the transaction 
reporting forms in 36 CFR 223.193 and 223.194.
    Transfer means to pass title, sell, trade, exchange, or otherwise 
convey unprocessed timber to another person.
    Unprocessed timber means trees or portions of trees or other 
roundwood not processed to standards and specifications suitable for end 
product use and intended for remanufacture. Unprocessed timber does not 
include products intended for remanufacture that meet the criteria 
listed in Sec. 223.187(a) (2) or (3). For the purposes of reporting and 
identifying under Secs. 223.193, 223.194 and 223.195, unprocessed timber 
also means timber products listed in Sec. 223.187 of these regulations, 
and other timber products including house logs that are part of a 
structure kit, that are indistinguishable from other unprocessed timber.



Sec. 223.187  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 timber 
processed into any one of the following:
    (1) Lumber or construction timbers, except western red cedar, 
meeting current American Lumber Standards Grades or Pacific Lumber 
Inspection Bureau Export R or N list grades, sawn on 4 sides, not 
intended for remanufacture. To determine whether such lumber or 
construction timbers meet this grade and intended use standard, the 
shipper of record must have in its possession for each shipment or 
order, and available for inspection upon the request of the Forest 
Service:
    (i) A legible copy of a lumber inspection certificate certified by a 
lumber inspection/grading organization generally recognized by the 
industry as setting a selling standard; and,
    (ii) A statement by the manufacturer certifying under the penalties 
provided in section 492 of the Act (16 U.S.C. 620d) and the False 
Statements Act (18 U.S.C. 1001) that the products in the shipment or 
order are intended to be used as shipped, are manufactured into 
products, or processed into pulp, and are not to be manufactured into 
other products. The certification statements shall be made in accordance 
with paragraph (b) of this section. The certification statements in 
paragraph (b) of this section are not required if the lumber or 
construction timbers described in paragraph (a)(1) of this section or 
the pulpwood bolts described in paragraph (a)(8) of this section 
otherwise may be exported without regard to an intent to remanufacture 
or process into pulp. For instance, because the timber originates from 
private land from which timber may be exported.
    (2) Lumber, construction timbers, or cants for remanufacture, except 
western red cedar, meeting current American Lumber Standards Grades or 
Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn 
on 4 sides, not to exceed 12 inches (30.5 cm) thick. To determine 
whether such lumber, timbers, or cants meet this grading standard, the 
shipper of record must have in its possession for each shipment or order 
and available for inspection, upon the request of the Forest Service, a 
legible copy of a lumber inspection certificate certified by a lumber 
inspection/grading organization generally recognized by the industry as 
setting a selling standard.
    (3) Lumber, construction timbers, or cants for remanufacture, except 
western red cedar, that do not meet the grades referred to in paragraph 
(a)(2) of this section and are sawn on 4 sides, with wane less than \1/
4\ of any face, not exceeding 8\3/4\ inches (22.2 cm) thick.
    (4) Chips, pulp, or pulp products.
    (5) Veneer or plywood.
    (6) Poles, posts, or piling cut or treated with preservatives for 
use as such.
    (7) Shakes or shingles.
    (8) Aspen or other pulpwood bolts, not exceeding 100 inches in 
length, exported for processing into pulp. Shippers of record of such 
pulpwood bolts must have in their possession, and available for 
inspection upon request of

[[Page 134]]

the Forest Service, in accordance with paragraph (b) of this section, a 
manufacturer's certificate that such bolts are intended for processing 
into pulp.
    (9) Pulp logs or cull logs processed at domestic pulp mills, 
domestic chip plants, or other domestic operations for the purpose of 
conversion of logs into chips.
    (b) Export product certifications. (1) Manufacturers of lumber or 
construction timbers described in paragraph (a)(1) of this section and 
pulpwood bolts described in paragraph (a)(8) of this section, shall 
certify to the following statements:
    (2) Lumber or construction timbers; ``I certify that the products in 
the shipment identified by my shipping order number ________ dated 
________, are manufactured in accordance with the attached order from 
(buyer) of (address), numbered ________ and dated ________, are intended 
to be used as shipped and are not to be remanufactured into other 
products. I make this certification with full knowledge and 
understanding of the export and substitution restrictions of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et 
seq.) (Act) and its implementing regulations. I fully understand that 
exporting unprocessed timber originating from Federal lands or 
unprocessed timber from private lands which is required to be processed 
domestically is a violation of this Act, its implementing regulations, 
and the False Statements Act (18 U.S.C. 1001), and may subject me to the 
penalties and remedies provided for such violations.''
    (3) Pulpwood bolts. ``I certify that the pulpwood bolts in the 
shipment identified by my shipping order number ________ dated ________, 
are manufactured in accordance with the attached order from (buyer) of 
(address), numbered ________ and dated ________, are intended to be 
processed into pulp and are not to be remanufactured into other 
products. I make this certification with full knowledge and 
understanding of the export and substitution restrictions of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.) (Act) and its implementing regulations. I fully understand that 
exporting unprocessed timber originating from Federal lands or 
unprocessed timber from private lands which is required to be processed 
domestically is a violation of this Act, its implementing regulations, 
and the False Statements Act (18 U.S.C. 1001), and may subject me to the 
penalties and remedies provided for such violations.''
    (4) Signatory procedures. Certificates shall be on company 
letterhead, and signed by the person manufacturing the shipment. In the 
case of a corporation, the certificates must be signed by a person 
authorized, in writing, by the Chief Executive Officer pursuant to 36 
CFR 223.187(b)(4), to sign the certificates in 36 CFR 223.187(b) on 
behalf of the corporation.
    (5) Chief Executive Officer Authorization. The authorization by the 
Chief Executive Officer shall be on company letterhead, shall be 
notarized, and shall read as follows:

    ``I authorize ________ to sign the certificates in 36 CFR 223.187(b) 
on behalf of (name of corporation). I make this authorization with full 
knowledge and understanding of the export and substitution restrictions 
of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 
U.S.C. 620 et seq.) (Act) and its implementing regulations. I fully 
understand that exporting unprocessed timber originating from Federal 
lands or unprocessed timber originating from private lands which is 
required to be processed domestically is a violation of this Act, its 
implementing regulations, and the False Statements Act (18 U.S.C. 1001), 
and may subject me to the penalties and remedies provided for such 
violation.''

    (6) Exporters of other timber products originating from Federal 
lands not specifically listed in Sec. 223.187 which may develop export 
markets in the future may also require similar certification statements. 
Such statements will be provided by the Forest Service.
    (c) Western red cedar. Unprocessed western red cedar timber does not 
include manufactured lumber authorized for export under license by the 
Department of Commerce, and lumber from private lands processed to 
standards established in the lumber grading rules of the American Lumber 
Standards Association or the Pacific Lumber Inspection Bureau, or timber 
processed into any of the following products:

[[Page 135]]

    (1) Lumber of American Lumber Standards Grades of Number 3 dimension 
or better, or Pacific Lumber Inspection Bureau Export R-List Grades of 
Number 3 common or better, with a maximum cross section of 2,000 square 
centimeters (310 square inches) for any individual piece of processed 
western red cedar, regardless of grade. To determine whether such lumber 
meets these established standards, grades and size restrictions, the 
shipper of record must have in its possession for each shipment, and 
available for inspection upon the request of the Forest Service, a 
legible copy of a lumber inspection certificate certified by a lumber 
inspection/grading organization generally recognized by the industry as 
setting a selling standard. Export restrictions governing western red 
cedar timber harvested from Federal, State or other public lands are 
found in 7(i) of the Export Administration Act of 1979 as amended (50 
U.S.C. appendix 2406(i)), and implementing regulations at 15 CFR 777.7.
    (2) Chips, pulp, and pulp products;
    (3) Veneer and plywood;
    (4) Poles, posts, pilings cut or treated with preservatives for use 
as such and not intended to be further processed; and
    (5) Shakes and shingles.
    (d) Finished Products. Shippers of record of products manufactured 
from unprocessed western red cedar originating from Federal lands, 
acquired by the manufacturer under the exemption from the prohibition 
against indirect substitution at Sec. 223.189(e)(1), must have in their 
possession for each shipment a certificate from the manufacturer that 
such products are finished products as defined in Sec. 223.186 of this 
subpart. The certification statement shall read as follows:
    (1) ``I certify that the products in the shipment identified by my 
shipping order number ______, dated ______, are manufactured in 
accordance with the attached order from ____ (buyer) ____ of ______ 
(address) ______, numbered ____ and dated ______, are intended for end 
product use. I understand that only western red cedar products that are 
finished products are exempt from the prohibition against indirect 
substitution in the Forest Resources Conservation and Shortage Relief 
Act of 1990 (16 U.S.C. 620b(b)(1)) and its implementing regulations. I 
make this certification with full knowledge and understanding of the 
export and substitution restrictions of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) 
(Act) and its implementing regulations. I fully acknowledge and 
understand that to acquire western red cedar under the indirect 
substitution exemption in 16 U.S.C. 620b(b)(1) for purposes other than 
domestic processing into finished products will be a violation of this 
Act, its implementing regulations, and the False Statements Act (18 
U.S.C. 1001) and may subject me to the penalties and remedies provided 
for such violation.''
    (2) Signatory procedures. Certificates shall be on company 
letterhead, and signed by the person manufacturing the shipment. In the 
case of a corporation, the certificate must be signed by a person 
authorized, in writing, by the Chief Executive Officer, pursuant to 36 
CFR 223.187(d)(3), to sign the certificate in 36 CFR 223.187(d)(1) on 
behalf of the corporation.
    (3) Chief Executive Officer Authorization. The authorization by the 
Chief Executive Officer shall be on company letterhead, shall be 
notarized, and shall read as follows:

    ``I authorize ________ to sign the certificate in 36 CFR 
223.187(d)(1) on behalf of (name of corporation). I make this 
authorization with full knowledge and understanding of the export and 
substitution restrictions of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act) and its 
implementing regulations. I fully understand that exporting unprocessed 
timber originating from Federal lands or unprocessed timber originating 
from private lands which is required to be processed domestically is a 
violation of this Act, its implementing regulations, and the False 
Statements Act (18 U.S.C. 1001), and may subject me to the penalties and 
remedies provided for such violation.''



Sec. 223.188  Prohibitions against exporting unprocessed Federal timber.

    No person who acquires unprocessed timber originating from Federal 
lands west of the 100th meridian in the contiguous 48 States may export 
such timber from the United States, or sell, trade, exchange, or 
otherwise convey

[[Page 136]]

such timber to any other person for the purpose of exporting such timber 
from the United States. This prohibition does not apply to specific 
quantities of grades and species of such unprocessed Federal timber that 
the Secretary of Agriculture determines to be surplus to domestic 
manufacturing needs.



Sec. 223.189  Prohibitions against substitution.

    (a) Direct substitution prohibition. Except as otherwise provided by 
this section:
    (1) No person may purchase directly from any department or agency of 
the United States unprocessed timber originating from Federal lands west 
of the 100th meridian in the contiguous 48 States if:
    (i) Such person acquires unprocessed timber originating from Federal 
lands west of the 100th meridian in the contiguous 48 States and engages 
in exporting or selling for export, unprocessed timber originating from 
private lands within the same geographic and economic area; or
    (ii) Such person has, during the preceding 24-month period, exported 
unprocessed timber originating from private lands.
    (2) No person may export or sell for export, unprocessed timber 
originating from private lands within the same geographic and economic 
area in the same calendar year that the person has unprocessed timber 
originating from Federal lands in the person's possession or under 
contract.
    (3) No person may purchase unprocessed timber originating from 
Federal lands if such person sells or otherwise transfers unprocessed 
timber that originates from private lands west of the 100th meridian in 
the contiguous 48 States and that requires domestic processing, to a 
third party if that third party or successive parties export that 
unprocessed private timber. A third party or successive parties who 
acquire such unprocessed timber that originates from private lands west 
of the 100th meridian in the contiguous 48 States and that requires 
domestic processing may not export such timber.
    (4) The prohibitions in paragraphs (a) (1)-(3) of this section shall 
not apply to specific quantities of grades and species of unprocessed 
timber which the Secretary of Agriculture has determined to be surplus 
to domestic manufacturing needs.
    (b) Exemptions. (1) Pursuant to section 490(c) of the Act (16 U.S.C. 
620b), all persons who applied for a sourcing area by December 20, 1990, 
in accordance with Sec. 223.190 of this subpart, were exempt from the 
prohibitions against substitution, in accordance with Sec. 223.189(a)(1) 
of this subpart, until such time that the approving official approved or 
disapproved the application.
    (2) Pursuant to Section 490(a) of the Act (16 U.S.C. 620b), an 
exemption to the prohibition in Sec. 223.189(a)(1)(B) of this subpart is 
provided to:
    (i) A person with a historic export quota who submitted a 
certification in accordance with Sec. 223.189 (c) and (d) of this 
subpart; and
    (ii) A non-manufacturer who submitted a certification in accordance 
with Sec. 223.192 of this subpart.
    (3) Pursuant to Sec. 490(c) of the Act (16 U.S.C. 620b), the 
prohibitions against direct substitution in Sec. 223.189(a) (1) and (2) 
of this subpart do not apply to a person who acquires unprocessed timber 
originating from Federal lands within an approved sourcing area, does 
not export unprocessed timber originating from private lands within the 
approved sourcing area while the approval is in effect, and, if 
applicable, received a waiver of the prohibition against exporting 
unprocessed timber originating from private lands within the sourcing 
area during the preceding 24 months, in accordance with Sec. 223.189 (f) 
and (g) of this subpart.
    (c) Historic export quota exemption. The prohibition against the 
purchase of Federal timber for a person who has exported unprocessed 
timber originating from private lands, within the preceding 24-month 
period, shall not apply to a person with a historic export quota 
approved by the Secretary and who has been exporting unprocessed private 
timber in accordance with the log export and substitution regulations of 
the Secretary of Agriculture at 36 CFR part 223, subpart D, in effect 
before August 20, 1990, if:
    (1) That person certified in writing to the Regional Forester of the 
Region administering the historic export quota,

[[Page 137]]

on or before November 20, 1990, that the person would cease exporting 
unprocessed timber originating from private lands on or before February 
20, 1991, and
    (2) The exporting ceased in accordance with such certification.
    (d) Application for historic export quota exemption. To obtain an 
exemption from the prohibition against export within the preceding 24-
month period for purchasing Federal timber based on an approved historic 
export quota described in paragraph (c) of this section, a person must 
have applied in writing to the applicable Regional Forester on or before 
November 20, 1990. The certificate must have been notarized. The 
application was required to be on company letterhead and must have 
included:
    (1) An agreement to retain records of all transactions involving 
acquisition and disposition of unprocessed timber from both private and 
Federal lands within the area(s) involved in the certification, for a 
period of three (3) years beginning November 20, 1990, and to make such 
records available for inspection upon the request of the Regional 
Forester, or other official to whom such authority has been delegated.
    (2) A signed certification which reads as follows:

    ``I have purchased, under an historic export quota approved by the 
Secretary of Agriculture, unprocessed timber originating from Federal 
lands located west of the 100th meridian in the contiguous 48 States 
during the preceding 24 months in direct substitution for exported 
unprocessed timber originating from private lands. I desire to purchase 
directly from a Department or agency of the United States, unprocessed 
timber originating from Federal lands located in such area of the United 
States. I make this certification for the exemption from the prohibition 
against export within the preceding 24-month period for purchasing 
Federal timber required by the Forest Resources Conservation and 
Shortage Relief Act of 1990, (Pub. L. No. 101-382, August 20, 1990, 16 
U.S.C. 620, et seq.) (Act). I hereby certify that I will cease all 
exporting of such unprocessed private timber from lands west of the 
100th meridian in the 48 contiguous States of the United States by 
February 20, 1991. I make this certification with full knowledge and 
understanding of the requirements of this Act and do fully understand 
that failure to cease such exporting as certified will be a violation of 
this Act (16 U.S.C. 620d) and the False Statements Act (18 U.S.C. 1001), 
and may subject me to the penalties and remedies provided from such 
violation.''

    (3) The certification must have been signed by the person making 
such certification or, in the case of a corporation, by its Chief 
Executive Officer.
    (e) Indirect substitution prohibition. No person may purchase from 
any other person unprocessed timber originating from Federal lands west 
of the 100th meridian in the contiguous 48 States if such person would 
be prohibited by paragraph (a) of this section from purchasing such 
timber directly from a Department or agency of the United States, 
pursuant to Sec. 490(b) of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.). The prohibition in 
this paragraph does not apply to the following:
    (1) To the acquisition of western red cedar, which is domestically 
processed into finished products.
    (2) To a person who acquires unprocessed timber originating from 
Federal lands within an approved sourcing area, does not export 
unprocessed timber originating from private lands within the approved 
sourcing area while the approval is in effect, and, if applicable, 
receives a waiver of the prohibition against exporting unprocessed 
timber originating from private lands within the sourcing area during 
the preceding 24 months in accordance with Sec. 223.189 (f) and (g) of 
this subpart.
    (3) To the limited amount of unprocessed National Forest System 
timber within Washington State that is exempt from the prohibition 
against indirect substitution, pursuant to Sec. 223.203.
    (f) Waiver within a sourcing area. The prohibitions in 
Sec. 223.189(a) (1) and (2) against direct and indirect acquisition of 
unprocessed timber originating from Federal lands do not apply if:
    (1) A person acquires such timber from within an approved sourcing 
area located west of the 100th meridian in the 48 contiguous States;
    (2) Has not exported unprocessed timber originating from private 
lands located within the approved sourcing area during the preceding 24 
months;
    (3) Does not export such private timber from within the approved 
sourcing

[[Page 138]]

area during the period the sourcing area is in effect; and
    (4) Does not export such private timber during any calendar year in 
the same geographic and economic area that unprocessed timber 
originating from Federal lands west of the 100th meridian in the 
contiguous 48 States is under contract or in possession, if the sourcing 
area is no longer in effect, pursuant to the definition of substitution 
in 36 CFR 223.186.
    (5) The appropriate Regional Forester could waive, in writing, the 
prohibition against export within the preceding 24-month period for any 
person who certified in writing, on or before November 20, 1990, that on 
or before February 20, 1991, that person would cease exporting 
unprocessed timber originating from private lands within the approved 
sourcing area for a period of not less than three (3) years. Signatories 
of this certificate who received an approved sourcing area, like all 
holders of sourcing areas, are subject to the prohibition against 
exporting unprocessed timber originating from private lands within the 
sourcing area boundaries, pursuant to this paragraph.
    (g) Application for waiver within a sourcing area. To obtain a 
waiver of the prohibition against export within the preceding 24-month 
period for purchasing Federal timber described in paragraph (f) of this 
section, a person must have submitted a request for waiver, in writing, 
to the Regional Forester of the region in which the manufacturing 
facility being sourced is located, which must have been received by the 
Regional Forester on or before November 20, 1990, and which must have 
been signed by the person making such request or, in the case of a 
corporation, by its Chief Executive Officer. The request for waiver must 
be notarized and, in the case of a corporation, with its corporate seal 
affixed. The request shall be on company letterhead with its corporate 
seal affixed and must include:
    (1) An agreement to retain records of all transactions involving 
acquisition and disposition of unprocessed timber from both private and 
Federal lands within the area(s) involved in the waiver request, for a 
period of three (3) years beginning November 20, 1990, and to make such 
records available for inspection upon the request of the Regional 
Forester, or other official to whom such authority has been delegated.
    (2) A signed certification statement which reads as follows:

    ``I have engaged in exporting of unprocessed timber originating from 
private land located within the sourcing area for which I am applying. I 
desire to purchase directly from a department or agency of the United 
States unprocessed timber originating from Federal lands located within 
the desired sourcing area. I hereby request waiver of the prohibition 
against export within the preceding 24-month period for purchasing 
Federal timber required by the forest Resources Conservation and 
Shortage Relief Act of 1990 (Pub. L. No. 101-382, August 20, 1990, 16 
U.S.C. 620, et seq.) (Act). I hereby certify that I will cease all 
exporting of such unprocessed private timber from within the desired 
sourcing area by February 20, 1991, and will not resume such exporting 
for a period of not less than three (3) years. I make this certification 
with full knowledge and understanding of the requirements of this Act 
and do fully understand that failure to cease such exporting as 
certified will be a violation of Section 492 of this Act (16 U.S.C. 
620d) and the False Statements Act (18 U.S.C. 1001), and may subject me 
to the penalties and remedies provided for such violation.''



Sec. 223.190  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, a 
person who owns or operates a manufacturing facility and who exports 
unprocessed timber originating from private lands may apply for a 
sourcing area in accordance with the procedures of this section. 
However, an owner/operator of a manufacturing facility who exports 
unprocessed timber originating from Federal lands may not possess or 
acquire unprocessed timber originating from Federal lands unless the 
acquisition is within an approved sourcing area. A person who intends to 
acquire or become affiliated with a manufacturing facility that 
processes Federal timber and who is an exporter may apply for a sourcing 
area. Written proof of the intent to acquire or affiliate must be 
included in the sourcing area application, signed by the applicant and 
the person or, in the

[[Page 139]]

case of a corporation, the Chief Executive Officer, whose company the 
applicant intends to acquire or affiliate with. This certification must 
be on letterhead and must be notarized. A sourcing area application that 
the Secretary determines would be approved will be granted tentative 
approval pending final notification by the applicant of acquisition of 
or affiliation with the manufacturing facility. The tentative approval 
of the sourcing area will lapse unless the acquisition or affiliation 
occurs within 30 days of the tentative approval of the sourcing area. A 
sourcing area is not valid until final approval of the sourcing area. 
The direct substitution prohibition did not apply to a person who 
applied for a sourcing area on or before December 20, 1990. A request 
for modification of an existing sourcing area shall trigger a review 
pursuant to the procedures and restrictions in Sec. 223.191(e).
    (b) As provided in the Act, a person who has requested an exemption 
or waiver of the prohibition against export within the preceding 24-
month period, pursuant to Sec. 223.189 of this subpart, must have 
applied for the desired sourcing area on or before December 20, 1990.
    (c) Applications. Sourcing area applications shall include:
    (1) A map of sufficient scale and detail to clearly show:
    (i) The applicant's desired sourcing area boundary. This boundary 
will include both the private and Federal lands from which the applicant 
intends to acquire unprocessed timber for sourcing its manufacturing 
facilities;
    (ii) The location of the timber manufacturing facilities owned or 
operated by the applicant within the proposed sourcing area where the 
person intends to process timber originating from Federal land;
    (iii) The location of private lands within and outside the desired 
sourcing area where the person has, within the 24 months immediately 
preceding the date of the application, acquired unprocessed timber 
originating from private land which was exported, sold, traded, 
exchanged, or otherwise conveyed to another person for the purpose of 
exporting such timber;
    (2) A list of other persons with timber manufacturing facilities 
located within the same general vicinity as the applicant's facilities;
    (3) Any other information the applicant may believe is appropriate 
to support approval of the requested sourcing area; and
    (4) A statement signed by the person certifying under the penalties 
provided in Section 492 of this Act (16 U.S.C. 620d) and the False 
Statements Act (18 U.S.C. 1001) that the information provided in support 
of the application is true, complete, and accurate to the best of the 
applicant's knowledge. The statement shall read as follows:

    ``I certify under penalties of 16 U.S.C. 620d and 18 U.S.C. 1001, 
that the information provided in support of this application, is true, 
complete, and accurate to the best of my knowledge concerning my timber 
purchasing and export patterns. I certify that the information provided 
concerning my timber purchasing and export patterns fully and accurately 
reflects, to the best of my knowledge, the boundaries of the sourcing 
area for which I am applying. I make this certification with full 
knowledge and understanding of the export and substitution restrictions 
of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 
U.S.C. 620, et seq.) (Act) and its implementing regulations. I certify 
that I have not exported unprocessed timber originating from private 
lands within the boundaries of the sourcing area that is the subject of 
this application in the previous 24 months. I fully understand that, if 
this application is approved, exporting unprocessed private timber 
originating from within the approved sourcing area will be a violation 
of this Act (16 U.S.C. 620, et seq.) its implementing regulations, and 
the False Statements Act (18 U.S.C. 1001), and may subject me to the 
penalties and remedies provided for such violation.''

    (d) Confidential information. Applications are not considered 
confidential. However, if a person does submit confidential information 
as part of an application, the information should be marked 
confidential. Information so marked will be afforded the rights and 
protection provided under the Freedom of Information Act.
    (e) Where to submit the application. A sourcing area applicant shall 
send the application to the Office of Administrative Law Judges and 
shall, simultaneously, send a copy of the sourcing area application to 
the Forest Service

[[Page 140]]

Regional Forester of the region in which the manufacturing facility 
being sourced is located. Where the sourcing area application will cover 
purchases from more than one agency, application is to be made to the 
agency from which the applicant expects to purchase the preponderance of 
its Federal timber. The sourcing area applicant must also send a 
complete copy of the application to each agency concerned. The lead 
agency shall make the decision in consultation with, and upon co-
signature of, the other agencies concerned.
    (f) Signatory procedures. Sourcing area applications must be signed 
by the person making the request, or in the case of a corporation, by 
its Chief Executive Officer, and must be notarized. The application 
shall be on company letterhead.
    (g) The sourcing area application and review process will be 
conducted pursuant to the Rules of Practice Governing the Adjudication 
of Sourcing Area Applications and Formal Review of Sourcing Areas 
Pursuant to the Forest Resources Conservation and Shortage Relief Act of 
1990 (16 U.S.C. 620, et seq.), found at 7 CFR part 1, subpart M.
    (h) A final decision on a sourcing area application or a formal 
sourcing area review will be issued within four (4) months of the 
receipt of the application or initiation of the review.
    (i) The following criteria must be met for sourcing area approval:
    (1) The Administrative Law Judge, or, on appeal, the Judicial 
Officer must find that the proposed sourcing area is geographically and 
economically separate from any area that the applicant harvests or 
expects to harvest for export any unprocessed timber originating from 
private lands. In making such a finding, the Administrative Law Judge, 
or, on appeal, the Judicial Officer shall consider the timber purchasing 
patterns of the applicant on private and Federal lands equally with 
those of other persons in the same local vicinity and the relative 
similarity of such purchasing patterns.
    (2) The ``same local vicinity'' will normally be manufacturing 
facilities located within 30 miles of the community where the 
applicant's manufacturing facility is located, but may include more 
distant communities if manufacturing facilities in those communities 
depend on the same source of timber and have similar purchasing 
patterns.
    (3) The relative similarity of purchasing patterns of other mills 
shall be determined by considering the location and similarity of 
unprocessed timber being acquired by those facilities.
    (4) Lines defining the geographic area shall be based on major 
natural and cultural features, including, but not limited to, prominent 
ridge systems, main roads or highways, rivers, political subdivisions, 
and not characterized by random lines.
    (j) Comments. Persons may submit comments on sourcing area 
applications pursuant to the Rules of Practice Governing the 
Adjudication of Sourcing Area Applications and Formal Review of Sourcing 
Areas Pursuant to the Forest Resources Conservation and Shortage Relief 
Act of 1990 (16 U.S.C. 620, et seq.), found at 7 CFR part 1, subpart M. 
Persons submitting a comment must certify at the end of the comment, but 
before the signature, to the following: ``I certify that the information 
provided by me is true and accurate, to the best of my knowledge, and I 
understand that failure to provide true and accurate information could 
be violation of the False Statements Act (18 U.S.C. 1001).''
    (k) Transporting or causing to be transported unprocessed private 
timber from outside of a sourcing area into a sourcing area by the 
holder of the sourcing area is prohibited as a violation of the sourcing 
area boundary. Such violation will cause a review of the sourcing area, 
and could subject the sourcing area holder to the penalties and remedies 
for violations of the Forest Resources Conservation and Shortage Relief 
Act of 1990, 16 U.S.C. 620, et seq., and its implementing regulations.
    (l) A person with an approved sourcing area may relinquish the 
sourcing area at any time provided the person certifies to the 
following:

    ``I am relinquishing the approved sourcing area, described in the 
Secretary's determination in FSAA ________ on ________, 19____. I 
understand that I may not export unprocessed timber originating from 
private lands west of the 100th meridian in the contiguous

[[Page 141]]

48 States during the fiscal year in which I have unprocessed timber 
originating from Federal lands west of the 100th meridian in the 
contiguous 48 States in my possession or under contract, pursuant to the 
prohibition against substitution in the Forest Resources Conservation 
and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (``Act'') and 
its implementing regulations. I also understand that I may not purchase 
unprocessed timber originating from Federal lands west of the 100th 
meridian in the contiguous 48 States within 24 months of having exported 
unprocessed timber originating from private lands west of the 100th 
meridian in the contiguous 48 States, pursuant to the prohibitions 
against substitution in the Act and its implementing regulations. I make 
this certification with full knowledge and understanding of the Act and 
its implementing regulations and do fully understand that exporting 
unprocessed timber originating from private lands west of the 100th 
meridian in the contiguous 48 States during a fiscal year in which I 
have unprocessed timber originating from Federal lands west of the 100th 
meridian in the contiguous 48 States in possession or under contract, or 
purchasing unprocessed timber originating from Federal lands west of the 
100th meridian in the contiguous 48 States within 24 months of having 
exported unprocessed timber originating from private lands west of the 
100th meridian in the contiguous 48 States is a violation of the 
substitution provisions of the Act and the False Statements Act (18 
U.S.C. 1001), and may subject me to the penalties and remedies provided 
for such violation.''

    The certificate must be signed by the person making such 
certification or, in the case of a corporation, by its Chief Executive 
Officer; must be on company letterhead; and must be notarized.
    (m) A sourcing area is in effect until it is relinquished by the 
sourcing area holder, or is disapproved upon review of the sourcing 
area.



Sec. 223.191  Sourcing area disapproval and review procedures.

    (a) Notwithstanding any other provision of law, an applicant whose 
sourcing area application was submitted by December 20, 1990, and was 
disapproved could either phase out of purchasing Federal timber or phase 
out of exporting unprocessed timber originating from private lands 
within the sourcing area that would have been approved, as follows:
    (1) Phase-out of Federal timber purchasing. The applicant could 
purchase, in the 9-month period after receiving the application 
disapproval, unprocessed timber originating from Federal lands in the 
disapproved sourcing area, in an amount not to exceed 75 percent of the 
annual average of such person's purchases of unprocessed Federal timber 
in such area during the 5 full fiscal years immediately prior to the 
date of submission of the application. In the 6-month period immediately 
following the 9-month period, such person could purchase not more than 
25 percent of such annual average, after which time the prohibitions 
against direct substitution, set forth in Sec. 223.189 of this subpart, 
shall apply; or
    (2) Phase-out of private timber exporting. The applicant could 
continue to purchase unprocessed timber originating from Federal lands 
within the disapproved sourcing area without being subject to the phase-
out of Federal timber purchasing procedures described in paragraph (a) 
of this section, if the following requirements were met:
    (i) The applicant certified to the Regional Forester or the 
approving official to whom such authority has been delegated, within 90 
days after receiving the disapproval decision, as follows:
    (A) An applicant that has exported unprocessed timber originating 
from private lands from the geographic area that would have been 
approved provided a signed certification that reads as follows:

    ``I have engaged in the exporting of unprocessed private timber 
originating from private lands located within the geographic area the 
approving official would have approved as a sourcing area for my 
manufacturing facility. I desire to continue purchasing unprocessed 
Federal timber from within such area. I hereby certify that I will cease 
all exporting of unprocessed timber from private lands located within 
the area that would have been approved by [the applicant shall insert 
date 15 months from date of receipt of the disapproval decision]. I 
agree to retain records of all transactions involving acquisition and 
disposition of unprocessed timber from both private and Federal lands 
within the area involved in the certification, for a period of three (3) 
years beginning on the date of receipt of the disapproval notification, 
and to make such records available for inspection upon the request of 
the Regional Forester, or other official to whom such authority has been 
delegated. I make this certification with full knowledge and

[[Page 142]]

understanding of the requirements of the Forest Resources Conservation 
and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act) and do 
fully understand that failure to cease such exporting as certified will 
be a violation of the Act and may subject me to the penalties and 
remedies for such violation. Further, I fully understand that such 
violation may subject me to the penalty of perjury pursuant to the False 
Statements Act (18 U.S.C. 1001). I certify that the information in this 
certificate is true, complete, and accurate to the best of my knowledge 
and belief.'';


or,

    (B) An applicant who has not exported unprocessed timber originating 
from private lands from the geographic area that the Secretary would 
have approved provided a signed certification that reads as follows:

    ``I have not exported timber originating from private lands within 
both the sourcing area that the Secretary would have approved and the 
disapproved sourcing area in the past 24 months, pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.), and I am accepting the area that the Secretary would have 
approved as my sourcing area. I certify that the information in this 
certificate is true, complete, and accurate to the best of my knowledge 
and belief.''

    (ii) Each certification statement set forth in paragraph (a)(2)(i) 
of this section must have been signed by the person making such 
certification or, in the case of a corporation, by its Chief Executive 
Officer; must have been on company letterhead; must have been notarized; 
and must have had a corporate seal attached.
    (iii) The person signing such certification set forth in paragraph 
(a)(2)(i)(A) of this section must have provided to the Regional Forester 
the annual volume of timber exported by that person during the five (5) 
full fiscal years immediately preceding submission of the application, 
originating from private lands in the geographic area for which the 
application would have been approved.
    (iv) When the applicant submitted the certificate, the area the 
Secretary would have approved, as shown on the sourcing area map 
provided by the Secretary, became an approved sourcing area. If the 
certificate was not submitted, the sourcing area that would have been 
approved did not become an approved sourcing area.
    (3) The phase-out of Federal timber purchasing and the phase-out of 
private timber exporting procedures provided by paragraphs (a)(1) and 
(a)(2) of this section do not apply to persons submitting sourcing area 
applications after December 20, 1990, or to persons requesting review of 
disapproved sourcing areas.
    (b) Limits on purchases and exports. (1) During the 15-month period 
following disapproval of a sourcing area, a person who elects to phase-
out of private timber exporting as described in paragraph (a)(2) of this 
section, may not:
    (i) Purchase more than 125 percent of the person's annual average 
purchases of unprocessed timber originating from Federal lands within 
the person's disapproved sourcing area during the five (5) full fiscal 
years immediately prior to submission of the application; and,
    (ii) Export unprocessed timber originating from private lands in the 
geographic area determined by the approving official for which the 
application would have been approved, in amounts that exceed 125 percent 
of the annual average of that person's exports of unprocessed timber 
from such private land during the five (5) full years immediately prior 
to submission of the application.
    (2) At the conclusion of the 15-month export phase-out period, the 
prohibition against exporting private timber originating from within the 
area shall be in full force and effect as long as the sourcing area 
remains approved, pursuant to this subpart F of this part 223.
    (c) Presentation of map to applicant whose sourcing area is 
disapproved. The area determined by the deciding official that would 
have been approved shall be drawn on a map and presented to the 
applicant by the deciding official with the notice of disapproval of the 
application.
    (d) Effect of prior certification to cease exporting. An applicant's 
previous certification to cease exporting beginning February 20, 1991, 
for a period of three (3) years from within the disapproved sourcing 
area pursuant to paragraphs (f) and (g) in Sec. 223.189 of this subpart 
shall remain in full force and effect for

[[Page 143]]

persons with approved and disapproved sourcing areas.
    (e) Review process and frequency. (1) Approved sourcing areas shall 
be reviewed not less often than every five (5) years. A tentative date 
for a review shall be included in the Administrative Law Judge's, or, on 
appeal, the Judicial Officer's determination or stated in writing by the 
Regional Forester following the determination. At least 60 days prior to 
the tentative review date, the Regional Forester or other such reviewing 
official shall notify the person holding the sourcing area of the 
pending review, publish notice of such review in newspapers of general 
circulation within the sourcing area, and invite comments, to be 
received no later than 30 days from the date of the notice, from all 
interested persons, including the person holding the sourcing area. For 
10 working days following the comment period, any person submitting a 
written comment and the person with the sourcing area may review the 
comments. If there is disagreement among the persons who submitted 
written comments regarding the proper sourcing area, the reviewing 
official shall convene an informal meeting convenient to the persons 
that all interested persons may attend. If an agreement cannot be 
reached among the persons, formal administrative adjudication shall 
occur. The Administrative Law Judge, or, on appeal, the Judicial Officer 
shall, on the record and after opportunity for a hearing, approve or 
disapprove the sourcing area being reviewed, pursuant to the Rules of 
Practice Governing the Adjudication of Sourcing Area Applications and 
Formal Review of Sourcing Areas Pursuant to the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.), 
found at 7 CFR part 1, subpart M.
    (2) Disapproved sourcing areas shall be reviewed using the process 
described in paragraph (e)(1) of this section upon resubmission of an 
application, provided the applicant has accepted the area the Secretary 
would have approved as a sourcing area pursuant to paragraph (a)(2) of 
this section.
    (3) The Department reserves the right to schedule a review, at the 
request of the Forest Service or the person holding the sourcing area, 
at any time prior to the scheduled tentative review date, with 60 days 
notice.
    (4) Sourcing areas being reviewed shall continue in full force and 
effect pending the final review determination.
    (f) Reporting and record keeping procedures. The reporting and 
record keeping procedures in this section constitute information 
collection requirements as defined in 5 CFR part 1320. These 
requirements have been approved by the Office of Management and Budget 
and assigned clearance number 0596-0115.



Sec. 223.192  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 sourcing 
area.
    (b) The prohibition against the purchase of Federal timber for a 
person who has exported unprocessed timber originating from private 
lands within the preceding 24-month period shall not apply, if the 
person certified in writing to the Regional Forester of the region(s) in 
which the person purchases National Forest System timber by November 20, 
1990, that the person would cease exporting unprocessed timber 
originating from private lands by February 20, 1991, for a period of 
three (3) years, and the exporting did cease in accordance with such 
certification.
    (c) To obtain an exemption from the prohibition against export 
within the preceding 24-month period for purchasing Federal timber 
described in Sec. 223.189 (a) and (b) of this subpart, a person must 
have applied in writing to the applicable Regional Forester on or before 
November 20, 1990. The application was required to be on company 
letterhead and, in the case of a corporation, with its corporate seal 
affixed, and must have included:
    (1) An agreement to retain records of all transactions involving 
acquisition and disposition of unprocessed timber from both private and 
Federal lands within the area(s) involved in the certification, for a 
period of three (3) years beginning November 20, 1990, and

[[Page 144]]

to make such records available for inspection upon the request of the 
Regional Forester, or other official to whom such authority has been 
delegated.
    (2) A signed certification which reads as follows:

    ``I have engaged in the exporting of unprocessed timber originating 
from private lands located west of the 100th meridian in the contiguous 
48 States during the preceding 24 months. I desire to purchase directly 
from a department or agency of the United States, unprocessed timber 
originating from Federal lands located in such area of the United 
States. I make this certification for the exemption from the prohibition 
against export within the preceding 24-month period for purchasing 
Federal timber required by the Forest Resources Conservation and 
Shortage Relief Act of 1990 (Pub. L. No. 101-382, August 20, 1990, 16 
U.S.C. 620, et seq.) (Act). I hereby certify that I will cease all 
exporting of such unprocessed private timber from west of the 100th 
meridian in the contiguous 48 States of the United States by February 
20, 1991. I make this certification with full knowledge and 
understanding of the requirements of this Act and do fully understand 
that failure to cease such exporting as certified will be a violation of 
this Act (16 U.S.C. 620d) and the False Statements Act (18 U.S.C. 1001), 
and may subject me to the penalties and remedies provided for such 
violation.''

    (3) The certification must have been signed by the person making 
such certification or, in the case of a corporation, by its Chief 
Executive Officer. The certificate must have been notarized.



Sec. 223.193  Procedures for reporting acquisition and disposition of unprocessed Federal timber.

    (a) Annual report. Each person who directly or indirectly acquires 
or possesses unprocessed timber originating from National Forest System 
lands located west of the 100th meridian in the 48 contiguous States 
shall submit an annual report on a form provided by the Forest Service 
on the acquisition and disposition of such timber. Such report shall be 
on a calendar year basis and shall be sent to the Regional Forester, or 
other official to whom such authority is delegated, who administers the 
National Forest System lands from which the majority of timber 
originated, not later than March 1 of each year, beginning March 1, 
1997. The form shall include:
    (1) A summary for the calendar year listing, by company, from whom 
the timber was acquired; the date of acquisition; the origin of National 
Forest System timber acquired; the sale name; the contract number(s); 
brand registration number(s) of brands registered by a state or agency 
or a pictorial representation of sale brand(s) if brands not registered 
by a state or agency; to whom the timber was sold, transferred or 
otherwise conveyed to another person; and the date of disposal;
    (2) An accounting by origin, in net board feet Scribner or cubic 
feet, of the volume of National Forest System timber acquired, the 
volume domestically processed by the purchaser or affiliates, and the 
volume sold or transferred for domestic processing;
    (3) The volume by species of National Forest System surplus species 
timber acquired and exported or sold for export;
    (4) The volume (MBF Net Scribner or cubic) of the unprocessed timber 
originating from private lands west of the 100th meridian in the 
contiguous 48 States that was exported, and
    (5) A certificate stating that:
    (i) The certifier has read and understands the form;
    (ii) The certifier is eligible to acquire unprocessed timber 
originating from Federal lands in accordance with the Act;
    (iii) The information supplied is a true, accurate, current, and 
complete statement of the receipt and disposition of unprocessed timber 
originating from National Forest System lands to the best of the 
certifier's knowledge;
    (iv) The certifier agrees to retain a copy of the form and records 
of all transactions involving unprocessed Federal timber and to make 
such records available for inspection upon request of an authorized 
official of the United States for three (3) years from the date of 
disposal by manufacture or transfer; and
    (v) The certifier acknowledges that failure to report completely and 
accurately the receipt and disposition of timber will subject the 
certifier to the penalties and remedies in the Act and

[[Page 145]]

the penalties in the False Statements Act (18 U.S.C. 1001).
    (6) The information provided is presumed to be not confidential, 
unless specifically marked confidential, in which case confidentiality 
will be evaluated under applicable laws.
    (b) Transfer of unprocessed National Forest System timber. Each 
person who transfers to another person unprocessed timber originating 
from National Forest System lands shall undertake the following:
    (1) Before completing such transfer, provide to such other person a 
written notice of origin, species, estimated volume or actual volume if 
the transfer is based on log scale volume, from whom acquired, sale 
name, contract number, and log brand of unprocessed National Forest 
System timber being transferred on a form provided by the Forest 
Service;
    (2) Before completing such transfer, certify that the information 
supplied is a true, accurate, current, and complete statement to the 
best of his or her knowledge. As part of the certification, the 
certifier shall:
    (i) Agree to send a signed copy of the form required in paragraph 
(b)(1) of this section within 10 calendar days of such transfer, which 
shall include all notices, acknowledgments, and agreements, required by 
this section, to the appropriate Regional Forester who administers the 
National Forest System lands from which this timber originates, or other 
official to whom such authority is delegated, and to retain a copy for 
the certifier's records;
    (ii) Acknowledge that the transfer of unprocessed Federal timber to 
a person for export or to a person who may not purchase timber directly 
from the Federal government is a violation of the Act;
    (iii) Agree to obtain full completed notice of origin form from the 
transferee;
    (iv) Agree to retain records of all transactions involving 
unprocessed Federal timber for a period of three (3) years from the date 
of transfer and to make all records involving log transactions available 
to an appropriate Federal official upon request. Records include all 
forms and certificates required by these regulations;
    (v) Acknowledge that failure to report completely and accurately the 
receipt and disposition and/or transfer of unprocessed National Forest 
System timber will subject the certifier to the penalties and remedies 
in the Act (16 U.S.C. 620, et seq.) and the penalties in the False 
Statements Act (18 U.S.C. 1001); and
    (vi) Certify that he or she has read and understands the form.
    (3) Before completing such transfer, obtain from the person 
acquiring such timber on the same form provided by the Forest Service.
    (i) An agreement to retain for a period of three (3) years from date 
of transfer the records of all sales, exchanges, or other disposition of 
such timber, and make such records available for inspection upon the 
request of an authorized official of the United States;
    (ii) An agreement to allow Federal officials access to log storage 
and processing facilities for the purpose of monitoring compliance with 
the Act and implementing regulations;
    (iii) An agreement to maintain and/or replace all brands and paint 
identifying the Federal origin of each piece of unprocessed Federal 
timber as described in Sec. 223.195;
    (iv) An agreement to submit, by March 1, the annual report required 
in Sec. 223.193(a);
    (v) An agreement to submit a completed notice of origin form for the 
Federal timber received and to receive an agreement to comply with the 
Act and regulations in such form if the person transfers any or all of 
the timber listed in the document;
    (vi) An acknowledgment of the prohibition against acquiring 
unprocessed Federal timber from a person who is prohibited by the Act 
from purchasing the timber directly from the United States;
    (vii) An acknowledgment of the prohibitions against exporting 
unprocessed Federal timber and against acquiring such timber in 
substitution for unprocessed private timber west of the 100th meridian 
in the contiguous 48 States;
    (viii) A declaration of its business size and manufacturing 
classification, as defined under the Small Business

[[Page 146]]

Administration Regulations at 13 CFR part 121; and
    (ix) A certificate stating that the certifier has read and 
understands the form; is eligible to acquire unprocessed timber 
originating from Federal lands in accordance with the Act; has been 
notified that some or all of the unprocessed timber included in this 
transfer is subject to export and substitution restrictions; supplied 
information is a true, accurate, current, and complete statement of the 
receipt and disposition of the unprocessed timber originating from 
National Forest System lands to the best of the certifier's knowledge; 
and acknowledges that failure to report completely and accurately the 
transfer of unprocessed Federal timber will subject the certifier to the 
penalties and remedies in the Act (16 U.S.C. 620, et seq.) and the 
penalties in the False Statements Act (18 U.S.C. 1001). The information 
provided is presumed to be not confidential, unless specifically marked 
confidential, in which case confidentiality will be evaluated under 
applicable laws.
    (4) Except as otherwise provided by law, a person who transfers 
unprocessed Federal timber to another person and meets all notice, 
certification, acknowledgment, reporting and record keeping requirements 
contained in this section shall be relieved from further liability for 
such timber pursuant to the Act.



Sec. 223.194  Procedures for reporting the acquisition and disposition of unprocessed private timber.

    (a) Notice of domestic processing requirement. Each person who 
acquires unprocessed timber originating from Federal lands located west 
of the 100th meridian in the 48 contiguous States, and who also 
possesses or acquires unprocessed timber from private lands located west 
of the 100th meridian in the 48 contiguous States that requires domestic 
processing, including unprocessed timber originating within an approved 
sourcing area, and in turn sells, trades or otherwise conveys such 
unprocessed private timber to another person, must include a statement 
notifying the person acquiring the unprocessed private timber that such 
private timber must be domestically processed. Unprocessed timber 
originating from private lands located outside of a sourcing area may be 
transferred by the holder of the sourcing area, or by persons acquiring 
such unprocessed timber who are eligible to export such timber, without 
including such a statement.
    (b) The notification statement, pursuant to paragraph (a) of this 
section, shall accompany each transaction involving unprocessed private 
timber that requires domestic processing. The statement shall be on a 
form provided by the Forest Service or a legible copy of such form.
    (1) On such form, described in paragraph (b) of this section, the 
person transferring the timber shall:
    (i) Give notice to the person receiving the unprocessed private 
timber that exporting that timber would violate the Act and its 
implementing regulations;
    (ii) Give notice to the person receiving the unprocessed private 
timber that the timber has been identified for domestic manufacturing by 
a spot of highway yellow paint on each log end that must be retained on 
the timber;
    (iii) Agree to send a signed copy of the transaction statement to 
the Regional Forester within 10 calendar days of the transaction;
    (iv) Agree to retain records of all transactions involving the 
acquisition and disposition of unprocessed timber for a period of three 
(3) years from the date of disposal by manufacturing or transfer and to 
make such records available for inspection upon the request of an 
authorized official of the United States;
    (v) Acknowledge that failure to completely and accurately report and 
identify unprocessed timber is a violation of the Act, and regulations 
issued under the Act, and the False Statements Act (18 U.S.C. 1001); and
    (vi) Certify that the form has been read and understood.
    (2) On such form, described in paragraph (b), the person acquiring 
the timber shall:
    (i) Acknowledge receipt of the notice of requirement to domestically 
process timber originating from private land;
    (ii) Certify that a statement pursuant to paragraph (b)(1) will be 
included

[[Page 147]]

in any subsequent transaction documents;
    (iii) Agree to maintain yellow paint markings on each log end until 
the timber is domestically processed or transferred;
    (iv) Agree to retain records of all transactions involving the 
acquisition and disposition of unprocessed timber for a period of three 
(3) years from the date of disposal by manufacturing or transfer and to 
make such records available for inspection upon the request of an 
authorized official of the United States;
    (v) Agree to send a signed copy of the transaction statement to the 
Regional Forester within 10 calendar days of the transaction;
    (vi) Agree to allow authorized officials access to log storage and 
processing facilities for the purpose of monitoring compliance with the 
Act and its implementing regulations;
    (vii) Acknowledge that failure to comply with the domestic 
manufacturing requirements for unprocessed timber or failure to notify 
subsequent persons of this requirement may subject the certifier to the 
civil penalties and administrative remedies provided in the Act and 
regulations issued under the Act;
    (viii) Acknowledge that failure to completely and accurately report 
and identify unprocessed timber is a violation of the Act, and 
regulations issued under the Act, and the False Statements Act (18 
U.S.C. 1001); and
    (ix) Certify that the form has been read and understood.
    (c) Except as otherwise provided by law, a person who transfers 
unprocessed private timber to another person and meets all notice, 
certification, acknowledgement, distribution, reporting and record 
keeping requirements contained in this section shall be relieved from 
further liability for such timber with regard to the export and 
substitution restrictions pursuant to the Act.



Sec. 223.195  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 the contiguous 48 States 
shall be reserved for identifying logs requiring domestic manufacturing.
    (b) Preserving identification. All identifying marks placed on an 
unprocessed log to identify the National Forest System origin of that 
log and/or to identify the log as requiring domestic processing shall be 
retained on the log until the log is domestically processed. If the 
identifying marks are lost, removed, or become unreadable, they shall be 
replaced. If the log is cut into two or more segments, each segment 
shall be identified in the same manner as the original log.
    (1) A generic log hammer brand, known as a ``catch brand'', used to 
identify ownership, may be used to replace lost, removed, unreadable or 
otherwise missing brands where such use is authorized by the Regional 
Forester and approved by the Contracting Officer. Use of such a catch 
brand on a log or log segment will signify Federal origin.
    (2) The requirement to preserve identification of log pieces shall 
not apply to logs cut into two or more segments as a part of the mill 
in-feed process immediately before processing. Log segments that are 
returned to or placed in storage must be marked on both ends with yellow 
paint.
    (c) National Forest System logs. Except as otherwise provided in 
this subsection, all unprocessed logs originating from National Forest 
System timber sales west of the 100th meridian in the contiguous 48 
States shall, before being removed from the timber sale area, be marked 
on each end as follows:
    (1) Painted on each end with a spot of highway yellow paint not less 
than three square inches in size; and,
    (2) Branded on each end with a hammer brand approved for use by the 
Forest Supervisor of the National Forest from which the logs originate. 
The brand pattern may not be used to mark logs from any other source for 
a period of 24 months after all logs have been removed from the sale 
area and until such brand pattern is released in writing by the Forest 
Supervisor.
    (d) Private logs. All unprocessed logs originating from private 
lands west of the 100th meridian in the contiguous 48

[[Page 148]]

States that require domestic manufacturing pursuant to Sec. 223.194 of 
this subpart, shall be painted on each end with a spot of highway yellow 
paint not less than three (3) square inches in size before removal from 
the harvest area. If private logs are acquired by a person who may not 
export such logs, the logs must be marked by the person acquiring the 
logs at the time of the acquisition.
    (e) Waiver of painting requirements. The log painting requirements 
pursuant to paragraphs (c)(1) and (d) of this section may be waived if 
the Chief of the Forest Service determines that alternate methods for 
identifying logs required to be domestically processed are equal to or 
better than the procedures required herein.
    (f) Waiver of branding requirements. Regional Foresters may waive 
the branding requirements pursuant to paragraph (c)(2) of this section 
as follows:
    (1) Regions 1, 2, 3, and 4. On an individual timber sale basis, all 
or a portion of the branding requirements pursuant to paragraph (c)(2) 
of this section may be waived, if:
    (i) Unprocessed logs from any origin are not known to have been 
exported by any person from the person's area of operations within the 
previous 5; years.
    (ii) The person certifies as follows:

    ``I hereby request waiver of the requirements to brand each end of 
individual logs originating from the ________ timber sale, Forest 
Service contract number ________ pursuant to 36 CFR 223.195. I certify 
that I have not exported or sold for export unprocessed timber from 
private lands within my area of operations in five years. I certify that 
I understand, that if granted, the waiver applies only to unprocessed 
logs being processed within my area of operations. I certify that any 
unprocessed logs to which this waiver applies that are transferred, or 
sold for transfer, outside my area of operations will be branded on both 
ends in full compliance with 36 CFR 223.195. I make this certification 
with full knowledge and understanding of the requirement of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.) (Act) and its implementing regulations at 36 CFR part 223. I 
fully understand that failure to abide by the terms of the waiver will 
be a violation of this Act (16 U.S.C. 620, et seq.) and the False 
Statements Act (18 U.S.C. 1001) and may subject me to the penalties and 
remedies provided for such violation.'' ;


and,

    (iii) The person otherwise complies with the regulations relating to 
transfers of logs between persons.
    (iv) If the Regional Forester determines that unprocessed logs from 
my origin are being exported, or are known to have been exported within 
the previous 5 years, by any person from the person's area of 
operations, the Regional Forester shall revoke the waiver.
    (2) Regions 5 and 6. On an individual timber sale basis, the 
branding requirement pursuant to paragraph (c)(2) of this section may be 
waived for logs ten (10) inches or less in diameter inside bark on the 
large end may be waived if:
    (i) One end of each log is branded;
    (ii) The person certifies as follows:

    ``I hereby request waiver of the requirement to brand each end of 
individual logs ten (10) inches or less in diameter inside bark on the 
large end, originating from the ________ timber sale, U.S. contract 
number ________ pursuant to 36 CFR 223.195. I certify that I understand, 
if granted, that the waiver applies only to unprocessed logs being 
processed at ________, and further certify that any and all unprocessed 
logs to which waiver would apply that are transferred, or sold for 
transfer, will be branded on both ends in full compliance 36 CFR 
223.195. I make this certification with full knowledge and understanding 
of the requirements of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Pub. L. No. 101-382, August 20, 1990; 16 U.S.C. 620, 
et seq.) (Act) and its implementing regulations at 36 CFR Part 223. I 
fully understand that failure to abide by the terms of the waiver will 
be a violation of this Act (16 U.S.C. 620, et seq.) and the False 
Statements Act (18 U.S.C. 1001) and may subject me to the penalties and 
remedies provided for such violation.'';


and,

    (iii) The purchaser otherwise complies with the regulations relating 
to transfers of logs between persons.
    (iv) If the Regional Forester determines that logs ten (10) inches 
or less in diameter inside bark on the large end are being exported in 
the Region, the Regional Forester shall revoke the waiver.
    (3) The Chief of the Forest Service may authorize the testing of 
alternative methods of branding for consideration in future amendment of 
these regulations. Such alternative methods

[[Page 149]]

and logs marked under those methods shall be closely monitored.



Sec. 223.196  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 a 
person, with willful disregard for the prohibition in the Act exporting 
unprocessed Federal timber, exported or caused to be exported 
unprocessed timber originating from Federal lands in violation of the 
Act, the Secretary may assess against such person a civil penalty of not 
more than $500,000 for each violation, or 3 times the gross value of the 
unprocessed timber involved in the violation, whichever amount is 
greater.
    (b) Other violations. If the Secretary of Agriculture finds, on the 
record and after providing an opportunity for a hearing, that a person 
has violated any provision of the Act, or any regulation issued under 
the Act relating to National Forest System lands, even though that the 
violation may not have caused the export of unprocessed Federal timber 
in violation of such Act, the Secretary may:
    (1) Assess against such person a civil penalty of not more than 
$500,000, if the Secretary determines that the person committed such 
violation willfully;
    (2) Assess against such person a civil penalty of not more than 
$75,000 for each violation, if the Secretary determines that the person 
committeed such violation in disregard of such provision or regulation; 
or
    (3) Assess against such person a civil penalty of not more than 
$50,000 for each violation, if the Secretary determines that the person 
should have known that the action constituted a violation.
    (c) Penalties not exclusive and judicial review. A penalty assessed 
under paragraph (a) or (b) of this section shall not be exclusive of any 
other penalty provided by law, and shall be subject to review in an 
appropriate United States district court.



Sec. 223.197  Civil penalty assessment procedures.

    Adjudicatory procedures for hearing alleged violations of this Act 
and its implementing regulations and assessing penalties shall be 
conducted under the rules of practice governing formal adjudicatory 
proceedings instituted by the Secretary. Such procedures are found at 7 
CFR 1.130, et seq.



Sec. 223.198  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 
such authority is delegated, may cancel any timber sale contract entered 
into with a person found to have violated the Act or regulations issued 
under the Act. Such a finding shall constitute a serious violation of 
contract terms pursuant to Sec. 223.116(a)(1) of this part.



Sec. 223.199  Procedures for cooperating with other agencies.

    The Regional Foresters may enter into agreements to cooperate with 
the Department of the Interior, the Department of Defense, and other 
Federal, State and local agencies for monitoring, surveillance and 
enforcing the Act.



Sec. 223.200  Determinations of surplus species.

    (a) Determinations that specific quantities of grades and species 
are surplus to domestic manufacturing needs and withdrawals of such 
determinations shall be made in accordance with title 5, United States 
Code, section 553.
    (b) Review of a determination shall be made at least once in every 
3-year period. Notice of such review shall be published in the Federal 
Register. The public shall have no less than 30 days to submit comments 
on the review.
    (c) Alaska yellow cedar and Port Orford cedar, which the Secretary 
of Agriculture found to be surplus to domestic processing needs pursuant 
to 36 CFR 223.163, the rules in effect before August 20, 1990, shall 
continue in that status until new determinations are published.



Sec. 223.201  Limitations on unprocessed timber harvested in Alaska.

    Unprocessed timber from National Forest System lands in Alaska may 
not be exported from the United States

[[Page 150]]

or shipped to other States without prior approval of the Regional 
Forester. This requirement is necessary to ensure the development and 
continued existence of adequate wood processing capacity in Alaska for 
the sustained utilization of timber from the National Forests which are 
geographically isolated from other processing facilities. In determining 
whether consent will be given for the export of timber, consideration 
will be given to, among other things, whether such export will:
    (a) Permit more complete utilization on areas being logged primarily 
for local manufacture,
    (b) Prevent loss or serious deterioration of logs unsalable locally 
because of an unforeseen loss of market,
    (c) Permit the salvage of timber damaged by wind, insects, fire or 
other catastrophe,
    (d) Bring into use a minor species of little importance to local 
industrial development, or
    (e) Provide material required to meet urgent and unusual needs of 
the Nation. (16 U.S.C. 472a; 16 U.S.C. 551; 16 U.S.C. 616)



Sec. 223.202  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 and 
Budget (OMB) and assigned Control Number 0596-0114 upon issuance of the 
interim rule. Control Number 0596-0114 has been reapproved by OMB for 
use through May 31, 1997. OMB approved the information collection 
requirements in Sec. Sec. 223.191 and 223.203 for use through August 31, 
1995, and assigned them Control Number 0596-0115. OMB approved the 
information collection requirements in Sec. Sec. 223.48 and 223.87 for 
use through March 31, 1997 and assigned them Control Number 0596-0021; 
the information collection requirements in Sec. Sec. 223.48 and 223.87 
have been revised. OMB Control Numbers 0596-0114, 0596-0115, and 0596-
0021 have been consolidated under OMB Control Number 0596-0114.
    (b) The application and reporting procedures in Sec. Sec. 223.187, 
223.193, 223.194, 223.195, and some of the procedures in Sec. 223.190 of 
this final rule contain new record keeping and reporting requirements as 
defined in 5 CFR part 1320 and, therefore, impose additional paperwork 
burdens on the affected public. The Office of Management and Budget 
(OMB) has approved these requirements, and assigned them Control Number 
0596-0114.



Sec. 223.203  Indirect substitution exception for National Forest System timber from within Washington State.

    (a) Exception limits. A limited amount of unprocessed National 
Forest System timber originating from within Washington State could have 
been acquired by a person otherwise covered by the prohibition against 
indirect substitution, pursuant to Sec. 490(b) of the Act and 
Sec. 223.189(e) of this subpart.
    (1) The amount of such unprocessed timber was limited to whichever 
is less:
    (i) The higher of the applicant's actual purchase receipts for 
unprocessed timber originating from National Forest System lands within 
Washington State or the Department's records, during fiscal years 1988, 
1989, and 1990, divided by 3; or
    (ii) 15 million board feet.
    (2) Such limit shall not exceed such person's proportionate share of 
50 million board feet.
    (b) Application, review and approval process. To obtain a share of 
the 50 million board feet exempted from the prohibition against indirect 
substitution in section 490(b) of the Act, a person must have submitted 
an application. Applications were required to include at least the 
following:
    (1) The amount of volume exception being requested, in thousand 
board feet (MBF);
    (2) A signed certification that reads as follows:

    ``I certify that, except for an approved share of unprocessed 
Federal timber, in accordance with 36 CFR 223.203, the prohibition 
contained in section 490(b) of the Act (16 U.S.C. 620b) applies to me. I 
have exported unprocessed timber originating from private lands from 
west of the 100th meridian in the 48 contiguous States and have acquired 
unprocessed timber from National Forest System lands located within 
Washington State in 1988, 1989 and/or 1990. I certify that the 
information provided in support of this application is a true, accurate, 
current and complete statement, to the best of my knowledge and belief. 
I agree to retain records of all transactions involving the acquisition 
and

[[Page 151]]

disposition of unprocessed timber from Federal lands within the area 
involved in this application for a period of 3 years beginning on the 
date the application is approved, and to make such records available for 
inspection upon the request of the Regional Forester or other official 
to whom such authority has been delegated. I make this certification 
with full knowledge and understanding of the requirements of the Act and 
do fully understand that if this application is approved, the amount of 
exception granted under this approval may not be exceeded in any one 
fiscal year, and do fully understand that if such exception is exceeded 
I will be in violation of the Act (16 U.S.C. 620, et seq.), and I may be 
subject to the penalties and remedies provided for such violation. 
Further, I do fully understand that such violation may subject me to the 
penalty of perjury pursuant to the False Statements Act (18 U.S.C. 
1001).'';


and

    (3) The application listed under this section must have been signed 
by the person making such application or, in the case of a corporation, 
by its Chief Executive Officer. The application must have been on the 
company's letterhead and must have been notarized.
    (4) The application made under this section must have been mailed to 
the Regional Forester in Portland, Oregon, no later than January 8, 
1992. Applicants were notified of the approving official's decision by 
letter. If approved, the amount of the exception becomes effective upon 
publication in the Federal Register.
    (5) Prospective applicants could review Department records upon 
request prior to the deadline for submitting applications. An applicant 
could voluntarily submit information documenting the amount of purchases 
of unprocessed timber originating from National Forest System lands 
within Washington State. The Department then determined which amount is 
higher, verified by either the Department's records or the applicant's 
records. The Department then determined the applicant's portion of the 
50 million board feet by determining the lesser of the amount verified 
by the records or 15 million board feet. Applicants could submit the 
information documenting the amount of purchases in the following manner:
    (i) Actual receipts for purchasing unprocessed timber from National 
Forest System lands within Washington State; or
    (ii) A statement by a certified public accountant of:
    (A) A summary by fiscal year for 1988, 1989 and 1990 of the 
applicant's acquisitions of timber originating from National Forest 
System lands in the State of Washington, listing total volume for each 
of the three fiscal years; and
    (B) The average volume for the three fiscal years. The volumes to be 
reported were the harvest volumes, except in the case of open sales. 
Advertised volumes had to be reported for open sales.
    (C) The certified public accountant must have certified to the 
following:

    ``I certify that under the penalties and remedies provided in 
Sec. 492 of the Act (16 U.S.C. 620d) and the penalty of perjury provided 
in the False Statements Act (18 U.S.C. 1001) that the information 
provided in support of this application is, to the best of my knowledge 
and belief, a true, accurate, current, and complete statement of 
[applicant's company's name] National Forest System timber acquisitions 
originating from within the State of Washington for fiscal years 1988, 
1989 and/or 1990.''

    (D) The certified public accountant's statement and certification 
must have been on the accountant's company letterhead, must have been 
notarized, and must have accompanied the applicant's application.
    (c) Selling and trading rights. The purchase limit right obtained 
under this rule may be sold, traded, or otherwise exchanged with any 
other person subject to the following conditions:
    (1) Such rights may not be sold, traded, or otherwise exchanged to 
persons already in possession of such rights:
    (2) Any person selling, trading, or exchanging any or all of the 
rights obtained under this rule shall advise the Regional Forester of 
the amount being traded and the name(s) of the person(s) acquiring such 
rights within 15 days of the transaction; and
    (3) No person may have or acquire more than 15 million board feet in 
one fiscal year.
    (d) Information collection. The application procedures in this 
section constitute information collection requirements as defined in 5 
CFR part 1320.

[[Page 152]]

These requirements have been approved by the Office of Management and 
Budget and assigned clearance number 0596-0114.
    (e) Persons with approved shares. The application period for shares 
of the indirect substitution exception for acquiring unprocessed timber 
originating from National Forest Systems lands within the State of 
Washington closed on January 8, 1992. Persons with approved shares are 
responsible for monitoring and controlling their acquisitions of 
National Forest System timber originating from within the State of 
Washington to assure approved share amounts are not exceeded in any 
Federal fiscal year. Unused portions of annual shares may not be 
``banked'' for use in future fiscal years. The acquisition of such 
National Forest System timber must be reported to the Forest Service in 
accordance with Sec. 223.193 of this subpart. The following shares are 
approved as of September 8, 1995:
    (1) Cavenham Forest Industries, Portland, OR, 1,048,000 board feet.
    (2) Weyerhauser, Tacoma, WA, 15,000,000 board feet.



PART 228--MINERALS--Table of Contents




                      Subpart A--Locatable Minerals

Sec.
228.1  Purpose.
228.2  Scope.
228.3  Definitions.
228.4  Plan of operations--notice of intent--requirements.
228.5  Plan of operations--approval.
228.6  Availability of information to the public.
228.7  Inspection, noncompliance.
228.8  Requirements for environmental protection.
228.9  Maintenance during operations, public safety.
228.10  Cessation of operations, removal of structures and equipment.
228.11  Prevention and control of fire.
228.12  Access.
228.13  Bonds.
228.14  Appeals.
228.15  Operations within National Forest Wilderness.

                      Subpart B--Leasable Minerals

228.20--228.39  [Reserved]

                Subpart C--Disposal of Mineral Materials

228.40  Authority.
228.41  Scope.
228.42  Definitions.
228.43  Policy governing disposal.
228.44  Disposal on existing Federal leased areas.
228.45  Qualifications of applicants.
228.46  Application of other laws and regulations.

                           General Provisions

228.47  General terms and conditions of contracts and permits.
228.48  Appraisal and measurement.
228.49  Reappraisal.
228.50  Production records.
228.51  Bonding.
228.52  Assignments.
228.53  Term.
228.54  Single entry sales or permits.
228.55  Cancellation or suspension.
228.56  Operating plans.

                      Types and Methods of Disposal

228.57  Types of disposal.
228.58  Competitive sales.
228.59  Negotiated or noncompetitive sales.
228.60  Prospecting permits.
228.61  Preference right negotiated sales.
228.62  Free use.
228.63  Removal under terms of a timber sale or other Forest Service 
          contract.
228.64  Community sites and common-use areas.
228.65  Payment for sales.
228.66  Refunds.
228.67  Information collection requirements.

              Subpart D--Miscellaneous Minerals Provisions

228.80  Operations within Misty Fjords and Admiralty Island National 
          Monuments, Alaska.

                    Subpart E--Oil and Gas Resources

228.100  Scope and applicability.
228.101  Definitions.

                                 Leasing

228.102  Leasing analyses and decisions.
228.103  Notice of appeals of decisions.
228.104  Consideration of requests to modify, waive, or grant exceptions 
          to lease stipulations.

              Authorization of Occupancy Within a Leasehold

228.105  Issuance of onshore orders and notices to lessees.
228.106  Operator's submission of surface use plan of operations.
228.107  Review of surface use plan of operations.

[[Page 153]]

228.108  Surface use requirements.
228.109  Bonds.
228.110  Indemnification.

                      Administration of Operations

228.111  Temporary cessation of operations.
228.112  Compliance and inspection.
228.113  Notice of noncompliance.
228.114  Material noncompliance proceedings.
228.115  Additional notice of decisions.
228.116  Information collection requirements.

Appendix A to Subpart E of Part 228--Guidelines for Preparing Surface 
          Use Plans of Operation for Drilling

    Authority: 30 Stat. 35 and 36, as amended (16 U.S.C. 478, 551); 41 
Stat. 437, as amended, sec. 5102(d), 101 Stat. 1330-256 (30 U.S.C. 226); 
61 Stat. 681, as amended (30 U.S.C. 601); 61 Stat. 914, as amended (30 
U.S.C. 352); 69 Stat. 368, as amended (30 U.S.C. 611); and 94 Stat. 
2400.

    Source: 39 FR 31317, Aug. 28, 1974, unless otherwise noted. 
Redesignated at 46 FR 36142, July 14, 1981.



                      Subpart A--Locatable Minerals



Sec. 228.1  Purpose.

    It is the purpose of these regulations to set forth rules and 
procedures through which 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 to enter 
upon the public lands to search for minerals, shall be conducted so as 
to minimize adverse environmental impacts on National Forest System 
surface resources. It is not the purpose of these regulations to provide 
for the management of mineral resources; the responsibility for managing 
such resources is in the Secretary of the Interior.



Sec. 228.2  Scope.

    These regulations apply to operations hereafter conducted under the 
United States mining laws 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 to which 
such laws are applicable: Provided, however, That any area of National 
Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q) 
is subject to the provisions of this part and the provisions of the 
special act, and in the case of conflict the provisions of the special 
act shall apply.



Sec. 228.3  Definitions.

    For the purposes of this part the following terms, respectively, 
shall mean:
    (a) Operations. All functions, work, and activities in connection 
with prospecting, exploration, development, mining or processing of 
mineral resources and all uses reasonably incident thereto, including 
roads and other means of access on lands subject to the regulations in 
this part, regardless of whether said operations take place on or off 
mining claims.
    (b) Operator. A person conducting or proposing to conduct 
operations.
    (c) Person. Any individual, partnership, corporation, association, 
or other legal entity.
    (d) Mining claim. Any unpatented mining claim or unpatented millsite 
authorized by the United States mining laws of May 10, 1872, as amended 
(30 U.S.C. 22 et seq.).
    (e) Authorized officer. The Forest Service officer to whom authority 
to review and approve operating plans has been delegated.



Sec. 228.4  Plan of operations--notice of intent--requirements.

    (a) Except as provided in paragraph (a)(2) of 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 intention shall be submitted to the District Ranger having 
jurisdiction over the area in which the operations will be conducted. If 
the District Ranger determines that such operations will likely cause 
significant disturbance of surface resources, the operator shall submit 
a proposed plan of operations to the District Ranger.
    (1) The requirements to submit a plan of operations shall not apply:
    (i) To operations which will be limited to the use of vehicles on 
existing public roads or roads used and maintained for National Forest 
purposes,
    (ii) To individuals desiring to search for and occasionally remove 
small mineral samples or specimens,

[[Page 154]]

    (iii) To prospecting and sampling which will not cause significant 
surface resource disturbance and will not involve removal of more than a 
reasonable amount of mineral deposit for analysis and study,
    (iv) tT marking and monumenting a mining claim and
    (v) To subsurface operations which will not cause significant 
surface resource disturbance.
    (2) A notice of intent need not be filed:
    (i) Where a plan of operations is submitted for approval in lieu 
thereof,
    (ii) For operations excepted in paragraph (a)(1) of this section 
from the requirement to file a plan of operations,
    (iii) For operations which will not involve the use of mechanized 
earthmoving equipment such as bulldozers or backhoes and will not 
involve the cutting of trees. Each notice of intent to operate shall 
provide information sufficient to identify the area involved, the nature 
of the proposed operations, the route of access to the area of 
operations and the method of transport. If a notice of intent is filed, 
the District Ranger will, within 15 days of receipt thereof, notify the 
operator whether a plan of operations is required.
    (b) Any person conducting operations on the effective date of these 
regulations, who would have been required to submit a plan of operations 
under Sec. 228.4(a), may continue operations but shall within 120 days 
thereafter submit a plan of operations to the District Ranger having 
jurisdiction over the area within which operations are being conducted: 
Provided, however, That upon a showing of good cause the authorized 
officer will grant an extension of time for submission of a plan of 
operations, not to exceed an additional 6 months. Operations may 
continue according to the submitted plan during its review, unless the 
authorized officer determines that the operations are unnecessarily or 
unreasonably causing irreparable damage to surface resources and advises 
the operator of those measures needed to avoid such damage. Upon 
approval of a plan of operations, operations shall be conducted in 
accordance with the approved plan. The requirement to submit a plan of 
operations shall not apply: (1) To operations excepted in Sec. 228.4(a) 
or (2) to operations concluded prior to the effective date of the 
regulations in this part.
    (c) The plan of operations shall include:
    (1) The name and legal mailing address of the operators (and 
claimants if they are not the operators) and their lessees, assigns, or 
designees.
    (2) A map or sketch showing information sufficient to locate the 
proposed area of operations on the ground, existing and/or proposed 
roads or access routes to be used in connection with the operations as 
set forth in Sec. 228.12 and the approximate location and size of areas 
where surface resources will be disturbed.
    (3) Information sufficient to describe or identify the type of 
operations proposed and how they would be conducted, the type and 
standard of existing and proposed roads or access routes, the means of 
transportation used or to be used as set forth in Sec. 228.12, the 
period during which the proposed activity will take place, and measures 
to be taken to meet the requirements for environmental protection in 
Sec. 228.8.
    (d) The plan of operations shall cover the requirements set forth in 
paragraph (c) of this section, as foreseen for the entire operation for 
the full estimated period of activity: Provided, however, That if the 
development of a plan for an entire operation is not possible at the 
time of preparation of a plan, the operator shall file an initial plan 
setting forth his proposed operation to the degree reasonably 
foreseeable at that time, and shall thereafter file a supplemental plan 
or plans whenever it is proposed to undertake any significant surface 
disturbance not covered by the initial plan.
    (e) At any time during operations under an approved plan of 
operations, the authorized officer may ask the operator to furnish a 
proposed modification of the plan detailing the means of minimizing 
unforeseen significant disturbance of surface resources. If the operator 
does not furnish a proposed modification within a time deemed reasonable 
by the authorized officer, the authorized officer may recommend to

[[Page 155]]

his immediate superior that the operator be required to submit a 
proposed modification of the plan. The recommendation of the authorized 
officer shall be accompanied by a statement setting forth in detail the 
supporting facts and reasons for his recommendations. In acting upon 
such recommendation, the immediate superior of the authorized officer 
shall determine:
    (1) Whether all reasonable measures were taken by the authorized 
officer to predict the environmental impacts of the proposed operations 
prior to approving the operating plan,
    (2) Whether the disturbance is or probably will become of such 
significance as to require modification of the operating plan in order 
to meet the requirements for environmental protection specified in 
Sec. 228.8 and
    (3) Whether the disturbance can be minimized using reasonable means. 
Lacking such determination that unforeseen significant disturbance of 
surface resources is occurring or probable and that the disturbance can 
be minimized using reasonable means, no operator shall be required to 
submit a proposed modification of an approved plan of operations. 
Operations may continue in accordance with the approved plan until a 
modified plan is approved, unless the immediate superior of the 
authorized officer determines that the operations are unnecessarily or 
unreasonably causing irreparable injury, loss or damage to surface 
resources and advises the operator of those measures needed to avoid 
such damage.
    (f) Upon completion of an environmental analysis in connection with 
each proposed operating plan, the authorized officer will determine 
whether an environmental statement is required. Not every plan of 
operations, supplemental plan or modification will involve the 
preparation of an environmental statement. Environmental impacts will 
vary substantially depending on whether the nature of operations is 
prospecting, exploration, development, or processing, and on the scope 
of operations (such as size of operations, construction required, length 
of operations and equipment required), resulting in varying degrees of 
disturbance to vegetative resources, soil, water, air, or wildlife. The 
Forest Service will prepare any environmental statements that may be 
required.
    (g) The information required to be included in a notice of intent or 
a plan of operations, or supplement or modification thereto, has been 
assigned Office of Management and Budget Control 0596-0022. The public 
reporting burden for this collection of information is estimated to vary 
from a few minutes for an activity involving little or no surface 
disturbance to several months for activities involving heavy capital 
investments and significant surface disturbance, with an average of 2 
hours per individual response. This includes time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding the burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden, to Chief (2800), Forest Service, USDA, P.O. Box 
96090, Washington, DC 20090-6090 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.
[39 FR 31317, Aug. 28, 1974. Redesignated at 46 FR 36142, July 14, 1981, 
and amended at 54 FR 6893, Feb. 15, 1989]



Sec. 228.5  Plan of operations--approval.

    (a) Operations shall be conducted in accordance with an approved 
plan 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 Ranger, who shall promptly acknowledge 
receipt thereof to the operator. The authorized officer shall, within 
thirty (30) days of such receipt, analyze the proposal, considering the 
economics of the operation along with the other factors in determining 
the reasonableness of the requirements for surface resource protection, 
and;
    (1) Notify the operator that he has approved the plan of operations; 
or
    (2) Notify the operator that the proposed operations are such as not 
to require an operating plan; or
    (3) Notify the operator of any changes in, or additions to, the plan 
of operations deemed necessary to meet

[[Page 156]]

the purpose of the regulations in this part; or
    (4) Notify the operator that the plan is being reviewed, but that 
more time, not to exceed an additional sixty (60) days, is necessary to 
complete such review, setting forth the reasons why additional time is 
needed: Provided, however, That days during which the area of operations 
is inaccessible for inspection shall not be included when computing the 
sixty (60) day period; or
    (5) Notify the operator that the plan cannot be approved until a 
final environmental statement has been prepared and filed with the 
Council on Environmental Quality as provided in Sec. 228.4(f).
    (b) Pending final approval of the plan of operations, the authorized 
officer will approve such operations as may be necessary for timely 
compliance with the requirements of Federal and State laws, so long as 
such operations are conducted so as to minimize environmental impacts as 
prescribed by the authorized officer in accordance with the standards 
contained in Sec. 228.8.
    (c) A supplemental plan or plans of operations provided for in 
Sec. 228.4(d) and a modification of an approved operating plan as 
provided for in Sec. 228.4(e) shall be subject to approval by the 
authorized officer in the same manner as the initial plan of operations: 
Provided, however, That a modification of an approved plan of operations 
under Sec. 228.4(e) shall be subject to approval by the immediate 
superior of the authorized officer in cases where it has been determined 
that a modification is required.
    (d) In the provisions for review of operating plans, the Forest 
Service will arrange for consultation with appropriate agencies of the 
Department of the Interior with respect to significant technical 
questions concerning the character of unique geologic conditions and 
special exploration and development systems, techniques, and equipment, 
and with respect to mineral values, mineral resources, and mineral 
reserves. Further, the operator may request the Forest Service to 
arrange for similar consultations with appropriate agencies of the U.S. 
Department of the Interior for a review of operating plans.



Sec. 228.6  Availability of information to the public.

    Except as provided herein, all information and data submitted 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 provisions of 7 CFR 1.1-1.6 and 36 CFR 200.5-200.10. 
Specifically identified information and data submitted by the operator 
as confidential concerning trade secrets or privileged commercial or 
financial information will not be available for public examination. 
Information and data to be withheld from public examination may include, 
but is not limited to, known or estimated outline of the mineral 
deposits and their location, attitude, extent, outcrops, and content, 
and the known or planned location of exploration pits, drill holes, 
excavations pertaining to location and entry pursuant to the United 
States mining laws, and other commercial information which relates to 
competitive rights of the operator.



Sec. 228.7  Inspection, noncompliance.

    (a) Forest Officers shall periodically inspect operations to 
determine if 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 
approved plan of operations and the noncompliance is unnecessarily or 
unreasonably causing injury, loss or damage to surface resources the 
authorized officer shall serve a notice of noncompliance upon the 
operator or his agent in person or by certified mail. Such notice shall 
describe the noncompliance and shall specify the action to comply and 
the time within which such action is to be completed, generally not to 
exceed thirty (30) days: Provided, however, That days during which the 
area of operations is inaccessible shall not be included when computing 
the number of days allowed for compliance.



Sec. 228.8  Requirements for environmental protection.

    All operations shall be conducted so as, where feasible, to minimize 
adverse environmental impacts on National

[[Page 157]]

Forest surface resources, including the following requirements:
    (a) Air Quality. Operator shall comply with applicable Federal and 
State air quality standards, including the requirements of the Clean Air 
Act, as amended (42 U.S.C. 1857 et seq.).
    (b) Water Quality. Operator shall comply with applicable Federal and 
State water quality standards, including regulations issued pursuant to 
the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et 
seq.).
    (c) Solid Wastes. Operator shall comply with applicable Federal and 
State standards for the disposal and treatment of solid wastes. All 
garbage, refuse, or waste, shall either be removed from National Forest 
lands or disposed of or treated so as to minimize, so far as is 
practicable, its impact on the environment and the forest surface 
resources. All tailings, dumpage, deleterious materials, or substances 
and other waste produced by operations shall be deployed, arranged, 
disposed of or treated so as to minimize adverse impact upon the 
environment and forest surface resources.
    (d) Scenic Values. Operator shall, to the extent practicable, 
harmonize operations with scenic values through such measures as the 
design and location of operating facilities, including roads and other 
means of access, vegetative screening of operations, and construction of 
structures and improvements which blend with the landscape.
    (e) Fisheries and Wildlife Habitat. In addition to compliance with 
water quality and solid waste disposal standards required by this 
section, operator shall take all practicable measures to maintain and 
protect fisheries and wildlife habitat which may be affected by the 
operations.
    (f) Roads. Operator shall construct and maintain all roads so as to 
assure adequate drainage and to minimize or, where practicable, 
eliminate damage to soil, water, and other resource values. Unless 
otherwise approved by the authorized officer, roads no longer needed for 
operations:
    (1) Shall be closed to normal vehicular traffic,
    (2) Bridges and culverts shall be removed,
    (3) Cross drains, dips, or water bars shall be constructed, and
    (4) The road surface shall be shaped to as near a natural contour as 
practicable and be stabilized.
    (g) Reclamation. Upon exhaustion of the mineral deposit or at the 
earliest practicable time during operations, or within 1 year of the 
conclusion of operations, unless a longer time is allowed by the 
authorized officer, operator shall, where practicable, reclaim the 
surface disturbed in operations by taking such measures as will prevent 
or control onsite and off-site damage to the environment and forest 
surface resources including:
    (1) Control of erosion and landslides;
    (2) Control of water runoff;
    (3) Isolation, removal or control of toxic materials;
    (4) Reshaping and revegetation of disturbed areas, where reasonably 
practicable; and
    (5) Rehabilitation of fisheries and wildlife habitat.
    (h) Certification or other approval issued by State agencies or 
other Federal agencies of compliance with laws and regulations relating 
to mining operations will be accepted as compliance with similar or 
parallel requirements of these regulations.



Sec. 228.9  Maintenance during operations, public safety.

    During all operations operator shall maintain his structures, 
equipment, and other facilities in a safe, neat and workmanlike manner. 
Hazardous sites or conditions resulting from operations shall be marked 
by signs, fenced or otherwise identified to protect the public in 
accordance with Federal and State laws and regulations.



Sec. 228.10  Cessation of operations, removal of structures and equipment.

    Unless otherwise agreed to by the authorized officer, operator shall 
remove within a reasonable time following cessation of operations all 
structures, equipment and other facilities and clean up the site of 
operations. Other than seasonally, where operations have ceased 
temporarily, an operator shall file a statement with the District Ranger 
which includes:

[[Page 158]]

    (a) Verification of intent to maintain the structures, equipment and 
other facilities,
    (b) The expected reopening date, and
    (c) An estimate of extended duration of operations. A statement 
shall be filed every year in the event operations are not reactivated. 
Operator shall maintain the operating site, structures, equipment and 
other facilities in a neat and safe condition during nonoperating 
periods.



Sec. 228.11  Prevention and control of fire.

    Operator shall comply with all applicable Federal and State fire 
laws 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 subcontractors to do likewise.



Sec. 228.12  Access.

    An operator is entitled to access in connection with operations, but 
no road, 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 to off-road vehicles, be used until the operator has 
received approval of an operating plan in writing from the authorized 
officer when required by Sec. 228.4(a). Proposals for construction, 
improvement or use of such access as part of a plan of operations shall 
include a description of the type and standard of the proposed means of 
access, a map showing the proposed route of access, and a description of 
the means of transportation to be used. Approval of the means of such 
access as part of a plan of operations shall specify the location of the 
access route, design standards, means of transportation, and other 
conditions reasonably necessary to protect the environment and forest 
surface resources, including measures to protect scenic values and to 
insure against erosion and water or air pollution.



Sec. 228.13  Bonds.

    (a) Any operator required to file a plan of operations shall, when 
required by the authorized 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 Federal 
depository, as directed by the Forest Service, and maintain therein, 
cash in an amount equal to the required dollar amount of the bond or 
negotiable securities of the United States having market value at the 
time of deposit of not less than the required dollar amount of the bond. 
A blanket bond covering nationwide or statewide operations may be 
furnished if the terms and conditions thereof are sufficient to comply 
with the regulations in this part.
    (b) In determining the amount of the bond, consideration will be 
given to the estimated cost of stabilizing, rehabilitating, and 
reclaiming the area of operations.
    (c) In the event that an approved plan of operations is modified in 
accordance with Sec. 228.4 (d) and (e), the authorized officer will 
review the initial bond for adequacy and, if necessary, will adjust the 
bond to conform to the operations plan as modified.
    (d) When reclamation has been completed in accordance with 
Sec. 228.8(g), the authorized officer will notify the operator that 
performance under the bond has been completed: Provided, however, That 
when the Forest Service has accepted as completed any portion of the 
reclamation, the authorized officer shall notify the operator of such 
acceptance and reduce proportionally the amount of bond thereafter to be 
required with respect to the remaining reclamation.
[39 FR 31317, Aug. 28, 1974; 39 FR 32029, Sept. 4, 1974]



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]



Sec. 228.15  Operations within National Forest Wilderness.

    (a) The United States mining laws shall extend to 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 date the Wilderness was designated by

[[Page 159]]

Congress as a part of the National Wilderness Preservation System. 
Subject to valid existing rights, no person shall have any right or 
interest in or to any mineral deposits which may be discovered through 
prospecting or other information-gathering activity after the legal date 
on which the United States mining laws cease to apply to the specific 
Wilderness.
    (b) Holders of unpatented mining claims validly established on any 
National Forest Wilderness prior to inclusion of such unit in the 
National Wilderness Preservation System shall be accorded the rights 
provided by the United States mining laws as then applicable to the 
National Forest land involved. Persons locating mining claims in any 
National Forest Wilderness on or after the date on which said Wilderness 
was included in the National Wilderness Preservation System shall be 
accorded the rights provided by the United States mining laws as 
applicable to the National Forest land involved and subject to 
provisions specified in the establishing legislation. Persons conducting 
operations as defined in Sec. 228.3 in National Forest Wilderness shall 
comply with the regulations in this part. Operations shall be conducted 
so as to protect National Forest surface resources in accordance with 
the general purposes of maintaining the National Wilderness Preservation 
System unimpaired for future use and enjoyment as wilderness and to 
preserve its wilderness character, consistent with the use of the land 
for mineral location, exploration, development, drilling, and production 
and for transmission lines, water lines, telephone lines, and processing 
operations, including, where essential, the use of mechanized transport, 
aircraft or motorized equipment.
    (c) Persons with valid mining claims wholly within National Forest 
Wilderness shall be permitted access to such surrounded claims by means 
consistent with the preservation of National Forest Wilderness which 
have been or are being customarily used with respect to other such 
claims surrounded by National Forest Wilderness. No operator shall 
construct roads across National Forest Wilderness unless authorized in 
writing by the Forest Supervisor in accordance with Sec. 228.12.
    (d) On all mining claims validly established on lands within the 
National Wilderness Preservation System, the operator shall take all 
reasonable measures to remove any structures, equipment and other 
facilities no longer needed for mining purposes in accordance with the 
provisions in Sec. 228.10 and restore the surface in accordance with the 
requirements in Sec. 228.8(g).
    (e) The title to timber on patented claims validly established after 
the land was included within the National Wilderness Preservation System 
remains in the United States, subject to a right to cut and use timber 
for mining purposes. So much of the mature timber may be cut and used as 
is needed in the extraction, removal, and beneficiation of the mineral 
deposits, if needed timber is not otherwise reasonably available. The 
cutting shall comply with the requirements for sound principles of 
forest management as defined by the National Forest rules and 
regulations and set forth in stipulations to be included in the plan of 
operations, which as a minimum incorporate the following basic 
principles of forest management:
    (1) Harvesting operations shall be so conducted as to minimize soil 
movement and damage from water runoff; and
    (2) Slash shall be disposed of and other precautions shall be taken 
to minimize damage from forest insects, disease, and fire.
    (f) The Chief, Forest Service, shall allow any activity, including 
prospecting, for the purpose of gathering information about minerals in 
National Forest Wilderness except that any such activity for gathering 
information shall be carried on in a manner compatible with the 
preservation of the wilderness environment as specified in the plan of 
operations.

[[Page 160]]



                      Subpart B--Leasable Minerals



Secs. 228.20--228.39  [Reserved]



                Subpart C--Disposal of Mineral Materials

    Source: 49 FR 29784, July 24, 1984, unless otherwise noted.



Sec. 228.40  Authority.

    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 U.S.C. 603-604), July 23, 1955 (30 
U.S.C. 601, 603), and September 25, 1962 (30 U.S.C. 602), and by the 
following: the Act of June 4, 1897 (16 U.S.C. 477); the Act of March 4, 
1917 (16 U.S.C. 520); the Bankhead-Jones Farm Tenant Act of July 22, 
1937 (7 U.S.C. 1010); the Act of September 1, 1949 (section 3) (30 
U.S.C. 192c); the Act of June 30, 1950 (16 U.S.C. 508b); the Act of June 
28, 1952 (section 3) (66 Stat. 285); the Act of September 2, 1958 (16 
U.S.C. 521a); the Act of June 11, 1960 (74 Stat. 205); the Federal 
Highway Act of August 27, 1958 (23 U.S.C. 101 et seq.); and the Alaska 
National Interest Lands Conservation Act of December 2, 1980 (section 
502) (16 U.S.C. 539a).



Sec. 228.41  Scope.

    (a) Lands to which this subpart applies. This subpart applies to all 
National Forest 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 (7 U.S.C. 1010); to 
all National Forest System lands acquired pursuant to the Weeks Act of 
March 1, 1911 (36 Stat. 961); to all National Forest System lands with 
Weeks Act status as provided in the Act of September 2, 1958 (16 U.S.C. 
521a); and to public lands within the Copper River addition to the 
Chugach National Forest (16 U.S.C. 539a). For ease of reference and 
convenience to the reader, these lands are referred to, throughout this 
subpart, as National Forest lands.
    (b) Restrictions. Disposal of mineral materials from the following 
National Forest lands is subject to certain restrictions as described 
below:
    (1) Segregation or withdrawals in aid of other agencies. Disposal of 
mineral materials from lands segregated or withdrawn in aid of a 
function of another Federal agency, State, territory, county, 
municipality, water district, or other governmental subdivision or 
agency may be made only with the written consent of the governmental 
entity.
    (2) Segregated or withdrawn National Forest lands. Mineral materials 
may not be removed from segregated or withdrawn lands where removal is 
specifically prohibited by statute or by public land order. Where not 
specifically prohibited, removal of mineral materials may be allowed if 
the authorized officer determines that the removal is not detrimental to 
the values for which the segregation or withdrawal was made, except as 
provided in paragraph (b)(1) of this section. Where operations have been 
established prior to the effective date of this Subpart and where not 
prohibited by statute, they may be permitted to continue. Nothing in 
this subparagraph is intended to prohibit the exercise of valid existing 
rights.
    (3) Unpatented mining claims. Provided that claimants are given 
prior notice and it has been determined that removal will neither 
endanger nor materially interfere with prospecting, mining, or 
processing operations or uses reasonably incident thereto on the claims, 
disposal of mineral materials may be allowed from:
    (i) Unpatented mining claims located after July 23, 1955; and/or
    (ii) Unpatented mining claims located before July 23, 1955, and on 
which the United States has established the right to manage the 
vegetative and other surface resources in accordance with the Multiple 
Use Mining Act of July 23, 1955 (30 U.S.C. 601, 603, 611-615).
    (4) Acquired Bankhead-Jones lands. Mineral materials on lands which 
were acquired under the authority of the Bankhead-Jones Farm Tenant Act 
of July 22, 1937 (7 U.S.C. 1010-1012), and which lie outside the 
exterior boundaries of National Forests, or on acquired lands which are 
being administered under the Act and which also lie outside the exterior 
boundaries of National Forests, may be disposed of

[[Page 161]]

under these regulations only to public authorities and agencies, and 
only on condition that the mineral materials are used for public 
purposes (7 U.S.C. 1011(c)).
    (c) Mineral materials to which this subpart applies. This subpart 
applies to mineral materials which consist of petrified wood and common 
varieties of sand, gravel, stone, pumice, pumicite, cinders, clay, and 
other similar materials. Such mineral materials include deposits which, 
although they have economic value, are used for agriculture, animal 
husbandry, building, abrasion, construction, landscaping, and similar 
uses. This subpart also applies to other materials which may not be 
minerals but are produced using mining methods, such as peat. The 
categories of these materials, including representative examples, are:
    (1) Agricultural supply and animal husbandry materials. This 
category includes, but is not limited to, minerals and vegetative 
materials used as or for: Soil conditioners or amendments applied to 
physically alter soil properties such as direct applications to the soil 
of carbonate rocks, soil containing ``trace elements'' and peat; animal 
feed supplements; and other animal care products.
    (2) Building materials. Except for minerals identified as Uncommon 
Varieties, this category includes, but is not limited to, minerals used 
as or for: Paint fillers or extenders; flagstone, ashlar, rubble, 
mortar, brick, tile, pipe, pottery, earthenware, stoneware, terrazzo, 
and other nonstructural components in floors, walls, roofs, fireplaces, 
and the like; and similar building uses.
    (3) Abrasive materials. This category includes, but is not limited 
to, minerals used for: Filing; scouring; polishing; sanding; and 
sandblasting.
    (4) Construction materials. This category includes, but is not 
limited to, minerals such as sand, gravel, clay, crushed rock and 
cinders used as or for fill; borrow; rip-rap; ballast (including all 
ballast for railroad use); road base; road surfacing; concrete 
aggregate; clay sealants; and similar construction uses.
    (5) Landscaping materials: This category includes, but is not 
limited to minerals and peat used as or for: Chips, granules, sand, 
pebbles, scoria, cinders, cobbles, boulders, slabs, and other components 
in retaining walls, walkways, patios, yards, gardens, and the like; and 
similar landscaping uses.
    (d) Minerals not covered by this subpart. Mineral materials do not 
include any mineral used in manufacturing, industrial processing, or 
chemical operations for which no other mineral can be substituted due to 
unique properties giving the particular mineral a distinct and special 
value; nor do they include block pumice which in nature occurs in pieces 
having one dimension of two inches or more which is valuable and used 
for some application that requires such dimensions. Disposal of minerals 
not covered by this subpart is subject to the terms of the United States 
Mining Laws, as amended (30 U.S.C. 22 et seq.), on those portions of the 
National Forest System where those laws apply. Such minerals may 
include:
    (1) Mineral suitable and used as soil amendment because of a 
constituent element other than calcium or magnesium carbonate that 
chemically alters the soil;
    (2) Limestone suitable and used, without substantial admixtures, for 
cement manufacture, metallurgy, production of quicklime, sugar refining, 
whiting, fillers, paper manufacture, and desulfurization of stack gases;
    (3) Silica suitable and used for glass manufacture, production of 
metallic silicon, flux, and rock wool;
    (4) Alumino-silicates or clays having exceptional qualities suitable 
and used for production of aluminum, ceramics, drilling mud, taconite 
binder, foundry castings, and other purposes for which common clays 
cannot be used;
    (5) Gypsum suitable and used for wallboard, plaster, or cement.
    (6) Block pumice which occurs in nature in pieces having one 
dimension of two inches or more and which is valuable and used for some 
application that requires such dimensions; and
    (7) Stone recognized through marketing factors for its special and 
distinct properties of strength and durability making it suitable for 
structural support and used for that purpose.
    (e) Limitations on applicability. (1) The provisions of paragraphs 
(c) and (d) of

[[Page 162]]

this section shall not apply to any mining claims for which a Mineral 
Entry Final Certificate was issued on or before January 16, 1991. Nor 
shall these provisions apply to any mining claim located on or before 
July 23, 1955, which has satisfied the marketability test for locatable 
minerals from on or before July 23, 1955, until the present date.
    (2) A use which qualifies a mineral as an uncommon variety under 
paragraph (d) overrides classification of that mineral as a common 
variety under paragraph (c) of this section.
[49 FR 29784, July 24, 1984, as amended at 55 FR 51706, Dec. 17, 1990]



Sec. 228.42  Definitions.

    For the purposes of this subject, the following terms are defined:
    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 as provided in the 
Act of September 2, 1958 (16 U.S.C. 521a).
    Authorized officer. Any Forest Service officer to whom authority for 
disposal of mineral materials has been delegated.
    Common-use area. Generally, a broad geographic area from which 
nonexclusive disposals of mineral materials available on the surface may 
be made to low volume and/or noncommercial users.
    Community site. A site noted on appropriate Forest records and 
posted on the ground from which nonexclusive disposals of mineral 
materials may be made to low volume and/or noncommercial users.
    Contract. A signed legal agreement between the Forest Service and a 
purchaser of mineral materials, which specifies (among other things) the 
conditions of a competitive, negotiated, or preference right sale of 
mineral materials to the purchaser.
    Mineral materials. A collective term used throughout this subpart to 
describe petrified wood and common varieties of sand, gravel, stone, 
pumice, pumicite, cinders, clay, and other similar materials. Common 
varieties do not include deposits of those materials which are valuable 
because of some property giving them distinct and special value, nor do 
they include ``so-called `block pumice' '' which occurs in nature in 
pieces having one dimension of two inches or more and which is valuable 
and used for some application that requires such dimensions.
    Permit. A signed legal document between the Forest Service and one 
who is authorized to remove mineral materials free of charge, which 
specifies (among other things) the conditions of removal by the 
permittee.
    Preference right negotiated sale. A negotiated sale which may be 
awarded in response to the finding and demonstration of a suitable 
deposit of mineral material on acquired National Forest lands as the 
result of exploratory activity conducted under the authority of a 
prospecting permit.
    Prospecting permit. A written instrument issued by the Forest 
Service which authorizes prospecting for a minerial material deposit on 
acquired National Forest lands within specific areas, under stipulated 
conditions, and for a specified period of time.
    Single entry source. A source of mineral materials which is expected 
to be depleted under a single contract or permit or which is reserved 
for Forest Service use.
    Unpatented mining claim. A lode or placer mining claim or a millsite 
located under the General Mining Law of 1872, as amended (30 U.S.C. 21-
54), for which a patent under 30 U.S.C. 29 and regulations of the 
Department of the Interior has not been issued.
    Withdrawn National Forest lands. National Forest System lands 
segregated or otherwise withheld from settlement, sale, location, or 
entry under some or all of all of the general land laws (43 U.S.C. 
1714).
[49 FR 29784, July 24, 1984, as amended at 55 FR 51706, Dec. 17, 1990]



Sec. 228.43  Policy governing disposal.

    (a) General. Forest Service policy is to make mineral materials on 
National Forest lands available to the public and to local, State, and 
Federal government agencies where reasonable protection of, or 
mitigation of effects on, other resources in assured, and where removal 
is not prohibited.

[[Page 163]]

    (1) A contract or permit limits processing of the mineral material 
onsite to the first salable product.
    (2) Additional onsite processing may be authorized by a separate 
permit (36 CFR 251.50).
    (3) The authorized officer must ensure that an environmental 
analysis is conducted for all planned disposals of mineral materials.
    (4) Decisions to authorize the disposal of mineral materials must 
conform to approved land and resource management plans (36 CFR 219.22).
    (b) Price. Mineral materials may not be sold for less than the 
appraised value. The authorized officer may assess a fee to cover costs 
of issuing and administering a contract or permit.
    (c) Conservation. Adequate measures must be taken to protect, and 
minimize damage to the environment. Mineral materials may be disposed of 
only if the authorized officer determines that the disposal is not 
detrimental to the public interest.
    (d) Ownership. Title to the mineral materials vests in the purchaser 
or permittee immediately before excavation, subject to the provisions of 
Secs. 228.47 through 228.56 and other provisions of the contract or 
permit. Title to excavated material not removed within the time provided 
revests in the United States.
    (e) Decisions. All decisions as to whether or not to grant disposals 
proposed under this subpart shall be made in writing by the authorized 
officer. Such decisions must specify their factual and legal basis.
    (f) Option for mining claimants. All mining claimants holding mining 
claims which are located for a mineral classified in accordance with 
this subpart as a mineral material have the option of maintaining that 
the mineral is locatable and filing for patent. All mining claimants 
holding mining claims located in good faith on or before January 16, 
1991, for a mineral classified in accordance with this subpart as a 
mineral material may accept the classification and, if appropriate, 
receive a sale by negotiated contract for that mineral material under 36 
CFR 228.57(b)(2) of this subpart.
[49 FR 29784, July 24, 1984, as amended at 55 FR 51706, Dec. 17, 1990]



Sec. 228.44  Disposal on existing Federal leased areas.

    Mineral material contracts or permits may be issued 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 U.S.C. Appendix); the 1947 Mineral Leasing Act for Acquired 
Lands, as amended (30 U.S.C. 351 et seq.); and the 1970 Geothermal Steam 
Act (30 U.S.C. 1001-1025), provided that it has been determined that 
removal will neither endanger nor unreasonably interfere with lease 
operations, and provided further that the lease terms do not prohibit 
disposal.



Sec. 228.45  Qualifications of applicants.

    The authorized officer may require applicants for prospecting 
permits, negotiated contracts, or free-use permits or bidders for the 
sale of mineral materials to furnish information necessary to determine 
their ability to perform the obligations of the contract or permit.



Sec. 228.46  Application of other laws and regulations.

    All mining operations for removal of mineral materials 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 exceed State and local standards for the protection of public 
safety, health, and the environment, to the extent that such standards 
are not in conflict with Federal purposes and functions.

                           General Provisions



Sec. 228.47  General terms and conditions of contracts and permits.

    (a) Disposal of designated mineral materials. Only those specified 
mineral materials found within the area designated in the contract or 
permit may be extracted and removed.
    (b) Unauthorized removal (trespass) of mineral materials. The 
removal of mineral materials from National Forest lands, except when 
authorized in accordance with applicable law and regulations of the 
Department of Agriculture, is prohibited (36 CFR 261.9).

[[Page 164]]

    (c) Conservation. Mineral material contracts and permits must 
contain provisions to ensure the efficient removal and conservation of 
the mineral material.
    (d) Improvements. Contracts and permits must contain provisions for 
removal or Government retention of improvements.
    (e) Use of existing National Forest development roads. The 
authorized officer may require purchasers and permittees to obtain 
appropriate road-use permits, make deposits for or perform their 
commensurate share of road maintenance, and comply with road-use rules 
contained in 36 CFR part 212, depending upon their planned extent of 
road use.
    (f) Reclamation. Requirements for reclamation of areas disturbed by 
mineral material operations must be included in contracts and permits, 
except for disposals from community sites and common-use areas.



Sec. 228.48  Appraisal and measurement.

    (a) Appraisal. All mineral materials for sale must be appraised to 
determine fair market value. Appraisals must be based on knowledge of 
the extent of the deposit, quality of material, and economic value. A 
sale must not be made at less than the appraised value which may be 
expressed as either price per cubic yard or weight equivalent. In all 
cases the units of measurement must correspond to the units used in the 
appraisal. The authorized officer must estimate and record the amount 
and value of minerals to be disposed of by free-use permit.
    (b) Measurement. The amount of mineral material actually removed may 
be measured by volume, weight, truck tally, by combination of these 
methods, or by such other form of measurement as the authorized officer 
determines to be appropriate and in the public interest.



Sec. 228.49  Reappraisal.

    If an extension of time is granted as provided in Sec. 228.53(b), 
the authorized 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 value becomes the new 
unit value for the remaining unexcavated material; excavated and 
stockpiled material is not subject to reappraisal.



Sec. 228.50  Production records.

    At least annually, the purchaser or permittee must furnish a record 
of 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 or estimate.



Sec. 228.51  Bonding.

    (a) Bond requirements. Before operations may begin under any 
contract or permit, a 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 in paragraphs (a) 
(1) and (3) of this section, where the authorized officer may waive such 
bonding. If an extension of time is granted as provided in 
Sec. 228.53(b), the bond requirements must be recalculated and changed 
accordingly.
    (1) For advance payment contracts for 10,000 cubic yards or more in 
volume (or weight equivalent), a bond of not less than 10 percent of the 
total contract price or the value of the estimated annual production 
(whichever is less), plus the reclamation cost for the area covered by 
annual mining, is required. When the total volume is less than 10,000 
cubic yards, bond requirements, if any, are at the discretion of the 
authorized officer.
    (2) For any defered payment contract, a bond equalling the value of 
the estimated annual production plus the reclamation cost for the area 
covered by annual mining is required.
    (3) For free use, the authorized officer may require a reclamation 
bond which must be sufficient to cover the cost of reclamation of the 
anticipated annual work.
    (b) Types of bonding. A bond must be one of the following:
    (1) A bond of a corporate surety shown on the latest approved list 
issued by the U.S. Treasury Department and executed on an approved 
standard form;
    (2) A cash bond;

[[Page 165]]

    (3) Negotiable securities of the United States;
    (4) An irrevocable letter of credit acceptable to the Forest 
Service;
    (5) A performance bond required by other Forest Service contracts or 
permits, provided the bond covers the performance and reclamation 
requirements related to the removal of mineral material from a 
designated pit or area for use in the performance of the contract or 
permit; or
    (6) Any other types of bond specified in the Forest Service Manual.



Sec. 228.52  Assignments.

    (a) Limitations. A purchaser or permittee may not assign the 
contract or permit, or any interest therein, without the written 
approval of the authorized officer.
    (b) Requirements of assignee. The authorized officer will not 
approve any proposed assignment involving contract or permit performance 
unless the assignee:
    (1) Submits information necessary to assure the authorized officer 
of the assignee's ability to meet the same requirements as the original 
purchaser or permittee (assignor); and
    (2) Furnishes a bond or obtains a commitment from the previous 
surety to be bound by the assignment when approved.
    (c) Rights and obligations. Once the authorized officer approves an 
assignment, the assignee is entitled to all the rights and is subject to 
all of the obligations under the contract or permit, and the original 
purchaser or permittee may be released from any further responsiblity 
under the contract or permit.



Sec. 228.53  Term.

    (a) Time allowed. Except as provided in Sec. 228.61(f), 
Sec. 228.62(b), and elsewhere in 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 materials sold 
under a duration of production contract or under a contract for the sale 
of all mineral material within a specified area, or under a construction 
contract where removal cannot reasonably take place before completion of 
other work under the same contract, the authorized officer will 
establish a reasonable time period for removal.
    (b) Extension of time. If it is shown that a delay in removal was 
due to causes beyond the control of the purchaser or permittee, the 
authorized officer may grant an extension, not to exceed 1 year, upon 
written request. Written requests for extensions of contracts must be 
received between 30 and 90 days before the expiration date of the 
contract. Written requests for extensions of permits must be received 
between 15 and 90 days before the permit expiration date. The authorized 
officer may grant a total of two extensions for contracts and permits.



Sec. 228.54  Single entry sales or permits.

    The purchaser or permittee is required to reclaim a single entry 
source in accordance with an approved operating plan which describes 
operating procedures and reclamation measures, unless the requirement is 
waived by the authorized officer.



Sec. 228.55  Cancellation or suspension.

    The authorized officer may cancel or suspend a contract, permit, or 
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, or damage to surface resources, the 
authorized officer may cancel or suspend the contract, permit, or 
prospecting permit immediately. In cases where noncompliance is of a 
less serious nature, the authorized officer may cancel or suspend a 
contract, permit, or prospecting permit it such noncompliance continues 
for 30 days after service of written notice by the authorized officer. 
If the noncompliance is not corrected, the authorized officer may attach 
the bond to ensure compliance with the provisions of the contract, 
permit, or prospecting permit.



Sec. 228.56  Operating plans.

    Any surface-disturbing operation under a contract, permit, or 
prospecting permit 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

[[Page 166]]

and improvements, including timely reclamation of disturbed lands. 
Significant changes to operations require prior approval of an amended 
operating plan. The operating plan must include, as a minimum, a map and 
explanation of the nature of the access, anticipated activity, surface 
disturbance, and intended reclamation including removal or retention of 
structures and facilities. Operating plans must be submitted by the 
purchaser, permittee, or prospecting permittee, except as noted in 
Sec. 228.64(b).

                      Types and Methods of Disposal



Sec. 228.57  Types of disposal.

    Except as provided in Sec. 228.41(b), disposal of mineral materials 
may be made by:
    (a) Competitive sale to the highest qualified bidder after formal 
advertising and other appropriate public notice;
    (b) Sale by negotiated contract. (1) For removal of materials to be 
used in connection with a public works improvement program on behalf of 
a Federal, State, or local government agency if the public exigency will 
not permit delays incident to advertising, or
    (2) For the removal of mineral materials for which it is 
impracticable to obtain competition;
    (c) Preference right negotiated sale to the holder of a Forest 
Service-issued prospecting permit under which a suitable mineral 
material deposit has been demonstrated on acquired National Forest 
lands;
    (d) Free use when a permit is issued to any nonprofit association, 
corporation, individual, or others listed in Sec. 228.62(d), for other 
than commercial purposes, resale, or barter, or to any Federal, State, 
county, local unit, subdivision, municipality, or county road district 
for use in public projects; or
    (e) Forest Service force account or by contract where the material 
is to be used to carry out various Forest Service programs involving 
construction and maintenance of physical improvements.



Sec. 228.58  Competitive sales.

    (a) Invitation for bid. Sales must be conducted as described below 
after 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 sale area which is available to 
anyone qualified to bid.
    (b) Advertising--(1) Sales over 25,000 cubic yards. Mineral material 
sales offered by competitive bidding and which exceed 25,000 cubic yards 
must be advertised on the same day once a week for two consecutive weeks 
in a newspaper of general circulation in the area where the material is 
located, and in a trade or industrial newspaper when considered 
appropriate. Notice of the sale must be posted in a conspicuous place in 
the office where bids are to be submitted. In addition, the authorized 
officer may send the advertisement directly to known interested persons. 
Bids may be received but not evaluated before the end of the advertising 
period, which may be extended at the discretion of the authorized 
officer.
    (2) Content of advertising. The advertisement of sale must specify 
the location by legal description of the tract or tracts or by any other 
means identify the location of the mineral material deposit being 
offered, the kind of material, estimated quantities, the unit of 
measurement, appraised price (which sets the minimum acceptable bid), 
time and place for receiving and opening of bids, minimum deposit 
required, major special constraints due to environmental considerations, 
available access, maintenance required over haul routes, traffic 
controls, required use permits, required qualifications of bidders, the 
method of bidding, bonding requirement, notice of the right to reject 
any or all bids, the office where a copy of the contract and additional 
information may be obtained, and additional information the authorized 
officer deems necessary.
    (3) Advertising smaller sales. Advertisement of mineral materials 
amounting to 25,000 cubic yards in volume (or weight equivalent) or less 
must be published and/or posted. The methods of advertisement are at the 
discretion of the authorized officer.
    (c) Conduct of sales. (1) Bidding at competitive sales may be 
conducted by the submission of written sealed bids, oral bids, or a 
combination of both as

[[Page 167]]

directed by the authorized officer. In the event of a tie in high sealed 
bids, the highest bidder will be determined by oral auction among those 
tied bidders; when no oral bid is higher that the sealed bids, the 
selected bidder will be determined by lot, the purchase price being the 
amount of the tied bid. For all oral auctions, including those used to 
break sealed-bid ties, the high bidder must confirm the bid in writing 
immediately upon being declared the high bidder. The authorized officer 
must mail notification of the bidding results to all bidders within 10 
days.
    (2) The authorized officer may require bidders to furnish evidence 
of qualification at the time of award or, if such evidence has already 
been furnished and is still valid, make appropriate reference to the 
record containing it.
    (3) When it is in the interest of the United States to do so, the 
authorized officer may reject any or all bids.
    (d) Bid deposits and award of contract. Sealed bids must be 
accompanied by a deposit. For mineral materials offered at oral auction, 
bidders must make the deposit before opening of the bidding.
    (1) Bid deposits must be equal to 10 percent of the appraised value 
but not less than $100.00.
    (2) Bid deposits must be in the form of cash, money order, bank 
drafts, cashier's or certified checks made payable to the Forest 
Service, or bonds acceptable to the Forest Service (Sec. 228.51(b)).
    (3) Upon conclusion of the bidding, the authorized officer will 
return the deposits of all unsuccessful bidders. The successful bidder's 
deposit will be applied toward the purchase price. If the contract is 
not awarded to the high bidder due to an inability to perform the 
obligations of the contract, the deposit, less expenses and damages 
incurred by the United States, may be returned. The return of a deposit 
does not prejudice any other rights or remedies of the United States. 
The contract may be offered and awarded to the next successive qualified 
high bidder, or, at the discretion of the authorized officer, the sale 
may be either readvertised or negotiated if it is determined that a 
competitive sale is impracticable.
    (4) Within 30 days after receipt of the contract, the successful 
bidder must sign and return the contract, together with any required 
bond, unless the authorized officer has granted an extension for an 
additional 30 days. The bidder must apply for the extension in writing 
within the first 30-day period. If the successful bidder fails to return 
the contract within the first 30-day period or within an approved 
extension, the bid deposit, less the costs of readvertising and damages, 
may be returned without prejudice to any other rights or remedies of the 
United States.
    (5) All sales must be processed on Forest Service-approved contract 
forms. The authorized officer may add provisions to the contract to 
cover conditions peculiar to the sale area. Such additional provisions 
must be made available for inspection by prospective bidders during the 
advertising period.



Sec. 228.59  Negotiated or noncompetitive sales.

    (a) Volume limitations. When it is determined by 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 weight equivalent) may be sold in any one sale at not less 
than the appraised value, without advertising or calling for bids, 
except as provided in paragraphs (b) and (c) of this section. The 
authorized officer may not approve noncompetitive sales that exceed the 
total of 200,000 cubic yards (or weight equivalent) made in any one 
State for the benefit of any applicant in any period of 12 consecutive 
months.
    (b) Government programs. In connection with a public works 
improvement project on behalf of a Federal, State, or local governmental 
agency, the authorized officer may sell to an applicant, at not less 
than the appraised value, without advertising or calling for bids, a 
volume of mineral materials not to exceed 200,000 cubic yards (or weight 
equivalent) when the public exigency will not permit delays incident to 
advertising (30 U.S.C. 602).
    (c) Appropriation for highway purposes. For interstate and/or 
Federal aid highways, the Secretary of Transportation

[[Page 168]]

may appropriate any volume in accordance with 23 U.S.C. 107 and 317.
    (d) Use in development of Federal mineral leases. When it is 
determined to be impracticable to obtain competition and the mineral 
materials are to be used in connection with the development of mineral 
leases issued by the United States (Sec. 228.44), the authorized officer 
may sell to a leaseholder a volume of mineral material not to exceed 
200,000 cubic yards (or weight equivalent) in one State in any period of 
12 consecutive months. No charge will be made for materials which must 
be moved in the process of extracting the mineral under lease, as long 
as the materials remain stockpiled within the boundaries of the leased 
area.
    (e) Exceptions. (1) The Chief of the Forest Service may authorize 
the noncompetitive sale of mineral materials in excess of the volume 
limitations in paragraphs (a), (b), and (d) of this section when 
necessary to:
    (i) Respond to an emergency affecting public health, safety or 
property;
    (ii) Prevent the curtailment of operations conducted under the 
United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et 
seq.) which generate large volumes of mineral materials as a by-product; 
or
    (iii) Respond to a critical public need for the prompt development 
of a mineral lease issued by the United States or a mining claim located 
under the United States mining laws of May 10, 1872, as amended (30 
U.S.C. 22 et seq.).
    (2) Any noncompetitive sale of mineral materials in excess of the 
volume limitations in paragraphs (a), (b), and (d) shall be subject to 
such restrictions as the Chief of the Forest Service determines to be in 
the public interest.
    (3) Nothing in this paragraph shall otherwise alter the requirements 
of paragraphs (a) through (d) of this section.
[49 FR 29784, July 24, 1984, as amended at 52 FR 10565, Apr. 2, 1987; 53 
FR 43691, Oct. 28, 1988]



Sec. 228.60  Prospecting permits.

    (a) Right conferred. On acquired National Forest lands, prospecting 
permits 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 is insufficient. After the 
demonstration of a suitable deposit and confirmation of this by the 
authorized officer, the permittee will have a preference right to apply 
for a negotiated sale.
    (b) Limitations. Mineral material may be removed from lands under a 
prospecting permit only to the extent necessary for testing and analysis 
or for the demonstration of the existence of a suitable deposit.
    (c) Environmental analysis. Prospecting permits will be issued only 
after submission by applicant and approval by the authorized officer of 
a detailed operating plan. The authorized officer may require a bond in 
accordance with Sec. 228.51. The authorized officer must ensure 
compliance with the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.).
    (d) Acreage and permit limitations. A prospecting permit may not 
cover more than 640 acres. No individual or group may have an interest 
at any one time in more than three prospecting permits on Forest Service 
lands administered by one Forest Supervisor.
    (e) Duration and extension of permits. Prospecting permits may be 
issued for a period not to exceed 24 months, but they may be extended 
once for up to an additional 24 months if necessary to complete 
prospecting. Any application for extension must be submitted no later 
than 30 days before the expiration of the permit. The application for 
extension must provide evidence of diligence and state the reasons why 
additional time is considered necessary to complete prospecting work.
    (f) Refusal to extend permits. The authorized officer may reject 
applications for extension of prospecting permits for the following 
reasons:
    (1) Failure to perform. Failure of the permittee to perform 
prospecting or exploration work without adequate justification may 
result in the denial of an extension; or
    (2) Failure to apply. If an application for extension is not 
submitted within the specified period, the permit may expire without 
notice to the permittee.
    (3) Public interest. If the authorized officer determines that an 
extension

[[Page 169]]

may not be in the public interest, the application may be rejected.



Sec. 228.61  Preference right negotiated sales.

    (a) Qualification for sale. When applying for a preference right 
negotiated sale, the permittee must demonstrate to the satisfaction of 
the authorized officer that a suitable deposit of mineral material has 
been discovered within the area covered by the prospecting permit. 
Information concerning trade secrets and financial matters submitted by 
the permittee and identified as confidential will not be available for 
public examination except as otherwise agreed upon by the permittee.
    (b) Application for sale. The application must be submitted to the 
District Ranger's office on or before the expiration date of the 
prospecting permit or its extension. The authorized officer may grant 30 
additional days for submitting the application if requested in writing 
by the permittee before expiration of the prospecting permit or its 
extension.
    (c) Terms and conditions of contract. The terms and conditions will 
be evaluated on an individual case basis. Only those mineral materials 
specified in the contract may be removed by the purchaser. Before a 
preference right negotiated contract is awarded, the authorized officer 
must ensure that an environmental analysis is conducted. All contracts 
are subject to the conditions under Secs. 228.47 through 228.56.
    (d) Acreage limitations. The authorized officer will determine the 
amount of acreage in the preference right negotiated sale based on a 
presentation of the permittee's needs. The maximum acreage allowable to 
any individual or group must not exceed 320 acres on National Forest 
lands administered by one Forest Supervisor. The allowable acreage may 
be in one or more units which are not necessarily contiguous.
    (e) Volume limitations. Preference right negotiated sales are exempt 
from volume limitations.
    (f) Contract time allowable. A contract or a renewal must not exceed 
5 years; however, the purchaser may have renewal options at the end of 
each contract or renewal period. The authorized officer may renew a 
contract if it is determined that the renewal is not detrimental to the 
public interest and that the purchaser has demonstrated diligence in 
conducting operations. The authorized officer may cancel the contract, 
or the purchaser may forfeit the contract, if no substantial commercial 
production occurs during any continuous 2-year period after the award of 
the contract or if the contract terms and conditions are breached. 
However, if a delay is caused by conditions beyond the purchaser's 
control, the authorized officer may grant an extension equal to the lost 
time.
    (g) Contract renewal reappraisal. At the time of contract renewal, 
the authorized officer will reappraise the mineral material deposit in 
accordance with Sec. 228.49.



Sec. 228.62  Free use.

    (a) Application. An application for a free-use permit must be made 
with the 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 authorized 
officer as in Sec. 228.53(b). However, the authorized officer may issue 
permits to any local, State, Federal, or Territorial agency, unit or 
subdivision, including municipalities and county road districts, for 
periods up to 10 years.
    (c) Removal by agent. A free-use permittee may extract the mineral 
materials through a designated agent provided that the conditions of the 
permit are not violated. No part of the material may be used as payment 
for the services of an agent in obtaining or processing the material. A 
permit may be issued in the name of a designated agent for those 
entities listed in Sec. 228.62(d)(1), at the discretion of the 
authorized officer, provided there is binding agreement in which the 
entity retains responsibility for ensuring compliance with the 
conditions of the permit.
    (d) Conditions. Free-use permits may be issued for mineral materials 
to settlers, miners, residents, and prospectors for uses other than 
commercial purposes, resale, or barter (16 U.S.C. 477). Free-use permits 
may be issued to local, State, Federal, or Territorial

[[Page 170]]

agencies, units, or subdivisions, including municipalities, or any 
association or corporation not organized for profit, for other than 
commercial or industrial purposes or resale (30 U.S.C. 601). Free-use 
permits may not be issued when, in the judgment of the authorized 
officer, the applicant owns or controls an adequate supply of mineral 
material in the area of demand. The free-use permit, issued on a Forest 
Service-approved form, must include the basis for the free-use as well 
as the provisions governing the selection, removal, and use of the 
mineral materials. No mineral material may be removed until the permit 
is issued. The permittee must notify the authorized officer upon 
completion of mineral material removal. The permittee must complete the 
reclamation prescibed in the operating plan (Sec. 228.56).
    (1) A free-use permit may be issued to any local, State, Federal, or 
Territorial agency, unit, or subdivision, including municipalities and 
county road districts, without limitation on the number of permits or on 
the value of the mineral materials to be extracted or removed.
    (2) A free-use permit issued to a nonprofit association, 
corporation, or individual may not provide for the removal of mineral 
materials having a volume exceeding 5,000 cubic yards (or weight 
equivalent) during any period of 12 consecutive months.
    (e) Petrified wood. A free-use permit may be issued to amateur 
collectors and scientists to take limited quantities of petrified wood 
for personal use. The material taken may not be bartered or sold. Free-
use areas may be designated within which a permit may not be required. 
Removal of material from such areas must be in accord with rules issued 
by the authorized officer and posted on the area. Such rules must also 
be posted in the District Ranger's and Forest Supervisor's offices and 
be available upon request. The rules may vary by area depending on the 
quantity, quality, and accessibility of the material and the demand for 
it.



Sec. 228.63  Removal under terms of a timber sale or other Forest Service contract.

    In carrying out programs such as timber sales that involve 
construction and maintenance of various physical improvements, the 
Forest Service may specify that mineral materials be mined, 
manufactured, and/or processed for incorporation into the improvement. 
Where the mineral material is located on National Forest lands and is 
designated in the contract calling for its use, no permit is required as 
long as an operating plan as described in Sec. 228.56 is required by the 
contract provisions. Title to any excavated material in excess of that 
needed to fulfill contract requirements revests in the United States 
without reimbursement to the contract holder or to agents or 
representatives of the contract holder. Such excess material may be 
disposed of under Secs. 228.58, 228.59, or 228.62.



Sec. 228.64  Community sites and common-use areas.

    (a) Designation. Nonexclusive disposals may be made from 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 analysis.
    (b) Pit plans. The Forest Service must prepare operating plans 
(Sec. 228.56) for the efficient removal of the material and for 
appropriate reclamation of community sites and common-use areas.
    (c) Reclamation. The Forest Service is responsible for reclamation 
of community sites and common-use areas.



Sec. 228.65  Payment for sales.

    (a) Conditions. Mineral materials may not be removed from the sale 
area 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 is begun under the contract or by 
installment at the discretion of the authorized officer. Installment 
payments must be based on the estimated removal rate specified in the 
operating plan and must be, as a minimum, the

[[Page 171]]

value of 1 month's removal. The first installment must be paid before 
removal operations are begun; remaining installments must be paid in 
advance of removal of the remaining materials as billed by the 
authorized officer. The total amount of the purchase price must be paid 
at least 60 days before the expiration date of the contract.
    (2) All advance payment contracts must provide for reappraisal of 
the mineral material at the time of contract renewal or extension.
    (3) Minimum annual production must be sufficient to return a payment 
to the United States equal to the first installment. In lieu of minimum 
production, there must be an annual payment in the amount of the first 
installment which will not be credited to future years' production. 
Payments for or in lieu of minimum annual production must be received by 
the authorized officer on or before the anniversary of the effective 
date of the contract.
    (4) If the purchaser fails to make payments when due, the contract 
will be considered breached; the authorized officer will terminate the 
contract, and all previous payments will be forfeited without prejudice 
to any other rights and remedies of the United States. Forfeiture will 
not result when the purchaser is unable to meet the minimum annual 
production (volume or value) for reasons beyond the purchaser's control.
    (5) In order to determine payment amount, the purchaser must make a 
report of operations. The report must include the amount of mineral 
material removed, which must be verified by the authorized officer.
    (c) Deferred payments. The authorized officer may approve deferred 
payments for sales.
    (1) The purchaser may make payments monthly or quarterly which must 
be based on the in-place value (volume or weight equivalent) of material 
removed during the contract period. The units of measurement must 
correspond to the units used in the appraisal. The purchaser must make 
all payments before contract renewal.
    (2) The purchaser must deliver a bond which conforms to the 
provisions of Sec. 228.51(a)(2) to the authorized officer before 
operations are begun under the contract.



Sec. 228.66  Refunds.

    Upon termination of any contract, payments in excess of $10 may be 
refunded, less 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 mineral material removed, unless it is the minimum annual 
payment in lieu of production;
    (b) Insufficiency of material. If insufficient mineral material 
existed in the sale area to provide the quantity of material estimated 
to have been available;
    (c) Termination. (1) If the contract is terminated by the authorized 
officer for reasons which are beyond the purchaser's control; or
    (2) If the contract is terminated by mutual agreement. This refund 
provision is not a warranty that a specific quantity of material exists 
in the sale area.



Sec. 228.67  Information collection requirements.

    (a) The following sections of this subpart contain information 
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; Sec. 228.52(b)(1), Requirements of assignee; 
Sec. 228.53(b), Extension of time; Sec. 228.56, Operating plans; 
Sec. 228.57(c), Conduct of sales; Sec. 228.60, Prospecting permits; 
Sec. 228.61, Preference right negotiated sales; and Sec. 228.62, Free 
use. These requirements have been approved by the Office of Management 
and Budget and assigned clearance number 0596-0081.
    (b) The public reporting burden for this collection of information 
is estimated to vary from a few minutes to many hours per individual 
response, with an average of 2 hours per individual response, including 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding the burden 
estimate or any other aspect of this collection of information,

[[Page 172]]

including suggestions for reducing this burden, to Chief (2800), Forest 
Service, USDA, P.O. Box 96090, Washington, DC 20090-6090 and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503.
[55 FR 51706, Dec. 17, 1990]



              Subpart D--Miscellaneous Minerals Provisions



Sec. 228.80  Operations within Misty Fjords and Admiralty Island National Monuments, Alaska.

    (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 part and with the provisions of 
this section.
    (b) Prior to approving a plan of operations, the authorized officer 
must consider:
    (1) The resources of ecological, cultural, geological, historical, 
prehistorical, and scientific interest likely to be affected by the 
proposed operations, including access; and
    (2) The potential adverse impacts on the identified resource values 
resulting from the proposed operations.
    (c) A plan of operations will be approved if, in the judgment of the 
authorized officer, proposed operations are compatible, to the maximum 
extent feasible, with the protection of the resource values identified 
pursuant to paragraph (b)(1) of this section.
    (1) The authorized officer will deem operations to be compatible if 
the plan of operations includes all feasible measures which are 
necessary to prevent or minimize potential adverse impacts on the 
resource values identified pursuant to paragraph (b)(1) of this section 
and if the operations are conducted in accordance with the plan.
    (2) In evaluating the feasibility of mitigating measures, the 
authorized officer shall, at a minimum, consider the following:
    (i) The effectiveness and practicality of measures utilizing the 
best available technology for preventing or minimizing adverse impacts 
on the resource values identified pursuant to paragraph (b)(1) of this 
section; and
    (ii) The long- and short-term costs to the operator of utilizing 
such measures and the effect of these costs on the long- and short-term 
economic viability of the operations.
    (3) The authorized officer shall not require implementation of 
mitigating measures which would prevent the evaluation or development of 
any valid claim for which operations are proposed.
    (d) In accordance with the procedures described in subpart A and 
paragraphs (c)(1) through (c)(3) of this section, the authorized officer 
may approve modifications of an existing plan of operations:
    (1) If, in the judgment of the authorized officer, environmental 
impacts unforeseen at the time of approval of the existing plan may 
result in the incompatibility of the operations with the protection of 
the resource values identified pursuant to paragraph (b)(1) of this 
section; or
    (2) Upon request by the operator to use alternative technology and 
equipment capable of achieving a level of environmental protection 
equivalent to that to be achieved under the existing plan of operations.
[51 FR 20827, June 9, 1986]



                    Subpart E--Oil and Gas Resources

    Source: 55 FR 10444, Mar. 21, 1990, unless otherwise noted.



Sec. 228.100  Scope and applicability.

    (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 statutory responsibilities in the issuance of Federal oil 
and gas leases and management of subsequent oil and gas operations on 
National Forest System lands, for approval and modification of attendant 
surface use plans of operations, for monitoring of surface disturbing 
operations on such leases, and for enforcement of surface use 
requirements and reclamation standards.
    (b) Applicability. The rules of this subpart apply to leases on 
National Forest System lands and to operations that are conducted on 
Federal oil and gas

[[Page 173]]

leases on National Forest System lands as of April 20, 1990.
    (c) Applicability of other rules. Surface uses associated with oil 
and gas prospecting, development, production, and reclamation 
activities, that are conducted on National Forest System lands outside a 
leasehold must receive prior authorization from the Forest Service. Such 
activities are subject to the regulations set forth elsewhere in 36 CFR 
chapter II, including but not limited to the regulations set forth in 36 
CFR parts 251, subpart B, and 261.



Sec. 228.101  Definitions.

    For the purposes of this subpart, the terms listed in this section 
have the following meaning:
    Authorized Forest officer. The Forest Service employee delegated the 
authority to perform a duty described in these rules. Generally, a 
Regional Forester, Forest Supervisor, District Ranger, or Minerals Staff 
Officer, depending on the scope and level of the duty to be performed.
    Compliance Officer. The Deputy Chief, or the Associate Deputy 
Chiefs, National Forest System or the line officer designated to act in 
the absence of the Deputy Chief.
    Leasehold. The area described in a Federal oil and gas lease, 
communitized, or unitized area.
    Lessee. A person or entity holding record title in a lease issued by 
the United States.
    National Forest System. All National Forest lands reserved or 
withdrawn from the public domain of the United States, all National 
Forest lands acquired through purchase, exchange, donation, or other 
means, the National Grasslands and land utilization projects 
administered under title III of the Bankhead-Jones Farm Tenant Act (7 
U.S.C. 1010 et seq.), and other lands, waters, or interests therein 
which are administered by the Forest Service or are designated for 
administration through the Forest Service as a part of the system (16 
U.S.C. 1609).
    Notices To Lessees, Transferees, and Operators. A written notice 
issued by the authorized Forest officer. Notices To Lessees, 
Transferees, and Operators implement the regulations in this subpart and 
serve as instructions on specific item(s) of importance within a Forest 
Service Region, National Forest, or Ranger District.
    Onshore Oil and Gas Order. A formal numbered order issued by or 
signed by the Chief of the Forest Service that implements and 
supplements the regulations in this subpart.
    Operating right. The interest created out of a lease that authorizes 
the holder of that interest to enter upon the leased lands to conduct 
drilling and related operations, including production of oil and gas 
from such lands in accordance with the terms of the lease.
    Operating rights owner. A person holding operating rights in a lease 
issued by the United States. A leasee also may be an operating rights 
owner if the operating rights in a lease or portion thereof have not 
been conveyed to another person.
    Operations. Surface disturbing activities that are conducted on a 
leasehold on National Forest System lands pursuant to a current approved 
surface use plan of operations, including but not limited to, 
exploration, development, and production of oil and gas resources and 
reclamation of surface resources.
    Operator. Any person or entity, including, but not limited to, the 
lessee or operating rights owner, who has stated in writing to the 
authorized Forest officer that they are responsible under the terms and 
conditions of the lease for the operations conducted on the leased lands 
or a portion thereof.
    Person. An individual, partnership, corporation, association or 
other legal entity.
    Substantial modification. A change in lease terms or a modification, 
waiver, or exception of a lease stipulation that would require an 
environmental assessment or environmental impact statement be prepared 
pursuant to the National Environmental Policy Act of 1969.
    Surface use plan of operations. A plan for surface use, disturbance, 
and reclamation.
    Transfer. Any conveyance of an interest in a lease by assignment, 
sublease or otherwise. This definition includes the terms: Assignment 
which means a conveyance of all or a portion of the lessee's record 
title interest in a lease; and sublease which means a conveyance

[[Page 174]]

of a non-record interest in a lease, i.e., a conveyance of operating 
rights is normally a sublease and a sublease also is a subsidiary 
arrangement between the lessee (sublessor) and the sublessee, but a 
sublease does not include a transfer of a purely financial interest, 
such as overriding royalty interest or payment out of production, nor 
does it affect the relationship imposed by a lease between the lessee(s) 
and the United States.
    Transferee. A person to whom an interest in a lease issued by the 
United States has been transferred.

                                 Leasing



Sec. 228.102  Leasing analyses and decisions.

    (a) Compliance with the National Environmental Policy Act of 1969. 
In analyzing lands for leasing, the authorized Forest officer shall 
comply with the National Environmental Policy Act of 1969, implementing 
regulations at 43 CFR parts 1500-1508, and Forest Service implementing 
policies and procedures set forth in Forest Service Manual chapter 1950 
and Forest Service Handbook 1909.15.
    (b) Scheduling analysis of available lands. Within 6 months of April 
20, 1990, Forest Supervisors shall develop, in cooperation with the 
Bureau of Land Management and with public input, a schedule for 
analyzing lands under their jurisdiction that have not been already 
analyzed for leasing. The Forest Supervisors shall revise or make 
additions to the schedule at least annually. In scheduling lands for 
analysis, the authorized Forest officer shall identify and exclude from 
further review the following lands which are legally unavailable for 
leasing:
    (1) Lands withdrawn from mineral leasing by an act of Congress or by 
an order of the Secretary of the Interior;
    (2) Lands recommended for wilderness allocation by the Secretary of 
Agriculture;
    (3) Lands designated by statute as wilderness study areas, unless 
oil and gas leasing is specifically allowed by the statute designating 
the study area; and
    (4) Lands within areas allocated for wilderness or further planning 
in Executive Communication 1504, Ninety-Sixth Congress (House Document 
No. 96-119), unless such lands subsequently have been allocated to uses 
other than wilderness by an approved Forest land and resource management 
plan or have been released to uses other than wilderness by an act of 
Congress.
    (c) Leasing analyses. The leasing analysis shall be conducted by the 
authorized Forest officer in accordance with the requirements of 36 CFR 
part 219 (Forest land and resource management planning) and/or, as 
appropriate, through preparation of NEPA documents. As part of the 
analysis, the authorized Forest oficer shall:
    (1) Identify on maps those areas that will be:
    (i) Open to development subject to the terms and conditions of the 
standard oil and gas lease form (including an explanation of the typical 
standards and objectives to be enforced under the standard lease terms);
    (ii) Open to development but subject to constraints that will 
require the use of lease stipulations such as those prohibiting surface 
use on areas larger than 40 acres or such other standards as may be 
developed in the plan for stipulation use (with discussion as to why the 
constraints are necessary and justifiable); and
    (iii) Closed to leasing, distinguishing between those areas that are 
being closed through exercise of management direction, and those closed 
by law, regulation, etc.
    (2) Identify alternatives to the areas listed in paragraph (c)(1) of 
this section, including that of not allowing leasing.
    (3) Project the type/amount of post-leasing activity that is 
reasonably foreseeable as a consequence of conducting a leasing program 
consistent with that described in the proposal and for each alternative.
    (4) Analyze the reasonable foreseeable impacts of post-leasing 
activity projected under paragraph (c)(3) of this section.
    (d) Area or Forest-wide leasing decisions (lands administratively 
available for leasing). Upon completion of the leasing analysis, the 
Regional Forest shall promptly notify the Bureau of Land Management as 
to the area or Forest-

[[Page 175]]

wide leasing decisions that have been made, that is, identify lands 
which have been found administratively available for leasing.
    (e) Leasing decisions for specific lands. At such time as specific 
lands are being considered for leasing, the Regional Forester shall 
review the area or Forest-wide leasing decision and shall authorize the 
Bureau of Land Management to offer specific lands for lease subject to:
    (1) Verifying that oil and gas leasing of the specific lands has 
been adequately addressed in a NEPA document, and is consistent with the 
Forest land and resource management plan. If NEPA has not been 
adequately addressed, or if there is significant new information or 
circumstances as defined by 40 CFR 1502.9 requiring further 
environmental analysis, additional environment analysis shall be done 
before a leasing decision for specific lands will be made. If there is 
inconsistency with the Forest land and resource management plan, no 
authorization for leasing shall be given unless the plan is amended or 
revised.
    (2) Ensuring that conditions of surface occupancy identified in 
Sec. 228.102(c)(1) are properly included as stipulations in resulting 
leases.
    (3) Determining that operations and development could be allowed 
somewhere on each proposed lease, except where stipulations will 
prohibit all surface occupancy.
[55 FR 10444, Mar. 21, 1990, as amended at 56 FR 56157, Nov. 1, 1991]



Sec. 228.103  Notice of appeals of decisions.

    The authorized Forest officer shall promptly notify the Bureau of 
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 CFR part 217.



Sec. 228.104  Consideration of requests to modify, waive, or grant exceptions to lease stipulations.

    (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 change), waive (permanently 
remove), or grant an exception (case-by-case exemption) to a stipulation 
included in a lease at the direction of the Forest Service. The person 
making the request is encouraged to submit any information which might 
assist the authorized Forest officer in making a decision.
    (b) Review. The authorized Forest officer shall review any 
information submitted in support of the request and any other pertinent 
information.
    (1) As part of the review, consistent with 30 U.S.C. 226 (f)-(g), 
the authorized Forest officer shall ensure compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and any other 
applicable laws, and shall ensure preparation of any appropriate 
environmental documents.
    (2) The authorized Forest officer may authorize the Bureau of Land 
Management to modify, waive, or grant an exception to a stipulation if:
    (i) The action would be consistent with applicable Federal laws;
    (ii) The action would be consistent with the current forest land and 
resource management plan;
    (iii) The management objectives which led the Forest Service to 
require the inclusion of the stipulation in the lease can be met without 
restricting operations in the manner provided for by the stipulation 
given the change in the present condition of the surface resources 
involved, or given the nature, location, timing, or design of the 
proposed operations; and
    (iv) The action is acceptable to the authorized Forest officer based 
upon a review of the environmental consequences.
    (c) Other agency stipulations. If a stipulation was included in a 
lease by the Forest Service at the request of another agency, the 
authorized Forest officer shall consult with that agency prior to 
authorizing modification, waiver, or exception.
    (d) Notice of decision. (1) When the review of a stipulation 
modification, waiver, or exception request has been completed and the 
authorized Forest officer has reached a decision, the authorized Forest 
officer shall promptly notify the operator and the appropriate Bureau of 
Land Management office, in writing, of the decision to grant, or

[[Page 176]]

grant with additional conditions, or deny the request.
    (2) Any decision to modify, waive, or grant an exception to a lease 
stipulation shall be subject to administrative appeal only in 
conjunction with an appeal of a decision on a surface use plan of 
operation or supplemental surface use plan of operation.

              Authorization of Occupancy Within a Leasehold



Sec. 228.105  Issuance of onshore orders and notices to lessees.

    (a) Onshore oil and gas orders. The Chief 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 this subpart.
    (1) Adoption of Onshore Oil and Gas Order No. 1. Until such time as 
another order is adopted and codified in the CFR, operators shall submit 
surface use plans of operations in accordance with Section III.G.4(b), 
Guidelines for preparing surface use program, of the Department of the 
Interior, Bureau of Land Management, Onshore Oil and Gas Order No. 1, 48 
FR 48915-30 (Oct. 21, 1983), published as Appendix A to this subpart.
    (2) Adoption of additional onshore oil and gas orders. Additional 
onshore oil and gas orders shall be published in the Federal Register 
for public comment and codified in the CFR.
    (3) Applicability of onshore oil and gas orders. Onshore Oil and Gas 
Orders issued pursuant to this section are binding on all operations 
conducted on National Forest System lands, unless otherwise provided 
therein.
    (b) Notices to lessees, transferees, and operators. The authorized 
Forest officer may issue, or cosign with the authorized officer of the 
Bureau of Land Management, Notices to Lessees, Transferees, and 
Operators necessary to implement the regulations of this subpart. 
Notices to Lessees, Transferees, and Operators are binding on all 
operations conducted on the administrative unit of the National Forest 
System (36 CFR 200.2) supervised by the authorized Forest officer who 
issued or cosigned such notice.



Sec. 228.106  Operator's submission of surface use plan of operations.

    (a) General. No permit to drill on a 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 
disturbing activities. An operator must obtain an approved surface use 
plan of operations before conducting operations that will cause surface 
disturbance. The operator shall submit a proposed surface use plan of 
operations as part of an Application for a Permit to Drill to the 
appropriate Bureau of Land Management office for forwarding to the 
Forest Service, unless otherwise directed by the Onshore Oil and Gas 
Order in effect when the proposed plan of operations is submitted.
    (b) Preparation of plan. In preparing a surface use plan of 
operations, the operator is encouraged to contact the local Forest 
Service office to make use of such information as is available from the 
Forest Service concerning surface resources and uses, environmental 
considerations, and local reclamation procedures.
    (c) Content of plan. The type, size, and intensity of the proposed 
operations and the sensitivity of the surface resources that will be 
affected by the proposed operations determine the level of detail and 
the amount of information which the operator includes in a proposed plan 
of operations. However, any surface use plan of operations submitted by 
an operator shall contain the information specified by the Onshore Oil 
and Gas Order in effect when the surface use plan of operations is 
submitted.
    (d) Supplemental plan. An operator must obtain an approved 
supplemental surface use plan of operations before conducting any 
surface disturbing operations that are not authorized by a current 
approved surface use plan of operations. The operator shall submit a 
proposed supplemental surface use plan of operations to the appropriate 
Bureau of Land Management office for forwarding to the Forest Service, 
unless otherwise directed by the Onshore Oil and Gas Order in effect 
when the proposed supplemental plan of operations is submitted. The 
supplemental

[[Page 177]]

plan of operations need only address those operations that differ from 
the operations authorized by the current approved surface use plan of 
operations. A supplemental plan is otherwise subject to the same 
requirements under this subpart as an initial surface use plan of 
operations.



Sec. 228.107  Review of surface use plan of operations.

    (a) Review. The authorized Forest officer shall review 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 shall comply with the National Environmental Policy Act of 1969, 
implementing regulations at 40 CFR parts 1500-1508, and the Forest 
Service implementing policies and procedures set forth in Forest Service 
Manual Chapter 1950 and Forest Service Handbook 1909.15 and shall ensure 
that:
    (1) The surface use plan of operations is consistent with the lease, 
including the lease stipulations, and applicable Federal laws;
    (2) To the extent consistent with the rights conveyed by the lease, 
the surface use plan of operations is consistent with, or is modified to 
be consistent with, the applicable current approved forest land and 
resource management plan;
    (3) The surface use plan of operations meets or exceeds the surface 
use requirements of Sec. 228.108 of this subpart; and
    (4) The surface use plan of operations is acceptable, or is modified 
to be acceptable, to the authorized Forest officer based upon a review 
of the environmental consequences of the operations.
    (b) Decision. The authorized Forest officer shall make a decision on 
the approval of a surface use plan of operations as follows:
    (1) If the authorized Forest officer will not be able to make a 
decision on the proposed plan within 3 working days after the conclusion 
of the 30-day notice period provided for by 30 U.S.C. 226(f), the 
authorized Forest officer shall advise the appropriate Bureau of Land 
Managemnt office and the operator as soon as such delay becomes 
apparent, either in writing or orally with subsequent written 
confirmation, that additional time will be needed to process the plan. 
The authorized Forest officer shall explain the reason why additional 
time is needed and project the date by which a decision on the plan will 
likely be made.
    (2) When the review of a surface use plan of operations has been 
completed, the authorized Forest officer shall promptly notify the 
operator and the appropriate Bureau of Land Management office, in 
writting, that:
    (i) The plan is approved as submitted:
    (ii) The plan is approved subject to specified conditions; or,
    (iii) The plan is disapproved for the reasons stated.
    (c) Notice of decision. The authorized Forest officer shall give 
public notice of the decision on a pan and include in the notice that 
the decision is subject to appeal under the administrative appeal 
procedures at 36 CFR parts 217 and 251, subpart C.
    (d) Transmittal of decision. The authorized Forest officer shall 
immediately forward a decision on a surface use plan of operations to 
the appropriate Bureau of Land Management office and the operator. This 
transmittal shall include the estimated cost of reclamation and 
restoration (Sec. 228.109(a)) if the authorized Forest officer believes 
that additional bonding is required.
    (e) Supplemental plans. A supplemental surface use plan of 
operations (Sec. 228.106(d)) shall be reviewed in the same manner as an 
initial surface use plan of operations.



Sec. 228.108  Surface use requirements.

    (a) General. The operator shall conduct operations on a leasehold on 
National Forest System lands in a manner that minimizes effects on 
surface resources, prevents unnecessary or unreasonable surface resource 
disturbance, and that is in compliance with the other requirements of 
this section.
    (b) Notice of operations. The operator must notify the authorized 
Forest officer 48 hours prior to commencing operations or resuming 
operations following their temporary cessation (Sec. 228.111).
    (c) Access facilities. The operator shall construct and maintain 
access facilities to assure adequate drainage and to

[[Page 178]]

minimize or prevent damage to surface resources.
    (d) Cultural and historical resources. The operator shall report 
findings of cultural and historical resources to the authorized Forest 
officer immediately and, except as otherwise authorized in an approved 
surface use plan of operations, protect such resources.
    (e) Fire prevention and control. To the extent practicable, the 
operator shall take measures to prevent uncontrolled fires on the area 
of operation and to suppress uncontrolled fires resulting from the 
operations.
    (f) Fisheries, wildlife and plant habitat. The operator shall comply 
with the requirements of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR chapter IV), and, 
except as otherwise provided in an approved surface use plan of 
operations, conduct operations in such a manner as to maintain and 
protect fisheries, wildlife, and plant habitat.
    (g) Reclamation. (1) Unless otherwise provided in an approved 
surface use plan of operations, the operator shall conduct reclamation 
concurrently with other operations.
    (2) Within 1 year of completion of operations on a portion of the 
area of operation, the operator must reclaim that portion, unless a 
different period of time is approved in writing by the authorized Forest 
officer.
    (3) The operator must:
    (i) Control soil erosion and landslides;
    (ii) Control water runoff;
    (iii) Remove, or control, solid wastes, toxic substances, and 
hazardous substances;
    (iv) Reshape and revegetate disturbed areas;
    (v) Remove structures, improvements, facilities and equipment, 
unless otherwise authorized; and
    (vi) Take such other reclamation measures as specified in the 
approved surface use plan of operations.
    (h) Safety measures. (1) The operator must maintain structures, 
facilities, improvements, and equipment located on the area of operation 
in a safe and neat manner and in accordance with an approved surface use 
plan of operations.
    (2) The operator must take appropriate measures in accordance with 
applicable Federal and State laws and regulations to protect the public 
from hazardous sites or conditions resulting from the operations. Such 
measures may include, but are not limited to, posting signs, building 
fences, or otherwise identifyng the hazardous site or condition.
    (i) Wastes. The operator must either remove garbage, refuse, and 
sewage from National Forest System lands or treat and dispose of that 
material in such a manner as to minimize or prevent adverse impacts on 
surface resources. The operator shall treat or dispose of produced 
water, drilling fluid, and other waste generated by the operations in 
such a manner as to minimize or prevent adverse impacts on surface 
resources.
    (j) Watershed protection. (1) Except as otherwise provided in the 
approved surface use plan of operations, the operator shall not conduct 
operations in areas subject to mass soil movement, riparian areas and 
wetlands.
    (2) The operator shall take measures to minimize or prevent erosion 
and sediment production. Such measures include, but are not limited to, 
siting structures, facilities, and other improvements to avoid steep 
slopes and excessive clearing of land.



Sec. 228.109  Bonds.

    (a) General. As part of the review of a proposed surface use plan of 
operations, the 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 surface waters 
adversely affected by the lease operations after the abandonment or 
cessation of operations on the lease. If at any time prior to or during 
the conduct of operations, the authorized Forest officer determines the 
financial instrument held by the Bureau of Land Management is not 
adequate to ensure complete and timely reclamation and restoration, the 
authorized Forest officer shall give the operator the option of either 
increasing the financial instrument held by the Bureau of Land 
Management or filing a separate instrument with the Forest Service in

[[Page 179]]

the amount deemed adequate by the authorized Forest officer to ensure 
reclamation and restoration.
    (b) Standards for estimating reclamation costs. The authorized 
Forest officer shall consider the costs of the operator's proposed 
reclamation program and the need for additional measures to be taken 
when estimating the cost to the Forest Service to reclaim the disturbed 
area.
    (c) Release of reclamation liability. An operator may request the 
authorized Forest officer to notify the Bureau of Land Management of 
reduced reclamation liability at any time after reclamation has 
commenced. The authorized Forest officer shall, if appropriate, notify 
the Bureau of Land Management as to the amount to which the liability 
has been reduced.



Sec. 228.110  Indemnification.

    The operator and, if the operator does not hold all of the interest 
in the 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) Injury, loss or damage, including fire suppression costs, which 
the United States incurs as a result of the operations; and
    (b) Payments made by the United States in satisfaction of claims, 
demands or judgments for an injury, loss or damage, including fire 
suppression costs, which result from the operations.

                      Administration of Operations



Sec. 228.111  Temporary cessation of operations.

    (a) General. As soon as it becomes apparent that there will 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 officer verifying the operator's intent to maintain 
structures, facilities, improvements, and equipment that will remain on 
the area of operation during the cessation of operations, and specifying 
the expected date by which operations will be resumed.
    (b) Seasonal shutdowns. The operator need not file the statement 
required by paragraph (a) of this section if the cessation of operations 
results from seasonally adverse weather conditions and the operator will 
resume operations promptly upon the conclusion of those adverse weather 
conditions.
    (c) Interim measures. The authorized Forest officer may require the 
operator to take reasonable interim reclamation or erosion control 
measures to protect surface resources during temporary cessations of 
operations, including during cessations of operations resulting from 
seasonally adverse weather conditions.



Sec. 228.112  Compliance and inspection.

    (a) General. Operations must be conducted in accordance with the 
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 Order (Sec. 228.105(a)), an applicable 
Notice to lessees, transferees, and operators (Sec. 228.105(b)), and 
regulations of this subpart.
    (b) Completion of reclamation. The authorized Forest officer shall 
give prompt written notice to an operator whenever reclamation of a 
portion of the area affected by surface operations has been 
satisfactorily completed in accordance with the approved surface use 
plan of operations and Sec. 228.108 of this subpart. The notice shall 
describe the portion of the area on which the reclamation has been 
satisfactorily completed.
    (c) Compliance with other statutes and regulations. Nothing in this 
subpart shall be construed to relieve an operator from complying with 
applicable Federal and State laws or regulations, including, but not 
limited to:
    (1) Federal and State air quality standards, including the 
requirements of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.);
    (2) Federal and State water quality standards, including the 
requirements of the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1151 et seq.);
    (3) Federal and State standards for the use or generation of solid 
wastes, toxic substances and hazardous substances, including the 
requirements of

[[Page 180]]

the Comprehensive Environmental Response, Compensation and Liability 
Act, as amended, 42 U.S.C. 9601 et seq., and its implementing 
regulations, 40 CFR chapter I, subchapter J, and the Resource 
Conservation and Recovery Act, 42 U.S.C. 6901 et seq., and its 
implementing regulations, 40 CFR chapter I, subchaper I;
    (4) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., and 
its implementing regulations, 50 CFR chapter IV;
    (5) The Archeological Resources Protection Act of 1979, as amended 
(16 U.S.C. 470aa et seq.) and its implementing regulations 36 CFR part 
296;
    (6) The Mineral Leasing Act of 1920, 30 U.S.C. 1981 et seq., the 
Mineral Leasing Act of Acquired Lands of 1947, 30 U.S.C. 351 et seq., 
the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 
et seq., and their implementing regulations, 43 CFR chapter II, group 
3100; and
    (7) Applicable Onshore Oil and Gas Orders and Notices to Lessees and 
Operators (NTL's) issued by the United States Department of the 
Interior, Bureau of Land Management pursuant to 43 CFR chapter II, part 
3160, subpart 3164.
    (d) Penalties. If surface disturbing operations are being conducted 
that are not authorized by an approved surface use plan of operations or 
that violate a term or operating condition of an approved surface use 
plan of operations, the person conducting those operations is subject to 
the prohibitions and attendant penalties of 36 CFR part 261.
    (e) Inspection. Forest Service officers shall periodically inspect 
the area of operations to determine and document whether operations are 
being conducted in compliance with the regulations in this subpart, the 
stipulations included in the lease at the direction of the Forest 
Service, the approved surface use plan of operations, the applicable 
Onshore Oil and Gas Order, and applicable Notices to Lessees, 
Transferees, and Operators.



Sec. 228.113  Notice of noncompliance.

    (a) Issuance. When an authorized Forest officer finds that the 
operator 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 of operation, the regulations in this 
subpart, the applicable onshore oil and gas order, or an applicable 
notice to lessees, transferees, and operators, the authorized Forest 
officer shall issue a notice of noncompliance.
    (1) Content. The notice of noncompliance shall include the 
following:
    (i) Identification of the reclamation requirements or other 
standard(s) with which the operator is not in compliance;
    (ii) Description of the measures which are required to correct the 
noncompliance;
    (iii) Specification of a reasonable period of time within which the 
noncompliance must be corrected;
    (iv) If the noncompliance appears to be material, identification of 
the possible consequences of continued noncompliance of the 
requirement(s) or standard(s) as described in 30 U.S.C. 226(g);
    (v) If the noncompliance appears to be in violation of the 
prohibitions set forth in 36 CFR part 261, identification of the 
possible consequences of continued noncompliance of the requirement(s) 
or standard(s) as described in 36 CFR 261.1b; and
    (vi) Notification that the authorized Forest officer remains willing 
and desirous of working cooperatively with the operator to resolve or 
remedy the noncompliance.
    (2) Extension of deadlines. The operator may request an extension of 
a deadline specified in a notice of noncompliance if the operator is 
unable to come into compliance with the applicable requirement(s) or 
standard(s) identified in the notice of noncompliance by the deadline 
because of conditions beyond the operator's control. The authorized 
Forest officer shall not extend a deadline specified in a notice of 
noncompliance unless the operator requested an extension and the 
authorized Forest officer finds that there was a condition beyond the 
operator's control, that such condition prevented the operator from 
complying with the notice of noncompliance by the specified deadline, 
and that the extension will not adversely affect the interests of the 
United States. Conditions which may

[[Page 181]]

be beyond the operator's control include, but are not limited to, 
closure of an area in accordance with 36 CFR part 261, subparts B or C, 
or inaccessibility of an area of operations due to such conditions as 
fire, flooding, or snowpack.
    (3) Manner of service. The authorized Forest officer shall serve a 
notice of noncompliance or a decision on a request for extension of a 
deadline specified in a notice upon the operator in person, by certified 
mail or by telephone. However, if notice is initially provided in person 
or by telephone, the authorized Forest officer shall send the operator 
written confirmation of the notice or decision by certified mail.
    (b) Failure to come into compliance. If the operator fails to come 
into compliance with the applicable requirement(s) or standard(s) 
identified in a notice of noncompliance by the deadline specified in the 
notice, or an approved extension, the authorized Forest officer shall 
decide whether: The noncompliance appears to be material given the 
reclamation requirements and other standards applicable to the lease 
established by 30 U.S.C. 226(g), the regulations in this subpart, the 
stipulations included in a lease at the direction of the Forest Service, 
an approved surface use plan of operations, the applicable Onshore Oil 
and Gas Order, or an applicable Notice to lessees, transferees, and 
operators; the noncompliance is likely to result in danger to public 
health or safety or irreparable resource damage; and the noncompliance 
is resulting in an emergency.
    (1) Referral to compliance officer. When the operations appear to be 
in material noncompliance, the authorized Forest officer shall promptly 
refer the matter to the compliance officer. The referral shall be 
accompanied by a complete statement of the facts supported by 
appropriate exhibits. Apparent material noncompliance includes, but is 
not limited to, operating without an approved surface use plan of 
operations, conducting operations that have been suspended, failure to 
timely complete reclamation in accordance with an approved surface use 
plan of operations, failure to maintain an additional bond in the amount 
required by the authorized Forest officer during the period of 
operation, failure to timely reimburse the Forest Service for the cost 
of abating an emergency, and failing to comply with any term included in 
a lease, stipulation, or approved surface use plan of operations, the 
applicable onshore oil and gas order, or an applicable Notice to 
lessees, transferees, and operators, relating to the protection of a 
threatened or endangered species.
    (2) Suspension of operations. When the noncompliance is likely to 
result in danger to public health or safety or in irreparable resource 
damage, the authorized Forest officer shall suspend the operations, in 
whole or in part.
    (i) A suspension of operations shall remain in effect until the 
authorized Forest officer determines that the operations are in 
compliance with the applicable requirement(s) or standard(s) identified 
in the notice of noncompliance.
    (ii) The authorized Forest officer shall serve decisions suspending 
operations upon the operator in person, by certified mail, or by 
telephone. If notice is initially provided in person or by telephone, 
the authorized Forest officer shall send the operator written 
confirmation of the decision by certified mail.
    (iii) The authorized Forest officer shall immediately notify the 
appropriate Bureau of Land Management office when an operator has been 
given notice to suspend operations.
    (3) Abatement of emergencies. When the noncompliance is resulting in 
an emergency, the authorized Forest officer may take action as necessary 
to abate the emergency. The total cost to the Forest Service of taking 
actions to abate an emergency becomes an obligation of the operator.
    (i) Emergency situations include, but are not limited to, imminent 
dangers to public health or safety or irreparable resource damage.
    (ii) The authorized Forest officer shall promptly serve a bill for 
such costs upon the operator by certified mail.



Sec. 228.114  Material noncompliance proceedings.

    (a) Evaluation of referral. The compliance officer shall promptly 
evaluate a

[[Page 182]]

referral made by the authorized Forest officer pursuant to 
Sec. 228.113(b)(1) of this subpart.
    (b) Dismissal of referral. The compliance officer shall dismiss the 
referral if the compliance officer determines that there is not adequate 
evidence to support a reasonable belief that:
    (1) The operator was not in compliance with the applicable 
requirement(s) or standard(s) identified in a notice of noncompliance by 
the deadline specified in the notice, or an extension approved by the 
authorized Forest officer; or
    (2) The noncompliance with the applicable requirement(s) or 
standard(s) identified in the notice of noncompliance may be material.
    (c) Initiation of proceedings. The compliance officer shall initiate 
a material noncompliance proceeding if the compliance officer agrees 
that there is adequate evidence to support a reasonable belief that an 
operator has failed to come into compliance with the applicable 
requirement(s) or standard(s) identified in a notice of noncompliance by 
the deadline specified in the notice, or extension approved by the 
authorized Forest officer, and that the noncompliance may be material.
    (1) Notice of proceedings. The compliance officer shall inform the 
lessee and operator of the material noncompliance proceedings by 
certified mail, return receipt requested.
    (2) Content of notice. The notice of the material noncompliance 
proceeding shall include the following:
    (i) The specific reclamation requirement(s) or other standard(s) of 
which the operator may be in material noncompliance;
    (ii) A description of the measures that are required to correct the 
violation;
    (iii) A statement that if the compliance officer finds that the 
operator is in material noncompliance with a reclamation requirement or 
other standard applicable to the lease, the Secretary of the Interior 
will not be able to issue new leases or approve new transfers of leases 
to the operator, any subsidiary or affiliate of the operator, or any 
person controlled by or under common control with the operator until the 
compliance officer finds that the operator has come into compliance with 
such requirement or standard; and
    (iv) A recitation of the specific procedures governing the material 
noncompliance proceeding set forth in paragraphs (d) through (g) of this 
section.
    (d) Answer. Within 30 calendar days after receiving the notice of 
the proceeding, the operator may submit, in person, in writing, or 
through a representative, an answer containing information and argument 
in opposition to the proposed material noncompliance finding, including 
information that raises a genuine dispute over the material facts. In 
that submission, the operator also may:
    (1) Request an informal hearing with the compliance officer; and
    (2) Identify pending administrative or judicial appeal(s) which are 
relevant to the proposed material noncompliance finding and provide 
information which shows the relevance of such appeal(s).
    (e) Informal hearing. If the operator requests an informal hearing, 
it shall be held within 20 calendar days from the date that the 
compliance officer receives the operator's request.
    (1) The compliance officer may postpone the date of the informal 
hearing if the operator requests a postponement in writing.
    (2) At the hearing, the operator, appearing personally or through an 
attorney or another authorized representative, may informally present 
and explain evidence and argument in opposition to the proposed material 
noncompliance finding.
    (3) A transcript of the informal hearing shall not be required.
    (f) Additional procedures as to disputed facts. If the compliance 
officer finds that the answer raises a genuine dispute over facts 
essential to the proposed material noncompliance finding, the compliance 
officer shall so inform the operator by certified mail, return receipt 
requested. Within 10 days of receiving this notice, the operator may 
request a fact-finding conference on those disputed facts.
    (1) The fact-finding conference shall be scheduled within 20 
calendar days from the date the compliance officer receives the 
operator's request, unless

[[Page 183]]

the operator and compliance officer agree otherwise.
    (2) At the fact-finding conference, the operator shall have the 
opportunity to appear with counsel, submit documentary evidence, present 
witnesses, and confront the person(s) the Forest Service presents.
    (3) A transcribed record of the fact-finding conference shall be 
made, unless the operator and the compliance officer by mutual agreement 
waive the requirement for a transcript. The transcript will be made 
available to the operator at cost upon request.
    (4) The compliance officer may preside over the fact-finding 
conference or designate another authorized Forest officer to preside 
over the fact-finding conference.
    (5) Following the fact-finding conference, the authorized Forest 
officer who presided over the conference shall promptly prepare written 
findings of fact based upon the preponderance of the evidence. The 
compliance officer may reject findings of fact prepared by another 
authorized Forest officer, in whole or in part, if the compliance 
officer specifically determines that such findings are arbitrary and 
capricious or clearly erroneous.
    (g) Dismissal of proceedings. The compliance officer shall dismiss 
the material noncompliance proceeding if, before the compliance officer 
renders a decision pursuant to paragraph (h) of this section, the 
authorized Forest officer who made the referral finds that the operator 
has come into compliance with the applicable requirements or standards 
identified in the notice of proceeding.
    (h) Compliance officer's decision. The compliance officer shall base 
the decision on the entire record, which shall consist of the authorized 
Forest officer's referral and its accompanying statement of facts and 
exhibits, information and argument that the operator provided in an 
answer, any information and argument that the operator provided in an 
informal hearing if one was held, and the findings of fact if a fact-
finding conference was held.
    (1) Content. The compliance officer's decision shall state whether 
the operator has violated the requirement(s) or standard(s) identified 
in the notice of proceeding and, if so, whether that noncompliance is 
material given the requirements of 30 U.S.C. 226(g), the stipulations 
included in the lease at the direction of the Forest Service, the 
regulations in this subpart or an approved surface use plan of 
operations, the applicable onshore oil and gas order, or an applicable 
notice to lessees, transferees, and operators. If the compliance officer 
finds that the operator is in material noncompliance, the decision also 
shall:
    (i) Describe the measures that are required to correct the 
violation;
    (ii) Apprise the operator that the Secretary of the Interior is 
being notified that the operator has been found to be in material 
noncompliance with a reclamation requirement or other standard 
applicable to the lease; and
    (iii) State that the decision is the final administrative 
determination of the Department of Agriculture.
    (2) Service. The compliance officer shall serve the decision upon 
the operator by certified mail, return receipt requested. If the 
operator is found to be in material noncompliance, the compliance 
officer also shall immediately send a copy of the decision to the 
appropriate Bureau of Land Management office and to the Secretary of the 
Interior.
    (i) Petition for withdrawal of finding. If an operator who has been 
found to be in material noncompliance under the provisions of this 
section believes that the operations have subsequently come into 
compliance with the applicable requirement(s) or standard(s) identified 
in the compliance officer's decision, the operator may submit a written 
petition requesting that the material noncompliance finding be 
withdrawn. The petition shall be submitted to the authorized Forest 
officer who issued the operator the notice of noncompliance under 
Sec. 228.113(a) of this subpart and shall include information or 
exhibits which shows that the operator has come into compliance with the 
requirement(s) or standard(s) identified in the compliance officer's 
decision.
    (1) Response to petition. Within 30 calendar days after receiving 
the operator's petition for withdrawal, the authorized Forest officer 
shall submit a written statement to the compliance

[[Page 184]]

officer as to whether the authorized Forest officer agrees that the 
operator has come into compliance with the requirement(s) or standard(s) 
identified in the compliance officer's decision. If the authorized 
Forest officer disagrees with the operator, the written statement shall 
be accompanied by a complete statement of the facts supported by 
appropriate exhibits.
    (2) Additional procedures as to disputed material facts. If the 
compliance officer finds that the authorized Forest officer's response 
raises a genuine dispute over facts material to the decision as to 
whether the operator has come into compliance with the requirement(s) or 
standard(s) identified in the compliance officer's decision, the 
compliance officer shall so notify the operator and authorized Forest 
officer by certified mail, return receipt requested. The notice shall 
also advise the operator that the fact finding procedures specified in 
paragraph (f) of this section apply to the compliance officer's decision 
on the petition for withdrawal.
    (3) Compliance officer's decision. The compliance officer shall base 
the decision on the petition on the entire record, which shall consist 
of the operator's petition for withdrawal and its accompanying exhibits, 
the authorized Forest officer's response to the petition and, if 
applicable, its accompanying statement of facts and exhibits, and if a 
fact-finding conference was held, the findings of fact. The compliance 
officer shall serve the decision on the operator by certified mail.
    (i) If the compliance officer finds that the operator remains in 
violation of requirement(s) or standard(s) identified in the decision 
finding that the operator was in material noncompliance, the decision on 
the petition for withdrawal shall identify such requirement(s) or 
standard(s) and describe the measures that are required to correct the 
violation(s).
    (ii) If the compliance officer finds that the operator has 
subsequently come into compliance with the requirement(s) or standard(s) 
identified in the compliance officer's decision finding that the 
operator was in material noncompliance, the compliance officer also 
shall immediately send a copy of the decision on the petition for 
withdrawal to the appropriate Bureau of Land Management office and 
notify the Secretary of the Interior that the operator has come into 
compliance.
    (j) List of operators found to be in material noncompliance. The 
Deputy Chief, National Forest System, shall compile and maintain a list 
of operators who have been found to be in material noncompliance with 
reclamation requirements and other standards as provided in 30 U.S.C. 
226(g), the regulations in this subpart, a stipulation included in a 
lease at the direction of the Forest Service, or an approved surface use 
plan of operations, the applicable onshore oil and gas order, or an 
applicable notice to lessees, transferees, and operators, for a lease on 
National Forest System lands to which such standards apply. This list 
shall be made available to Regional Foresters, Forest Supervisors, and 
upon request, members of the public.



Sec. 228.115  Additional notice of decisions.

    (a) The authorized Forest officer shall promptly post notices 
provided by the Bureau of Land Management of:
    (1) Competitive lease sales which the Bureau plans to conduct that 
include National Forest System lands;
    (2) Substantial modifications in the terms of a lease which the 
Bureau proposes to make for leases on National Forest System lands; and
    (3) Applications for permits to drill which the Bureau has received 
for leaseholds located on National Forest System lands.
    (b) The notice shall be posted at the offices of the affected Forest 
Supervisor and District Ranger in a prominent location readily 
accessible to the public.
    (c) The authorized Forest officer shall keep a record of the date(s) 
the notice was posted in the offices of the affected Forest Supervisor 
and District Ranger.
    (d) The posting of notices required by this section are in addition 
to the requirements for public notice of decisions provided in 
Sec. 228.104(d) (Notice of decision) and Sec. 228.107(c) (Notice of 
decision) of this subpart.

[[Page 185]]



Sec. 228.116  Information collection requirements.

    (a) Sections containing information requirements. The 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:
    (1) Section 228.104(a) Requests to Modify, Waive, or Grant 
Exceptions to Leasing Stipulations;
    (2) Section 228.106 (a), (c), and (d) Submission of Surface Use Plan 
of Operations;
    (3) Section 228.109(c) Request for Reduction in Reclamation 
Liability after Reclamation;
    (4) Section 228.111(a) Notice of Temporary Cessation of Operations;
    (5) Section 228.113(a)(2) Extension of Deadline in Notice of 
Noncompliance; and
    (6) Section 228.114 (c) through (i) Material Noncompliance 
Proceedings.
    (b) OMB control number. The information requirements listed in 
paragraph (a) of this section have been assigned OMB Control No. 0596-
0101.
    (c) Average estimated burden hours. (1) The average burden hours per 
response are estimated to be:
    (i) 5 minutes for the information requirements in Sec. 228.104(a) of 
this subpart;
    (ii) No additional burden hours required to meet the information 
requirements in Sec. 228.106 (a), (c), and (d) of this subpart;
    (iii) 10 minutes for the information requirements in Sec. 228.109(c) 
of this subpart;
    (iv) 10 minutes for the information requirements in Sec. 228.111(a) 
of this subpart;
    (v) 5 minutes for the information requirements in Sec. 228.113(a)(2) 
of this subpart; and
    (vi) 2 hours for the information requirements in Sec. 228.114 (c) 
through (i) of this subpart.
    (2) Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for reducing 
this burden, to Chief (2800), Forest Service, USDA, P.O. Box 96090, 
Washington, DC 20090-6090 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.

 Appendix A to Subpart E of Part 228--Guidelines for Preparing Surface 
                   Use Plans of Operation for Drilling

       I. Components of a Complete Application for Permit to Drill

    (a) Guidelines for Preparing Surface Use Program. In preparing this 
program, the lessee or operator shall submit maps, plats, and narrative 
descriptions which adhere closely to the following (maps and plats 
should be of a scale no smaller than 1:24,000 unless otherwise stated 
below):
    (1) Existing Roads. A legible map (USGS topographic, county road, 
Alaska Borough, or other such map), labeled and showing the access route 
to the location, shall be used for locating the proposed well site in 
relation to a town (village) or other locatable point, such as a highway 
or county road, which handles the majority of the through traffic to the 
general area. The proposed route to the location, including appropriate 
distances from the point where the access route exits established roads, 
shall be shown. All access roads shall be appropriately labeled. Any 
plans for improvement and/or a statement that existing roads will be 
maintained in the same or better condition shall be provided. Existing 
roads and newly constructed roads on surface under the jurisdiction of a 
Surface Management Agency shall be maintained in accordance with the 
standards of the Surface Management Agency.
    Information required by items (2), (3), (4), (5), (6), and (8) of 
this subsection also may be shown on this map if appropriately labeled 
or on a separate plat or map.
    (2) Access Roads to Be Constructed and Reconstructed. All permanent 
and temporary access roads that are to be constructed, or reconstructed, 
in connection with the drilling of the proposed well shall be 
appropriately identified and submitted on a map or plat. Width, maximum 
grade, major cuts and fills, turnouts, drainage design, location and 
size of culverts and/or bridges, fence cuts and/or cattleguards, and 
type of surfacing material, if any, shall be stated for all 
construction. In addition, where permafrost exists, the methods for 
protection from thawing must be indicated. Modification of proposed road 
design may be required during the onsite inspection.
    Information also should be furnished to indicate where existing 
facilities may be altered or modified. Such facilities include gates, 
cattleguards, culverts, and bridges which, if installed or replaced, 
shall be designed to adequately carry anticipated loads.

[[Page 186]]

    (3) Location of Existing Wells. It is recommended that this 
information be submitted on a map or plat and include all wells (water, 
injection or disposal, producing, and drilling) within a 1-mile radius 
of the proposed location.
    (4) Location of Existing and/or Proposed Facilities if Well is 
Productive.
    (i) On well pad--A map or plat shall be included showing, to the 
extent known or anticipated, the location of all production facilities 
and lines to be installed if the well is successfully completed for 
production.
    (ii) Off well pad--A map or plat shall be included showing to the 
extent known or anticipated, the existing or new production facilities 
to be utilized and the lines to be installed if the well is successfully 
completed for production. If new construction, the dimensions of the 
facility layout are to be shown.
    If the information required under (a) or (b) above is not known and 
cannot be accurately presented and the well subsequently is completed 
for production, the operator shall then comply with section IV of this 
Order.
    (5) Location and Type of Water Supply (Rivers, Creeks, Springs, 
Lakes, Ponds, and Wells). This information may be shown by quarter-
quarter section on a map or plat, or may be a written description. The 
source and transportation method for all water to be used in drilling 
the proposed well shall be noted if the source is located on Federal or 
Indian lands or if water is to be used from a Federal or Indian project. 
If the water is obtained from other than Federal or Indian lands, only 
the location need be identified. Any access roads crossing Federal or 
Indian lands that are needed to haul the water shall be described in 
items G.4.b. (1) and (2), as appropriate. If a water supply well is to 
be drilled on the lease, it shall be so stated under this item, and the 
authorized officer of the BLM may require the filing of a separate APD.
    (6) Construction Materials. The lessee or operator shall state the 
character and intended use of all construction materials such as sand, 
gravel, stone and soil material. If the materials to be used are 
Federally-owned, the proposed source shall be shown by either quarter-
quarter section on a map or plat, or a written description. The use of 
materials under BLM jurisdiction is governed by 43 CFR 3610.2-3. The 
authorized officer shall inform the lessee or operator if the materials 
may be used free of charge or if an application for sale is required. If 
the materials to be used are Indian owned or under the jurisdiction of 
any Surface Management Agency other than BLM, the specific tribe and or 
Area Superintendent of BIA, or the appropriate Surface Management Agency 
office shall be contacted to determine the appropriate procedure for use 
of the materials.
    (7) Methods for Handling Waste Disposal. A written description shall 
be given of the methods and locations proposed for safe containment and 
disposal of each type of waste material (e.g., cuttings, garbage, salts, 
chemicals, sewage, etc.) that results from the drilling of the proposed 
well. Likewise, the narrative shall include plans for the eventual 
disposal of drilling fluids and any produced oil or water recovered 
during testing operations.
    (8) Ancillary Facilities. The plans, or subsequent amendments to 
such plans, shall identify all ancillary facilities such as camps and 
airstrips as to their location, land area required, and the methods and 
standards to be employed in their construction. Such facilities shall be 
shown on a map or plat. The approximate center of proposed camps and the 
center line of airstrips shall be staked on the ground.
    (9) Well Site Layout. A plat of suitable scale (not less than 1 
inch=50 feet) showing the proposed drill pad and its location with 
respect to topographic features is required. Cross section diagrams of 
the drill pad showing any cuts and fills and the relation to topography 
are also required. The plat shall also include the approximate proposed 
location of the reserve and burn pits, access roads onto the pad, 
turnaround areas, parking area, living facilities, soil material 
stockpiles, and the orientation of the rig with respect to the pad and 
other facilities. Plans, if any to line the reserve pit should be 
detailed.
    (10) Plans for Reclamation of the Surface. The program for surface 
reclamation upon completion of the operation, such as configuration of 
the reshaped topography, drainage system, segregation of spoil 
materials, surface manipulations, waste disposal, revegetation methods, 
and soil treatments, plus other practices necessary to reclaim all 
disturbed areas, including any access roads or portions of well pads 
when no longer needed, shall be stated. An estimate of the time for 
commencement and completion of reclamation operations, dependent on 
weather conditions and other local uses of the area, shall be provided.
    (11) Surface Ownership. The surface ownership (Federal, Indian, 
State or private) at the well location, and for all lands crossed by 
roads which are to be constructed or upgraded, shall be indicated. Where 
the surface of the well site is privately owned, the operator shall 
provide the name, address, and telephone number of the surface owner, 
unless previously provided.
    (12) Other Information. The lessee or operator is encouraged to 
submit any additional information that may be helpful in processing the 
application.
    (13) Lessee's or Operator's Representative and Certification. The 
name, address, and telephone number of the lessee's or operator's field 
representative shall be included. The

[[Page 187]]

lessee or operator submitting the APD shall certify as follows:
    I hereby certify that I, or persons under my direct supervision, 
have inspected the proposed drill site and access route; that I am 
familiar with the conditions which currently exist; that the statements 
made in this plan are, to the best of my knowledge, true and correct; 
and that the work associated with operations proposed herein will be 
performed by __________ and its contractors and subcontractors in 
conformity with this plan and the terms and conditions under which it is 
approved. This statement is subject to the provisions of 18 U.S.C. 1001 
for the filing of a false statement.

   Date_________________________________________________________________

   Name and Title_______________________________________________________



PART 230--STATE AND PRIVATE FORESTRY ASSISTANCE--Table of Contents




                Subpart A--Stewardship Incentive Program

Sec.
230.1  Purpose and scope.
230.2  Definitions.
230.3  National program administration.
230.4  State program administration.
230.5  Eligibility requirements.
230.6  Landowner forest stewardship plan.
230.7  Program practices.
230.8  Application and approval.
230.9  Payment to landowners.
230.10  Prohibitions.
230.11  Recapture of payment.
230.12  Reconsideration.
230.13  Information requirements.

    Authority: 16 U.S.C. 2103b, 2114.

    Source: 56 FR 63585, Dec. 4, 1991, unless otherwise noted.



                Subpart A--Stewardship Incentive Program



Sec. 230.1  Purpose and scope.

    (a) The regulations in this subpart govern the 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, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2101, 
et seq.). This subpart sets forth the rules and procedures by which the 
Stewardship Incentive Program will be administered by the Forest Service 
to establish forest stewardship practices on nonindustrial private 
forest land.
    (b) The cost-share assistance provided under the Stewardship 
Incentive Program shall complement rather than replace or duplicate the 
existing Agricultural Conservation Program and Forestry Incentives 
Program. Tree planting and improvement and other State priorities for 
program activities and practices funded under the Stewardship Incentive 
Program shall be designed to provide multiple resource benefits not 
available through other cost-share programs.



Sec. 230.2  Definitions.

    As used in this subpart, the following terms shall 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 
legal entity to whom a landowner transfers legal rights to receive all 
or part of federal cost-share payments.
    Chief means the Chief of the Forest Service.
    Committee means the State Forest Stewardship Coordinating Committee 
established pursuant to section 19(b)(1) of the Act.
    Fiscal year means the fiscal year of the United States Government 
which is October 1 through September 30.
    Landowner means any private individual, group, association, 
corporation, Indian tribe or other native group, or other private legal 
entity, excluding corporations whose stocks are publicly traded or legal 
entities principally engaged in the production of wood products.
    Nonindustrial private forest land means rural lands with existing 
tree cover or which are suitable for growing trees and owned by any 
landowner as defined in this subpart.
    Practice means a stewardship activity or conservation measure 
consistent with the landowner plan to accomplish the landowner's desired 
management objectives.
    Program means the Stewardship Incentive Program.
    Regional Forester means the Forest Service official charged with the 
administration of a Region of the National Forest System as described in 
36 CFR 200.2, except that with reference to the States covered by the 
Eastern Region, such term shall mean the Area

[[Page 188]]

Director for States and Private Forestry, Northeastern Area (36 CFR 
200.2);
    Resource Management Professional means any person who is recognized 
by the State Forester as having the knowledge and skills to develop 
landowner plans for managing the biological, economic, and environmental 
interrelationship of forest resources and to identify appropriate 
activities to manage, protect, or enhance forest resources including, 
but not limited to, an employee of a State forestry agency, other State 
resource agency, the Soil Conservation Service, a consulting forester, 
or wildlife biologist.
    Service Representative means a resource management professional 
designated by the State Forester to perform any or all of the following 
technical assistance functions: Review and approval of landowner plans, 
determination of need and feasibility of practices, establishment of 
site specific practice specifications, certification of completion of 
practices and performance of compliance checks pursuant to this subpart.
    State means any one of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands of the United 
States, Guam, American Samoa, the Commonwealth of the North Marianas 
Islands, the Trust Territory of the Pacific Islands and the Territories 
and possessions of the United States.
    State Forester means the employee of a State responsible for 
administration and delivery of forestry and assistance within such 
State.
    USDA means the U.S. Department of Agriculture.



Sec. 230.3  National program administration.

    (a) The Chief shall develop and 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 distribute among the States such cost-
share funds as may be available for the Program after addressing the 
public benefit incidental to such distribution and after giving 
appropriate consideration to the following: The total acreage of 
nonindustrial private forest land in each State, the potential 
productivity of such land, the number of owners eligible for cost 
sharing in each State, the need for reforestation in each State, the 
opportunities to enhance nontimber resources on such forest lands, and 
the anticipated demand for timber and nontimber resources in each State. 
In making distributions under this paragraph, the Chief shall consult 
with a group of not less than five State Foresters selected by a 
majority of the State foresters.
    (c) Tree planting, tree maintenance, and tree improvement are 
national priorities for cost-share practices under the Programs. In 
addition to these practices, the Chief, in consultation with the State 
Foresters, may develop other national priorities for practices to be 
cost shared under the Program and shall communicate such priorities to 
guide administration of the Program.
    (d) The Chief shall review and determine approval of State plans, 
including any revisions of such plans.
    (e) The Chief, in consultation with the State Foresters, shall 
annually reevaluate and set the percentage of Program funding to be made 
available for landowner forest stewardship plan development 
(Sec. 230.7(a)(1) of this sub-part).
    (f) The Chief may enter into such agreements with any other USDA 
agency as are necessary to administer the Program. These agreements may 
include provisions authorizing the collection of Program participant 
information, the management of accounting ledgers, and the disbursement 
of payment to participants.
    (g) The Chief shall retain final authority to resolve all issues 
which may arise in the administration of the Program.



Sec. 230.4  State program administration.

    (a) In each State participating in the Program, the Secretary of 
Agriculture, in consultation with the State Forester, shall establish a 
State Forest Stewardship Coordinating Committee whose composition meets 
the requirements of section 19(b) of the Act. The Committee shall be 
chaired by the State Forester, or the designee thereof.

[[Page 189]]

    (b) In each State participating in the Program, the Committee shall 
recommend to the State Forester for approval:
    (1) Stewardship Incentive Program needs within the State;
    (2) The minimum contiguous acreage of eligible nonindustrial private 
forest land, consistent with Sec. 230.5(c) of this subpart;
    (3) Those nationally approved practices that will be eligible for 
cost-share assistance within the State;
    (4) Those nationally approved technical practices and minimum 
specifications to be used in implementing practices;
    (5) The cost-share levels, by practice, which will encourage tree 
planting, maintenance, and improvement, and other high priority 
practices within the State that will result in multiple resource 
benefits:
    (6) The fixed rate or reimbursement or designated percentage of 
total cost for practice components;
    (7) The distribution mechanism for the allocation of cost-share 
funds within the State;
    (8) The assignment of technical responsibility, by type of Program 
practice, to the appropriate Service Representative;
    (9) Guidelines for establishing annual priorities for the approval 
of landowner applications;
    (10) The mechanisms for ensuring landowner compliance with practice 
specification;
    (11) The mechanisms to monitor State participation in the Program; 
and
    (12) Any adjustments in Program guideline, administration, or 
funding levels to better achieve Program objectives within the State.
    (c) The State Forester, after giving full consideration to the 
recommendations of the Committee, shall approve Program administration 
procedures as set forth in paragraph (b) of this section. In the event a 
Committee fails to make timely recommendations with regard to any matter 
listed in paragraph (b) of this section, the State Forester is 
authorized to approve administrative procedures for implementing the 
Program without further delay.
    (d) To participate in the Program, the State Forester, in 
consultation with the Committee, shall develop a State plan that shall 
provide baseline data on the forest resources of the State; outline 
threats to the forest resources of the State; describe economic and 
environmental opportunities that are linked with the forest resources of 
the State; address management problems, opportunities, and objectives 
associated with intermingled Federal, State, and private land ownership 
patterns within the State; and make planning recommendations for 
Federal, State, and local implementation of the Act.
    (1) The State Plan shall cover a 5-year period, identify management 
goals for nonindustrial private forest lands and set priorities for 
achieving the goals and objectives identified for the State for each 
year.
    (2) State Foresters may use existing resource inventories, landowner 
surveys, and other relevant planning data to develop the State plan.
    (3) State plans shall become effective upon approval by the Chief.
    (e) The State Forester shall administer the Program within the State 
and monitor the Programs to ensure that it is achieving desired results 
and shall ensure landowner compliance with practice installation 
specifications and maintenance of the practice.
    (f) Not more than 10 percent of a State allocation of funds may be 
used to finance State Program development and administration. The State 
Forester must obtain approval from the Regional Forester of the amount 
of the State's Program allocation to be used for State Program 
development and administration.
    (g) The percent of the State's Program allocation of funds that may 
be used to cost-share the development of Landowner Forest Stewardship 
plans will be determined pursuant to Sec. 230.3(e) of this subpart. The 
State Forester must obtain approval from the Regional Forester of the 
amount of the State's Program allocation to be used for Landowner Forest 
Stewardship Plan development (Sec. 230.7(a)(1) of this subpart).

[[Page 190]]

    (h) The State Forester shall document and make available for public 
inspection all determinations made in consultation with the Committee.



Sec. 230.5  Eligibility requirements.

    (a) All nonindustrial private forest landowners 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, are eligible to apply for and receive assistance under the 
Program without regard to race, color, religion, national origin, age, 
sex, marital status, or handicap.
    (b) To be eligible to receive cost-share funds under the Program, a 
landowner shall own not more than a total of 1,000 acres of 
nonindustrial private forest land, except where the State Forester, with 
the concurrence of the Regional Forester, determines that significant 
public benefits would accrue from approval of a landowner owning not 
more than 5,000 acres. In making a determination of significant public 
benefits, the State Forester and the Regional Forester shall consider, 
at a minimum, whether the installation of practices by landowners who 
own more than 1,000 acres but less than 5,000 acres are necessary to 
achieve cost-effective resource management objectives without unduly 
affecting Program participation of other eligible landowners.
    (c) To be eligible to receive cost-share funds under the Program, a 
landowner shall not own less than the minimum contiguous acreage as 
established by the State Forester. However, in no case shall the minimum 
contiguous acreage requirement be higher than 25 acres.
    (d) To be eligible to receive cost-share funds under the Program, a 
landowner must agree to manage the following lands under a Landowner 
Forest Stewardship Plan prepared pursuant to Sec. 230.6 of this subpart:
    (1) All of their nonindustrial private forest land with existing 
tree cover within a contiguous tract; and
    (2) Other nonindustrial private forest land within the same 
contiguous tract which is identified by the landowner and approved by 
the Service Representative as suitable for growing trees and scheduled 
for conversion to a Program practice.
    (e) To be eligible to receive cost-share funds under the Program, a 
landowner must agree to maintain Program practices for 10 years, unless 
otherwise specified by the Chief.



Sec. 230.6  Landowner forest stewardship plan.

    (a) Prior to receiving approval 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 landowner 
forest stewardship plan shall be prepared by a Resource Management 
Professional and approved by a Service Representative and shall identify 
and describe actions to be taken by the landowner to protect and manage 
soil, water, aesthetic qualities, recreation, timber, and fish and 
wildlife resources in a manner which is compatible with the objectives 
of the landowner.
    (b) A landowner forest stewardship plan shall be effective for not 
less than 10 years, but shall be reviewed at least every five years and 
may be revised as needed, subject to approval of the Service 
Representative.
    (c) To the extent deemed applicable by the Service Representative, 
where existing landowner management plans such as conservation plans, 
Tree Farm management plans, or similar plans meet or can be amended to 
meet Landowner Forest Stewardship Plan requirements, such plans shall 
satisfy the requirements of this section.
    (d) If a landowner sells or otherwise conveys land covered by a 
landowner forest stewardship plan, such plan shall remain in effect if 
agreed to by the new owner. New landowner objectives shall be 
incorporated through plan revision as needed. Where the new landowner 
does not agree to adopt the Landowner Forest Stewardship plan, the new 
landowner cannot obtain approval of new Program practices without 
preparation and approval of a new Landowner Forest Stewardship Plan.

[[Page 191]]



Sec. 230.7  Program practices.

    (a) Practices for which cost sharing is available under the 
Stewardship Incentive Program and the reporting codes assigned to each 
are as follows:
    (1) Landowner Forest Stewardship Plan Development (SIP1), which 
identifies landowner objectives and multiple resource management 
decisions.
    (2) Reforestation and Afforestation (SIP2), which includes 
establishment or reestablishment of diverse stands of forest trees 
through natural regeneration, planting, or direct seeding for 
conservation purposes and sustainable timber production.
    (3) Forest and Agroforest Improvement (SIP3), which includes the 
improvement of forest and agroforest stand productivity, vigor, and 
health, and the value and quality of wood products.
    (4) Windbreak and Hedgerow Establishment, Maintenance and Renovation 
(SIP4), which includes the establishment, maintenance, and renovation of 
windbreaks and hedgerows to conserve energy, protect farmsteads, 
livestock, and crops, and reduce soil erosion.
    (5) Soil and Water Protection and Improvement (SIP5), which includes 
the maintenance or improvement of water quality and soil productivity on 
forest land.
    (6) Riparian and Wetland Protection and Improvement (SIP6), which 
includes the protection, restoration, and improvement of wetlands and 
riparian areas to maintain water quality and enhance habitat.
    (7) Fisheries Habitat Enhancement (SIP7), which includes the 
protection and enhancement of habitat for native resident and anadromous 
fisheries.
    (8) Wildlife Habitat Enhancement (SIP8), which includes the 
establishment and enhancement of permanent habitat for game and nongame 
wildlife species.
    (9) Forest Recreation Enhancement (SIP9), which includes the 
enhancement of outdoor recreation activities and aesthetics.
    (b) In the application and use of pesticides, including biological, 
chemical, and behavioral substances, practice performance shall meet all 
label requirements, State and Federal regulations, and local ordinances.
    (c) Anyone who carries out practices under this Program shall be 
responsible for obtaining the authorities, rights, easements, or other 
approvals necessary to the performance and maintenance of the practices 
in keeping with applicable laws and regulations.



Sec. 230.8  Application and approval.

    (a) A landowner wishing to participate in 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 as the State Forester may 
designate, shall make basic eligibility determinations, including 
whether the applicant meets nonindustrial private forest land ownership 
criteria and minimum and maximum acreage criteria in accordance with 
Sec. 230.5 of this subpart, and approve Program practices. The landowner 
shall be notified of such determination in writing by mail.
    (c) The State Forester, or such official as the State Forester may 
designate, shall approve Program practices based on the following:
    (1) For approval of practices described in Sec. 230.7(a)(2)-(a)(9) 
of this subpart, verification that the landowner has an approved 
landowner forest stewardship plan.
    (2) A determination whether the practice is needed and feasible.
    (3) A determination that the practice is consistent with funding 
priorities established by the State Forester.
    (d) Applications shall not be approved unless cost-share funds are 
available. Approval of an application shall constitute an agreement by 
the United States and the landowner to cost-share approved practices 
upon acceptable performance.
    (e) Upon approval of Program practices, a Service Representative 
shall prepare a project outline that identifies the needed technical 
practices, specifications, and approximate time frame(s) for the 
implementation of the practice(s) to achieve the objectives of the 
landowner forest stewardship plan. Upon agreement by the landowner and 
the Service Representative to the requirements set forth in the project 
outline, the outline shall be attached to

[[Page 192]]

and become part of the landowner forest stewardship plan and shall be 
effective for the duration of the practice. Requirements of a project 
outline shall constitute the basis for determining acceptable 
performance upon practice completion.
    (f) Upon approval of Program practices, the landowner shall be 
notified of approved practices in writing. Such notice shall state that 
the landowner can begin implementing approved practices.



Sec. 230.9  Payment to landowners.

    (a) To be eligible for cost-share payments, 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 the landowner's control, a six month extension period may be 
granted by the Service Representative.
    (b) Upon certification by the Service Representative that a practice 
has been completed in accordance with specifications, the federal cost-
share payment will be calculated and disbursed to the landowner. Service 
Representatives shall have the right of access to the landowner's 
property to inspect practices for the duration of the practice 
maintenance period.
    (c) The amount of payment under the Program to any one landowner 
shall not exceed $10,000 in any given fiscal year. For each landowner 
participating in the Program, the payment limitation shall apply as 
follows:
    (1) Where husband and wife hold joint ownership, they shall be 
considered as a single landowner.
    (2) Where any number of individuals hold common ownership, they 
shall be considered as a single landowner.
    (3) Where the individual is a partner, corporate shareholder, or has 
an ownership interest in another private legal entity, the amount of 
payment to the individual shall be equivalent to the percentage of 
ownership the individual holds in such partnership, corporation or other 
private legal entity times the payment made to such partnership, 
corporation or other legal entity.
    (d) Levels of federal cost-share funds to be paid to landowners 
shall be set by the State Forester, but shall not exceed 75 percent of 
the actual costs incurred by a participating landowner. Non-Federal 
program funds and other donated assistance may be used to supplement 
cost-share assistance under the Program; however, the total of all funds 
and assistance shall not exceed 100 percent of the actual cost of 
practice implementation.
    (e) A practice may consist of one or more component activities. A 
landowner may receive partial payment for completed components on the 
condition that the landowner agrees to complete the remaining 
component(s) of the practice within the time period specified by the 
Service Representative, not to exceed eighteen months following approval 
to implement the practice, unless an extension is justified as provided 
in paragraph (a) of this section.
    (f) Where performance actually rendered does not meet the minimum 
specifications of a practice due to factors beyond the landowner's 
control, the State Forester or designee may approve cost-share payment 
under one of the following conditions:
    (1) The landowner repeats applications of components previously 
implemented or establishes additional eligible components under such 
terms and conditions as the Service Representative may require, in which 
case, the State Forester shall approve additional cost-sharing for 
additional or repeated components to the extent such measures are needed 
to meet the objectives of the landowner forest stewardship plan; or
    (2) The landowner establishes to the satisfaction of the Service 
Representative that:
    (i) A reasonable effort was made to meet the minimum requirements; 
and
    (ii) The practice, as performed, adequately meets the objectives of 
the landowner forest stewardship plan.
    (g) Where the landowner has received cost-share assistance for site 
preparation and the establishment of trees has been unsuccessful due to 
factors beyond the landowner's control, the Service Representative shall 
require that trees be re-established and shall approve cost-share 
assistance for such activity.

[[Page 193]]

    (h) If a landowner sells, conveys, or otherwise loses control of 
lands upon which there is a continuing obligation to maintain a practice 
and the new landowner does not agree to assume the responsibility for 
maintaining the practice, the landowner who was originally obligated to 
maintain the practice shall be liable to reimburse the United States for 
all cost-share payments on such practices.
    (i) In case of death or incompetency of any landowner, the State 
Forester shall approve cost-share payments to the successor if the 
successor agrees to maintain the practices for the duration of the 
required maintenance period.
    (j) Any landowner who may be entitled to any cost-share payment 
under this subpart may assign the right thereto, in whole or in part, 
under the following terms:
    (1) Payments may be assigned only for performance of a Program 
practice.
    (2) A payment which is made to a landowner may not be assigned to 
pay or secure any preexisting debt.
    (3) Neither the United States, the Forest Service, the Secretary of 
Agriculture, nor any disbursing agent shall be liable in any suit if 
payment is made to an assignor rather than to an assignee, and nothing 
in this section shall be construed to authorize any suit against the 
United States, the Forest Service, the Secretary or any disbursing agent 
if payment is not made to the assignee, or if payment is made to only 
one of several assignees.
    (k) No cost-share payment or portion thereof due and owing any 
landowner shall be subject to any claim arising under State law by any 
creditor, except agencies of the United States Government.



Sec. 230.10  Prohibitions.

    (a) No cost-share funds shall be paid for the following:
    (1) Costs incurred before an application for cost-share assistance 
is approved;
    (2) The implementation of any practice(s) already required by law, 
regulation, or other authority; and
    (3) Repairs or normal upkeep or maintenance of any practice.
    (b) No cost-share assistance shall be paid for repeating practices 
on the same site by the same landowner which have been implemented under 
the Forestry Incentives Program (16 U.S.C. 2104) or any other Federal, 
State, or local government programs, or private sector programs, except 
where such practices are repeated due to a failure of a prior practice 
without fault of the landowner.



Sec. 230.11  Recapture of payment.

    (a) If any landowner, successor, or assignee uses 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 paid that person shall be secured. A scheme or device includes, 
but is not limited to, coercion, fraud or misrepresentation, false 
claims, or any business dissolution, reorganization, revival, or other 
legal mechanism designed for or having the effect of evading the 
requirements of this subpart.
    (b) If any landowner or successor takes any action or fails to take 
action which results in the destruction or impairment of a prescribed 
practice for the duration of the practice, cost-share funds shall be 
withheld or a recapture of all or part of any Program payments otherwise 
due or paid shall be secured based on the extent and effect of 
destruction and impairment.
    (c) Nothing in this section requiring the withholding or refunding 
of cost-share funds shall preclude any penalty or liability otherwise 
imposed by law.



Sec. 230.12  Reconsideration.

    Any landowner, successor, or assignee who is 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. All requests for reconsideration shall be in writing and shall 
contain factual information explaining the basis for requesting 
reconsideration. All decisions upon reconsideration shall be issued in 
writing.



Sec. 230.13  Information requirements.

    The requirements governing the preparation of a State forest 
stewardship plan in Sec. 230.4(d) of this subpart, the landowner forest 
stewardship plan

[[Page 194]]

in Sec. 230.6 of this subpart, and the application requirements of 
Sec. 230.8 constitute information requirements as defined by the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3507) and have been approved 
for use pursuant to 5 CFR part 1320 and assigned OMB Control Number 
0596-0120.



PART 241--FISH AND WILDLIFE--Table of Contents




                      Subpart A--General Provisions

Sec.
241.1  Cooperation in wildlife protection.
241.2  Cooperation in wildlife management.
241.3  Federal refuge regulations.

 Subpart B--Conservation of Fish, Wildlife, and Their Habitat, Chugach 
                         National Forest, Alaska

241.20  Scope and applicability.
241.21  Definitions.
241.22  Consistency determinations.
241.23  Taking of fish and wildlife.

    Authority: 16 U.S.C. 472, 539, 551, 683.



                      Subpart A--General Provisions

    Source: 6 FR 1987, Apr. 17, 1941, unless otherwise noted.



Sec. 241.1  Cooperation in wildlife protection.

    (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 of wildlife.
    (b) Officials of the Forest Service who have been, or hereafter may 
be, lawfully appointed deputy game wardens under the laws of any State, 
will serve in such capacity with full power to enforce the State laws 
and regulations relating to fur-bearing and game animals, birds, and 
fish. Such officials will serve as State deputy game wardens without 
additional pay, except that they may accept the usual fees allowed by 
the respective States for issuing hunting and fishing licenses. All 
officials of the Forest Service are prohibited from accepting bounties, 
rewards, or parts of fines offered by any person, corporation or State 
for aid rendered in the enforcement of any Federal or State law relating 
to fur-bearing and game animals, birds, and fish.



Sec. 241.2  Cooperation in wildlife management.

    The Chief of the Forest Service, through the Regional Foresters 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 and services of the national forests, and, in 
cooperation with the Fish and Game Department or other constituted 
authority of the State concerned, he will formulate plans for securing 
and maintaining desirable populations of wildlife species, and he may 
enter into such general or specific cooperative agreements with 
appropriate State officials as are necessary and desirable for such 
purposes. Officials of the Forest Service will cooperate with State game 
officials in the planned and orderly removal in accordance with the 
requirements of State laws of the crop of game, fish, fur-bearers, and 
other wildlife on national forest lands.



Sec. 241.3  Federal refuge regulations.

    Until a cooperative agreement has been entered into between the 
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 been promulgated and taken effect 
in order to carry out such cooperative agreement the following 
paragraphs shall be effective:
    (a) Any person desiring to hunt or take game or non-game animals, 
game or non-game birds, or fish, upon any National Forest lands or 
waters embraced within the boundaries of a military reservation or a 
national game or bird refuge, preserve, sanctuary, or reservation 
established by or under authority of an act of Congress, shall procure 
in advance a permit from the Forest Supervisor. The permit shall be 
issued for a specified season, shall fix the bag or creel limits, and 
shall prescribe such other conditions as the Regional Forester may 
consider necessary for carrying out the purposes for which such lands 
have been set aside or reserved.

[[Page 195]]

    (b) Officials of the Forest Service will cooperate with persons, 
firms, corporations, and State and county officials in the protection, 
management, and utilization of game and non-game animals, game and non-
game birds, and fish, upon national forest lands of the character 
referred to in paragraph (a) of this section. The Chief of the Forest 
Service may authorize the acceptance of contributions from cooperators 
for the payment of expenses incurred in carrying out the provisions of 
this section.
    (c) When necessary for the protection of the forest or the 
conservation of animal life on refuges under paragraphs (a) and (b) of 
this section, the Chief of the Forest Service may sell, barter, 
exchange, or donate game and non-game animals. When the interests of 
game conservation will be promoted thereby, the Chief of the Forest 
Service may accept donations of game and non-game animals, game and non-
game birds, and fish, or the eggs of birds and fish.



 Subpart B--Conservation of Fish, Wildlife, and Their Habitat, Chugach 
                         National Forest, Alaska

    Source: 56 FR 63463, Dec. 4, 1991, unless otherwise noted.



Sec. 241.20  Scope and applicability.

    (a) The regulations in this subpart apply to management of the 
Copper River-Rude River addition and Copper River-Bering River portion 
of the Chugach National Forest, for the conservation of fish, wildlife 
and their habitat as required by the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 539). These regulations supplement the 
general regulations governing use and occupancy of National Forest 
System lands nationwide in 36 CFR part 251--Land Uses.
    (b) The rules of this subpart are applicable only on Federally-owned 
lands within the boundaries of the Copper River-Rude River addition and 
the Copper River-Bering River portion of the Chugach National Forest, 
Alaska, known as the Copper River Management Area and as described and 
displayed in the Chugach National Forest Land and Resource Management 
Plan, July 1984.
    (c) Nothing in these regulations is intended to enlarge or diminish 
the responsibility and authority of the State of Alaska for management 
of fish and wildlife.
    (d) The primary purpose for the management of the Copper River-Rude 
River addition and the Copper River-Bering River portion of the Chugach 
National Forest, Alaska, is the conservation of fish and wildlife and 
their habitat. Consistent with the regulations at part 219 of this 
chapter, direction for managing the fish and wildlife resources of these 
units shall be documented in the land management plan for the Chugach 
National Forest.



Sec. 241.21  Definitions.

    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 U.S.C. 3101 et seq.)
    Federal lands mean lands the title to which is in the United States, 
but does not include those lands: (1) Tentatively approved, 
legislatively conveyed, or patented to the State of Alaska, or (2) 
interim-conveyed or patented to a Native corporation or person.
    Fish and Wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird, amphibian, reptile, mollusk, 
crustacean, arthropod, or other invertebrate, and includes any part, 
product, egg, or offspring thereof, or dead body or part thereof. For 
the purposes of this subpart, birds also include any migratory or 
endangered bird for which protection is afforded by treaty or other 
international agreement.
    Land means lands, waters, and interests therein.
    Multiple-use activity is a specific management or permitted 
activity, use, measure, course of action, or treatment of National 
Forest System lands carried out under the statutory charter of the 
Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.) and the 
National Forest Management Act (16 U.S.C. 1600 et seq.).

[[Page 196]]

    Responsible Forest Officer is the Forest Service employee who has 
the authority to select, authorize, permit and/or carry out a specific 
multiple-use activity.



Sec. 241.22  Consistency determinations.

    (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 only after a determination by the responsible 
Forest Officer that such activity is consistent with the conservation of 
fish, wildlife, and their habitat. A use or activity may be determined 
to be consistent if it will not materially interfere with or detract 
from the conservation of fish, wildlife and their habitat.
    (b) Where an evaluation is made pursuant to section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321) for a 
proposed multiple-use activity, and the responsible Forest Officer 
prepares an environmental impact statement (EIS) or environmental 
assessment (EA) or categorically excludes an activity from documentation 
in an EA or EIS, the consistency determination required by this section 
for the use or activity shall be included as a part of the decision 
document.
    (c) Guidelines that are consistent with this section may be 
developed for specific multiple-use activities as a part of the planning 
and implementation process required by the National Forest Management 
Act and the implementing regulations at 36 CFR part 219, National Forest 
System Land and Resource Management Planning.
    (d) Subject to valid existing rights, the responsible Forest Officer 
may incorporate into any permit or other authorization issued pursuant 
to 36 CFR part 251 or other regulations of this chapter any reasonably 
practicable measures that are determined to be necessary to maintain 
consistency with the conservation of fish, wildlife, and their habitat 
as provided by this subpart.
    (e) Subject to valid existing rights, the responsible Forest Officer 
may terminate, suspend, restrict, or require modification of any 
activity if it is determined that such measures are required to conserve 
wildlife, fish, or their habitat within the areas of the Chugach 
National Forest subject to this subpart. Prior to taking action to 
terminate, suspend, restrict, or require modification of an activity 
under this section, the responsible Forest Officer shall give affected 
parties reasonable prior notice and an opportunity to comment, unless it 
is determined that doing so would likely result in irreparable harm to 
conservation of fish, wildlife, and their habitat.
    (f) Decisions made pursuant to this section are subject to appeal 
only as provided in 36 CFR parts 217 and 251, subpart C.
    (g) Nothing in this section affects subsistence activities carried 
out in accordance with Sec. 241.23 of this subpart or other applicable 
law.



Sec. 241.23  Taking of fish and wildlife.

    (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 State and Federal law.
    (b) To the extent consistent with the conservation of fish and 
wildlife and their habitat in accordance with recognized scientific 
management principles, local rural residents who depend upon the Chugach 
National Forest for subsistence needs shall continue to have the 
opportunity to engage in a subsistence way of life on the lands to which 
this subpart applies pursuant to applicable State and Federal law.
    (c) To the extent consistent with the conservation of fish and 
wildlife and their habitat, the continuation of existing uses and the 
future establishment and use of temporary campsites, tent, platforms, 
shelters, and other temporary facilities and equipment directly and 
necessarily related to the taking of fish and wildlife may be authorized 
in accordance with applicable law and regulations. However, the Forest 
Supervisor may restrict or prohibit facilities or uses in the Copper 
River-Rude River addition or Copper River-Bering River area if it is 
determined, after adequate notice to the affected parties, that the 
continuation of such facilities or uses would materially interfere with 
or adversely affect the

[[Page 197]]

conservation of fish and wildlife and their habitat.



PART 242--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA--Table of Contents




                      Subpart A--General Provisions

Sec.
242.1  Purpose.
242.2  Authority.
242.3  Applicability and scope.
242.4  Definitions.
242.5  Eligibility for subsistence use.
242.6  Licenses, permits, harvest tickets, tags, and reports.
242.7  Restriction on use.
242.8  Penalties.
242.9  Information collection requirements.

                      Subpart B--Program Structure

242.10  Federal Subsistence Board.
242.11  Regional advisory councils.
242.12  Local advisory committees.
242.13  Board/agency relationships.
242.14  Relationship to State procedures and regulations.
242.15  Rural determination process.
242.16  Customary and traditional use determination process.
242.17  Determining priorities for subsistence uses among rural Alaska 
          residents.
242.18  Regulation adoption process.
242.19  Closures and other special actions.
242.20  Request for reconsideration.
242.21  [Reserved]

                     Subpart C--Board Determinations

242.22  Subsistence resource regions.
242.23  Rural determinations.
242.24  Customary and traditional use determinations.

           Subpart D--Subsistence Taking of Fish and Wildlife

242.25  Subsistence taking of wildlife.
242.26  Subsistence taking of fish.
242.27  Subsistence taking of shellfish.

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-
3586; 43 U.S.C. 1733.



                      Subpart A--General Provisions

    Source: 57 FR 22951, 22964, May 29, 1992, unless otherwise noted.



Sec. 242.1  Purpose.

    The regulations in this part implement the Federal Subsistence 
Management Program on public lands within the State of Alaska.



Sec. 242.2  Authority.

    These regulations are issued pursuant to authority designated above, 
and specifically the authority vested in the Secretary of the Interior 
and Secretary of Agriculture specified in section 814 of the Alaska 
National Interest Lands Conservation Act (ANILCA) 16 U.S.C. 3124 (1980).



Sec. 242.3  Applicability and scope.

    (a) The regulations of 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 of this part do not permit 
subsistence uses in Glacier Bay National Park, Kenai Fjords National 
Park, Katmai National Park, and that portion of Denali National Park 
established as Mt. McKinley National Park prior to passage of ANILCA, 
where subsistence taking and uses are prohibited. These regulations do 
not supersede agency specific regulations.
    (b) The regulations contained in subpart D apply on all public lands 
including all non-navigable waters located on these lands. However, the 
regulations contained in subpart D do not authorize any subsistence uses 
in those National Parks listed in Sec. 242.3(a). In the following areas, 
the regulations in subpart D apply on all Federal public lands including 
all waters located on these lands:
    (1) The area beginning at a point on the boundary between the United 
States and Canada, on the divide between the north and south forks of 
the Firth River, approximate latitude 68 deg.52' N., longitude 
141 deg.00' W., thence westerly along this divide and the periphery of 
the watershed northward to the Arctic Ocean, along the crest of portions 
of the Brooks Range and the DeLong Mountains, to Cape Lisburne;
    (2) The area north of 61 deg. north latitude, south of 61 deg.21' 
north latitude, west of 163 deg.40' longitude and east of the Bering Sea 
shoreline including Hazen Bay;
    (3) Nunivak Island and waters of the Bering Sea within one mile of 
its shorelines;

[[Page 198]]

    (4) The area west of the eastern most tip of Unimak Island to the 
terminus of the Aleutian Islands, except the area between Akutan Pass 
and Samalga Island;
    (5) Simeonof Island and all waters of the Pacific Ocean within one-
mile of Simeonof Island;
    (6) the Semidi Islands and all waters of the Pacific Ocean within 
one mile of each of the Semidi Islands;
    (7) Kodiak National Wildlife Refuge;
    (8) Waters of the Pacific Ocean enclosed by the boundaries of Womans 
Bay, Gibson Cove, and an area defined by a line one-half mile on either 
side of the mouth of Karluk River, and extending seaward 3,000 feet;
    (9) All waters of the Pacific Ocean within 1,500 feet seaward of the 
shoreline of Afognak Island;
    (10) Kenai National Wildlife Refuge;
    (11) Glacier Bay National Preserve.
    (c) The public lands described in Sec. 242.3(b) (1)-(11) remain 
subject to change through rulemaking pending a Department of the 
Interior review of title and jurisdictional issues regarding certain 
submerged lands beneath navigable waters in Alaska.



Sec. 242.4  Definitions.

    The following definitions apply 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 the public lands 
including, but not limited to, the U.S. Fish & Wildlife Service, Bureau 
of Indian Affairs, Bureau of Land Management, National Park Service, and 
USDA Forest Service.
    ANILCA means the Alaska National Interest Lands Conservation Act, 
Public Law 96-487, 94 Stat. 2371 (December 2, 1980) (codified, as 
amended, in scattered sections of 16 U.S.C. and 43 U.S.C.)
    Barter means the exchange of fish or wildlife or their parts taken 
for subsistence uses; for other fish, wildlife or their parts; or, for 
other food or for nonedible items other than money, if the exchange is 
of a limited and noncommercial nature.
    Board means the Federal Subsistence Board as described in Sec.  
242.10 of this part.
    Commissions means the Subsistence Resource Commissions established 
pursuant to section 808 of ANILCA.
    Conservation of healthy populations of fish and wildlife means the 
maintenance of fish and wildlife resources and their habitats in a 
condition that assures stable and continuing natural populations and 
species mix of plants and animals in relation to their ecosystem, 
including the recognition that local rural residents engaged in 
subsistence uses may be a natural part of that ecosystem; minimizes the 
likelihood of irreversible or long-term adverse effects upon such 
populations and species; ensures the maximum practicable diversity of 
options for the future; and recognizes that the policies and legal 
authorities of the managing agencies will determine the nature and 
degree of management programs affecting ecological relationships, 
population dynamics, and the manipulation of the components of the 
ecosystem.
    Customary and traditional use means a long-established, consistent 
pattern of use, incorporating beliefs and customs which have been 
transmitted from generation to generation. This use plays an important 
role in the economy of the community.
    Customary trade means cash sale of fish and wildlife resources 
regulated herein, not otherwise prohibited by State or Federal law or 
regulation, to support personal and family needs; and does not include 
trade which constitutes a significant commercial enterprise.
    FACA means the Federal Advisory Committee Act, Public Law 92-463, 86 
Stat. 770 (October 6, 1972) (codified as amended, at 5 U.S.C. appendix 
II 1-15).
    Federal Advisory Committees or Federal Advisory Committee means the 
Federal Local Advisory Committees as described in Sec. 242.12.
    Family means all persons related by blood, marriage or adoption, or 
any person living within the household on a permanent basis.
    Federal lands means lands and waters and interests therein the title 
to which is in the United States.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird

[[Page 199]]

(including any migratory, nonmigratory or endangered bird for which 
protection is also afforded by treaty or other international agreement), 
amphibian, reptile, mollusk, crustacean, arthropod, or other 
invertebrate, and includes any part, product, egg, or offspring thereof, 
or the carcass or part thereof.
    Game Management Unit or GMU means one of the 26 geographical areas 
listed under game management units in the codified hunting and trapping 
regulations and the Game Unit Maps of Alaska.
    Person means an individual and does not include a corporation, 
company, partnership, firm, association, organization, business, trust 
or society.
    Public lands or public land means lands situated in Alaska which are 
Federal lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act which have not been conveyed to a Native 
Corporation, unless any such selection is determined to be invalid or is 
relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    Regional Councils or Regional Council means the Regional Advisory 
Councils as described in Sec. 242.11.
    Regulatory year means July 1 through June 30.
    Resident means any person who has his or her primary, permanent home 
within Alaska and whenever absent from this primary, permanent home, has 
the intention of returning to it. Factors demonstrating the location of 
a person's primary, permanent home may include, but are not limited to: 
The address listed on an Alaska license to drive, hunt, fish, or engage 
in an activity regulated by a government entity; affidavit of person or 
persons who know the individual; voter registration; location of 
residences owned, rented or leased; location of stored household goods; 
residence of spouse, minor children or dependents; tax documents; or 
whether the person claims residence in another location for any purpose.
    Rural means any community or area of Alaska determined by the Board 
to qualify as such under the process described in Sec. 242.15 of this 
part.
    Secretary means the Secretary of the Interior, except that in 
reference to matters related to any unit of the National Forest System, 
such term means the Secretary of Agriculture.
    State means the State of Alaska.
    Subsistence uses means the customary and traditional uses by rural 
Alaska residents of wild, renewable resources for direct personal or 
family consumption as food, shelter, fuel, clothing, tools, or 
transportation; for the making and selling of handicraft articles out of 
nonedible byproducts of fish and wildlife resources taken for personal 
or family consumption; for barter, or sharing for personal or family 
consumption; and for customary trade.
    Take or taking as used with respect to fish or wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or attempt 
to engage in any such conduct.
    Year means calendar year unless another year is specified.



Sec. 242.5  Eligibility for subsistence use.

    (a) The taking of fish and wildlife on public lands for subsistence 
uses is restricted to Alaskans who are residents of rural areas or 
communities. Other individuals, including Alaskans who are residents of 
non-rural areas or communities listed in Sec. 242.23, are prohibited 
from taking fish and wildlife on public lands for subsistence uses under 
these regulations.
    (b) Where the Board has made a customary and traditional use 
determination regarding subsistence use of a specific fish stock or 
wildlife population, in accordance with, and as listed in, Sec. 242.24, 
only those Alaskans who are residents of rural areas or communities so 
designated are eligible for subsistence taking of that population, on 
public lands for subsistence uses, under these regulations. All other 
individuals

[[Page 200]]

are prohibited from taking fish or wildlife from that population under 
these regulations.
    (c) Where customary and traditional use determinations for a fish 
stock or wildlife population within a specific area have not yet been 
made by the Board (e.g. ``no determination''), all Alaskans who are 
residents of rural areas or communities are eligible to participate in 
subsistence taking of that stock or population under these regulations.
    (d) This section does not limit the authority of the National Park 
Service to regulate further the eligibility of those individuals 
qualified to engage in subsistence uses on National Park Service lands 
in accordance with specific authority in ANILCA, and National Park 
Service regulations at 36 CFR part 13.



Sec. 242.6  Licenses, permits, harvest tickets, tags, and reports.

    (a) To take fish and wildlife on public lands for subsistence uses, 
subsistence users must possess and comply with the provisions of any 
pertinent permits, harvest tickets, or tags required by the State, or 
Federal permits, harvest tickets, or tags as required by the Board; and 
must possess the pertinent valid State hunting, fishing, and trapping 
licenses unless Federal licenses are required or unless otherwise 
provided for in these regulations.
    (b) To make a fraudulent application for Federal or State licenses, 
permits, harvest tickets or tags is prohibited.
    (c) Harvest tickets, tags, permits, or other required documents must 
be validated before removing the kill from the harvest site.
    (d) Persons engaged in taking fish and wildlife under these 
regulations must comply with all reporting provisions which the Board 
may require.
    (e) Licenses, permits, harvest tickets, tags or other documents 
required by this section must be produced by individuals upon the 
request of a State or Federal law enforcement agent. Persons engaged in 
taking fish and wildlife under these regulations must allow State or 
Federal law enforcement agents to inspect any apparatus designed to be 
used, or capable of being used to take fish or wildlife, or any fish or 
wildlife in possession.
    (f) The Board may implement harvest reporting systems or permit 
systems where:
    (1) The fish and wildlife is taken by an individual who is required 
to obtain and possess pertinent State harvest permits, tickets, or tags, 
or Federal permits, harvest tickets, or tags;
    (2) A qualified subsistence user may designate another qualified 
subsistence user to take fish and wildlife on his or her behalf; or
    (3) The fish and wildlife is taken by individuals or community 
representatives permitted a one-time or annual harvest for special 
purposes including ceremonies and potlatches;
    (4) The fish and wildlife is taken by representatives of a community 
permitted to do so in a manner consistent with the community's customary 
and traditional practices.
    (g) When the taking of fish and wildlife is in accordance with 
Sec. 242.6, the permittee must comply with all of the reporting 
requirements of the permit. Individuals designated on a permit to take 
fish and wildlife are required to have that permit in their possession 
during the taking and to comply with all requirements of the permit, 
regulations in subpart A Sec. 242.6 pertaining to validation and 
reporting, and to regulations in subpart D pertaining to methods and 
means, possession and transportation, and utilization.
    (h) When a community takes fish and wildlife in accordance with 
Sec. 242.6(f) (3) and (4), the harvest activity must be reported in 
accordance with regulations specified for that community in subpart D, 
and as required by any applicable permit conditions. Individuals may be 
responsible for particular reporting requirements in the conditions 
permitting a specific community's harvest. Failure to comply with these 
conditions is a violation of these regulations. Community harvests are 
reviewed annually under subpart D regulations.



Sec. 242.7  Restriction on use.

    (a) When fish and wildlife are taken pursuant to these regulations, 
trade of the fish and wildlife, other than for

[[Page 201]]

customary trade or barter, is prohibited.
    (b) When fish and wildlife are taken pursuant to these regulations, 
use or trade of the fish and wildlife which constitutes a significant 
commercial enterprise is prohibited.



Sec. 242.8  Penalties.

    A person convicted of violating any provision of 50 CFR part 100 or 
36 CFR part 242 may be punished by a fine or by imprisonment in 
accordance with the penalty provisions applicable to the public land 
where the violation occurred.



Sec. 242.9  Information collection requirements.

    (a) These rules contain information collection requirements subject 
to Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-
3520. They apply to subsistence uses on public lands in Alaska.
    (1) Section 242.20, Request for reconsideration. The information 
collection requirements contained in this section provide a standardized 
process to allow individuals the opportunity to appeal decisions of the 
Board. Submission of a request for reconsideration is voluntary but 
required to receive a final determination by the Board. The Department 
of the Interior estimates that a request for reconsideration will take 4 
hours to prepare and submit.
    (2) Section 242.6, Licenses, permits, harvest tickets, tags, and 
reports. The information collection requirements contained in this 
section provide for permit-specific subsistence activities not 
authorized through the general adoption of State regulations. These 
regulations require this information before a rural Alaska resident may 
engage in subsistence uses on public lands. The Department estimates 
that the average time necessary to obtain and comply with this permit 
information collection requirement is 15 minutes.
    (3) The remaining information collection requirements contained in 
this part imposed upon subsistence uses are those adopted from State 
regulations. The information collection requirements must be satisfied 
before rural Alaska residents may engage in subsistence uses on public 
lands. The Department estimates that the average burden imposed upon 
individuals will be 8 minutes.
    (b) Direct comments on the burden estimate or any other aspect of 
the burden estimate to: Information Collection Officer, U.S. Fish and 
Wildlife Service, 1849 C Street NW., MS 224 ARLSQ, Washington, DC 20240; 
and the Office of Management and Budget, Paperwork Reduction Project 
(1018-0075), Washington, DC 20503. Additionally, information 
requirements will be imposed when the Regional Councils, subject to the 
Federal Advisory Committee Act (FACA), are established under subpart B. 
Such requirements will be submitted to OMB for approval prior to their 
implementation.



                      Subpart B--Program Structure

    Source: 57 FR 22953, 22964, May 29, 1992, unless otherwise noted.



Sec. 242.10  Federal Subsistence Board.

    (a) The Secretary of the Interior and Secretary of Agriculture 
hereby establish, and delegate responsibility for, administering the 
subsistence taking and uses of fish and wildlife on public lands, and 
the related promulgation and signature authority for regulations of 
subparts C and D, contained herein, to the Board.
    (b) Membership.
    (1) The voting membership of the Board shall consist of a Chair to 
be appointed by the Secretary of the Interior with the concurrence of 
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish 
and Wildlife Service; Alaska Regional Director, National Park Service; 
Alaska Regional Forester, USDA Forest Service; the Alaska State 
Director, Bureau of Land Management; and the Alaska Area Director, 
Bureau of Indian Affairs. Each member of the Board may appoint a 
designee.
    (2) [Reserved]
    (c) Liaisons to the Board shall consist of a State liaison, and the 
Chairpersons of each Regional Council. The State liaison and the 
Chairpersons of each Regional Council may attend public sessions of all 
Board meetings and

[[Page 202]]

be actively involved as consultants to the Board.
    (d) Powers and Duties.
    (1) Meetings shall occur at least twice per year and at such other 
times as deemed necessary by the Board. Meetings shall occur at the call 
of the Chair, but any member may request a meeting.
    (2) A quorum shall consist of four members.
    (3) No action may be taken unless a majority of voting members are 
in agreement.
    (4) The Board is empowered, to the extent necessary, to implement 
Title VIII of ANILCA, to:
    (i) Promulgate regulations for the management of subsistence taking 
and uses of fish and wildlife on public lands;
    (ii) Determine which communities or areas of the State are rural or 
non-rural;
    (iii) Determine which rural Alaska areas or communities have 
customary and traditional subsistence uses of specific fish and wildlife 
populations;
    (iv) Allocate subsistence uses of fish and wildlife populations on 
public lands;
    (v) Ensure that the taking on public lands of fish and wildlife for 
nonwasteful subsistence uses shall be accorded priority over the taking 
on such lands of fish and wildlife for other purposes;
    (vi) Close public lands to the non-subsistence taking of fish and 
wildlife;
    (vii) Establish priorities for the subsistence taking of fish and 
wildlife on public lands among rural Alaska residents;
    (viii) Restrict or eliminate taking of fish and wildlife on public 
lands;
    (ix) Determine what types and forms of trade of fish and wildlife 
taken for subsistence uses constitute allowable customary trade;
    (x) Authorize the Regional Councils to convene;
    (xi) Establish a Regional Council in each subsistence resource 
region and recommend to the Secretaries, appointees to the Regional 
Councils, pursuant to the FACA;
    (xii) Establish Federal Advisory Committees within the subsistence 
resource regions, if necessary and recommend to the Secretaries that 
members of the Federal Advisory Committees be appointed from the group 
of individuals nominated by rural Alaska residents;
    (xiii) Establish rules and procedures for the operation of the 
Board, and the Regional Councils;
    (xiv) Review and respond to proposals for regulations, management 
plans, policies, and other matters related to subsistence taking and 
uses of fish and wildlife;
    (xv) Enter into cooperative agreements or otherwise cooperate with 
Federal agencies, the State, Native corporations, local governmental 
entities, and other persons and organizations, including international 
entities to effectuate the purposes and policies of the Federal 
subsistence management program;
    (xvi) Develop alternative permitting processes relating to the 
subsistence taking of fish and wildlife to ensure continued 
opportunities for subsistence; and
    (xvii) Take other actions authorized by the Secretaries to implement 
Title VIII of ANILCA.
    (5) The Board shall establish a Staff Committee composed of a member 
from the U.S. Fish and Wildlife Service, National Park Service, U.S. 
Bureau of Land Management, Bureau of Indian Affairs, and USDA Forest 
Service for analytical and administrative assistance. The U.S. Fish and 
Wildlife Service representative shall serve as Chair of the Staff 
Committee.
    (6) The Board may establish and dissolve additional committees as 
necessary for assistance.
    (7) The U.S. Fish and Wildlife Service shall provide appropriate 
administrative support for the Board.
    (8) The Board shall authorize at least two meetings per year for 
each Regional Council.
    (e) Relationship to Regional Councils.
    (1) The Board shall consider the reports and recommendations of the 
Regional Councils concerning the taking of fish and wildlife on public 
lands within their respective regions for subsistence uses. The Board 
may choose not to follow any Regional Council recommendation which it 
determines is not supported by substantial evidence,

[[Page 203]]

violates recognized principles of fish and wildlife conservation, would 
be detrimental to the satisfaction of subsistence needs, or in closure 
situations, for reasons of public safety or administration or to assure 
the continued viability of a particular fish or wildlife population. If 
a recommendation is not adopted, the Board shall set forth the factual 
basis and the reasons for the decision, in writing, in a timely fashion.
    (2) The Board shall provide available and appropriate technical 
assistance to the Regional Councils.



Sec. 242.11  Regional advisory councils.

    (a) The Board shall establish a Regional Council for each 
subsistence resource region to participate in the Federal subsistence 
management program. The Regional Councils shall be established, and 
conduct their activities, in accordance with the FACA. The Regional 
Councils shall provide a regional forum for the collection and 
expression of opinions and recommendations on matters related to 
subsistence taking and uses of fish and wildlife resources on public 
lands. The Regional Councils shall provide for public participation in 
the Federal regulatory process.
    (b) Establishment of Regional Councils--membership.
    (1) The number of members for each Regional Council shall be 
established by the Board, and shall be an odd number. A Regional Council 
member must be a resident of the region in which he or she is appointed 
and be knowledgeable about the region and subsistence uses of the public 
lands therein. The Board shall accept nominations and recommend to the 
Secretaries that representatives on the Regional Councils be appointed 
from those nominated by subsistence users. Appointments to the Regional 
Councils shall be made by the Secretaries.
    (2) Regional Council members shall serve 3 year terms and may be 
reappointed. Initial members shall be appointed with staggered terms up 
to three years.
    (3) The Chair of each Regional Council shall be elected by the 
applicable Regional Council, from its membership, for a one year term 
and may be reelected.
    (c) Powers and Duties.
    (1) The Regional Councils are authorized to:
    (i) Hold public meetings related to subsistence uses of fish and 
wildlife within their respective regions, after the Chair of the Board 
or the designated Federal Coordinator has called the meeting and 
approved the meeting agenda;
    (ii) Elect officers;
    (iii) Review, evaluate, and make recommendations to the Board on 
proposals for regulations, policies, management plans, and other matters 
relating to the subsistence take of fish and wildlife under these 
regulations within the region;
    (iv) Provide a forum for the expression of opinions and 
recommendations by persons interested in any matter related to the 
subsistence uses of fish and wildlife within the region;
    (v) Encourage local and regional participation, pursuant to the 
provisions of these regulations in the decisionmaking process affecting 
the taking of fish and wildlife on the public lands within the region 
for subsistence uses;
    (vi) Prepare and submit to the Board an annual report containing--
    (A) An identification of current and anticipated subsistence uses of 
fish and wildlife populations within the region,
    (B) An evaluation of current and anticipated subsistence needs for 
fish and wildlife populations from the public lands within the region,
    (C) A recommended strategy for the management of fish and wildlife 
populations within the region to accommodate such subsistence uses and 
needs related to the public lands, and
    (D) Recommendations concerning policies, standards, guidelines, and 
regulations to implement the strategy;
    (vii) Appoint members to each Subsistence Resource Commission 
(Commission) within their region in accordance with the requirements of 
section 808 of ANILCA;
    (viii) Make recommendations on determinations of customary and 
traditional use of subsistence resources;
    (ix) Make recommendations on determinations of rural status;
    (x) Make recommendations regarding the allocation of subsistence 
uses

[[Page 204]]

among rural Alaska residents pursuant to Sec. 242.17 of these 
regulations;
    (xi) Develop proposals pertaining to the subsistence taking and use 
of fish and wildlife under these regulations, and review and evaluate 
such proposals submitted by other sources;
    (xii) Provide recommendations on the establishment and membership of 
Federal Advisory Committees.
    (2) The Regional Councils shall:
    (i) Operate in conformance with the provisions of FACA and comply 
with rules of operation established by the Board;
    (ii) Perform other duties specified by the Board.



Sec. 242.12  Local advisory committees.

    (a) The Board shall establish such Federal Advisory Committees 
within each region as necessary at such time that it is determined, 
after notice and hearing and consultation with the State, that the 
existing State fish and game advisory committees do not adequately 
provide advice to, and assist, the particular Regional Council in 
carrying out its function as set forth in Sec. 242.11 of these 
regulations.
    (b) Federal Advisory Committees, if established by the Board, shall 
operate in conformance with the provisions of the FACA, and comply with 
rules of operation established by the Board.



Sec. 242.13  Board/agency relationships.

    (a) General.
    (1) The Board, in making decisions or recommendations, shall 
consider and ensure compliance with specific statutory requirements 
regarding the management of resources on public lands, recognizing that 
the management policies applicable to some public lands may entail 
methods of resource and habitat management and protection different from 
methods appropriate for other public lands.
    (2) The Board shall promulgate regulations for subsistence taking of 
fish and wildlife on public lands. The Board is the final administrative 
authority on the promulgation of subparts C and D regulations relating 
to the subsistence taking of fish and wildlife on public lands.
    (3) Nothing in these regulations shall enlarge or diminish the 
authority of any agency to promulgate regulations necessary for the 
proper management of public lands under their jurisdiction in accordance 
with ANILCA and other existing laws.
    (b) Section 808 of ANILCA establishes National Park and Park 
Monument Subsistence Resource Commissions. Nothing in these regulations 
affects the duties or authorities of these commissions.



Sec. 242.14  Relationship to State procedures and regulations.

    (a) State fish and game regulations apply to public lands and such 
laws are hereby adopted and made a part of these regulations to the 
extent they are not inconsistent with, or superseded by this Part.
    (b) The Board may close public lands to hunting and fishing, or take 
actions to restrict the taking of fish and wildlife despite any State 
authorization for taking fish and wildlife on public lands. The Board 
may review and adopt State closures or restrictions which serve to 
achieve the objectives of these regulations.
    (c) The Board may enter into agreements with the State in order to 
coordinate respective management responsibilities.
    (d) Petition for repeal of subsistence rules and regulations.
    (1) The State of Alaska may petition the Secretaries for repeal of 
these subsistence rules and regulations when the State has enacted and 
implemented subsistence management and use laws which:
    (i) Are consistent with sections 803, 804, and 805 of ANILCA; and
    (ii) Provide for the subsistence definition, preference, and 
participation specified in sections 803, 804, and 805 of ANILCA.
    (2) The State's petition shall:
    (i) Be submitted to the Secretary of the Interior, U.S. Department 
of the Interior, Washington, DC 20240, and the Secretary of Agriculture, 
U.S. Department of Agriculture, Washington, DC 20240.
    (ii) Include the entire text of applicable State legislation 
indicating compliance with sections 803, 804, and 805 of ANILCA; and

[[Page 205]]

    (iii) Set forth all data and arguments available to the State in 
support of legislative compliance with sections 803, 804, and 805 of 
ANILCA.
    (3) If the Secretaries find that the State's petition contains 
adequate justification, a rulemaking proceeding for repeal of these 
regulations will be initiated. If the Secretaries find that the State's 
petition does not contain adequate justification, the petition will be 
denied by letter or other notice, with a statement of the ground for 
denial.



Sec. 242.15  Rural determination process.

    (a) The 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 community or area with a population of 2500 or less shall be 
deemed to be rural unless such a community or area possesses significant 
characteristics of a non-rural nature, or is considered to be socially 
and economically a part of an urbanized area.
    (2) Communities or areas with populations above 2500 but not more 
than 7000 will be determined to be rural or non-rural.
    (3) A community with a population of more than 7000 shall be 
presumed non-rural, unless such a community or area possesses 
significant characteristics of a rural nature.
    (4) Population data from the most recent census conducted by the 
United States Bureau of Census as updated by the Alaska Department of 
Labor shall be utilized in this process.
    (5) Community or area characteristics shall be considered in 
evaluating a community's rural or non-rural status. The characteristics 
may include, but are not limited to:
    (i) Use of fish and wildlife;
    (ii) Development and diversity of the economy;
    (iii) Community infrastructure;
    (iv) Transportation; and
    (v) Educational institutions.
    (6) Communities or areas which are economically, socially and 
communally integrated shall be considered in the aggregate.
    (b) The Board shall periodically review rural determinations. Rural 
determinations shall be reviewed on a ten year cycle, commencing with 
the publication of the year 2000 U.S. census. Rural determinations may 
be reviewed out-of-cycle in special circumstances. Once the Board makes 
a determination that a community has changed from rural to non-rural, a 
waiting period of five years shall be required before the non-rural 
determination becomes effective.
    (c) Current determinations are listed at Sec. 242.23.



Sec. 242.16  Customary and traditional use determination process.

    (a) The Board shall determine which fish stocks and wildlife 
populations have been customarily and traditionally used for 
subsistence. These determinations shall identify the specific 
community's or area's use of specific fish stocks and wildlife 
populations. For areas managed by the National Park Service, where 
subsistence uses are allowed, the determinations may be made on an 
individual basis.
    (b) A community or area shall generally exhibit the following 
factors, which exemplify customary and traditional use. The Board shall 
make customary and traditional use determinations based on application 
of the following factors:
    (1) A long-term consistent pattern of use, excluding interruptions 
beyond the control of the community or area;
    (2) A pattern of use recurring in specific seasons for many years;
    (3) A pattern of use consisting of methods and means of harvest 
which are characterized by efficiency and economy of effort and cost, 
conditioned by local characteristics;
    (4) The consistent harvest and use of fish or wildlife as related to 
past methods and means of taking; near, or reasonably accessible from 
the community or area;
    (5) A means of handling, preparing, preserving, and storing fish or 
wildlife which has been traditionally used by past generations, 
including consideration of alteration of past practices due to recent 
technological advances, where appropriate;
    (6) A pattern of use which includes the handing down of knowledge of 
fishing and hunting skills, values and lore from generation to 
generation;

[[Page 206]]

    (7) A pattern of use in which the harvest is shared or distributed 
within a definable community of persons; and
    (8) A pattern of use which relates to reliance upon a wide diversity 
of fish and wildlife resources of the area and which provides 
substantial cultural, economic, social, and nutritional elements to the 
community or area.
    (c) The Board shall take into consideration the reports and 
recommendations of any appropriate Regional Council regarding customary 
and traditional uses of subsistence resources.
    (d) Current determinations are listed in Sec. 242.24.



Sec. 242.17  Determining priorities for subsistence uses among rural 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 
viability of such populations, or to continue subsistence uses, the 
Board shall establish a priority among the rural Alaska residents after 
considering any recommendation submitted by an appropriate Regional 
Council.
    (b) The priority shall be implemented through appropriate 
limitations based on the application of the following criteria to each 
area, community, or individual determined to have customary and 
traditional use, as necessary:
    (1) Customary and direct dependence upon the populations as the 
mainstay of livelihood;
    (2) Local residency; and
    (3) The availability of alternative resources.
    (c) If allocation on an area or community basis is not achievable, 
then the Board shall allocate subsistence opportunity on an individual 
basis through application of the above criteria.
    (d) In addressing a situation where prioritized allocation becomes 
necessary, the Board shall solicit recommendations from the Regional 
Council in the area affected.



Sec. 242.18  Regulation adoption process.

    (a) Proposals for changes to the Federal subsistence regulations in 
subpart D shall be accepted by the Board according to a published 
schedule, but at least once a year. The Board shall develop and publish 
proposed regulations in the Federal Register and publish notice in local 
newspapers. Comments on the proposed regulations in the form of 
proposals shall be distributed for public review.
    (1) Proposals shall be made available for at least a thirty (30) day 
review by the Regional Councils. Regional Councils shall forward their 
recommendations on proposals to the Board. Such proposals with 
recommendations may be submitted in the time period as specified by the 
Board or as a part of the Regional Council's annual report described in 
Sec. 242.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board shall consider 
traditional use patterns when establishing harvest levels and seasons, 
and methods and means. The Board may choose not to follow any 
recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council is 
not adopted by the Board, the Board shall set forth the factual basis 
and the reasons for their decision in writing to the Regional Council.
    (5) Following consideration of the proposals the Board shall publish 
final regulations pertaining to subpart D in the Federal Register.
    (b) Proposals for changes to subpart C shall be accepted by the 
Board according to a published schedule. The Board shall develop and 
publish proposed regulations in the Federal Register and publish notice 
in local newspapers. Comments on the proposed regulations in the form of 
proposals shall be distributed for public review.
    (1) Public and governmental proposals shall be made available for a 
thirty

[[Page 207]]

(30) day review by the regional councils. Regional Councils shall 
forward their recommendations on proposals to the Board. Such proposals 
with recommendations may be submitted in the time period as specified by 
the Board or as a part of the Regional Council's annual report described 
in Sec. 242.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board may choose not to follow 
any recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council is 
not adopted by the Board, the Board shall set forth the factual basis 
and the reasons for their decision in writing to the Regional Council.
    (5) Following consideration of the proposals the Board shall publish 
final regulations pertaining to subpart C in the Federal Register. A 
Board decision to change a community's or area's status from rural to 
non-rural will not become effective until five years after the decision 
has been made.
    (c) [Reserved]
    (d) Proposals for changes to subparts A and B shall be accepted by 
the Secretary of the Interior in accordance with 43 CFR 14.1-4.



Sec. 242.19  Closures and other special actions.

    (a) The Board may make or direct restriction or closure of the 
taking of fish and wildlife for non-subsistence uses on public lands 
when necessary to assure the continued viability of particular fish or 
wildlife population, to continue subsistence uses of a fish or wildlife 
population, or for reasons of public safety or administration.
    (b) After consulting with the State of Alaska, providing adequate 
notice to the public, and holding at least one public hearing in the 
vicinity of the affected communities, the Board may make or direct 
temporary closures to subsistence uses of a particular fish or wildlife 
population on public lands to assure the continued viability of a fish 
or wildlife population, or for reasons of public safety or 
administration. A temporary closure will not extend beyond the 
regulatory year in which it is promulgated.
    (c) In an emergency situation, the Board may direct immediate 
closures related to subsistence or non-subsistence uses of fish and 
wildlife on public lands, if necessary to assure the continued viability 
of a fish or wildlife population, or for public safety reasons. The 
Board shall publish notice and reasons justifying the emergency closure 
in the Federal Register and in newspapers of any area affected. The 
emergency closure shall be effective when directed by the Board, may not 
exceed 60 days, and may not be extended unless it is determined by the 
Board, after notice and hearing, that such closure should be extended.
    (d) The Board may make or direct a temporary change to open or 
adjust the seasons or to increase the bag limits for subsistence uses of 
fish and wildlife populations on public lands. An affected rural 
resident, community, Regional Council, or administrative agency may 
request a temporary change in seasons or bag limits. Prior to 
implementing a temporary change, the Board shall consult with the State, 
shall comply with the provisions of 5 U.S.C. 551-559 (Administrative 
Procedures Act or APA), and shall provide adequate notice and 
opportunity to comment. The length of any temporary change shall be 
confined to the minimum time period or bag limit determined by the Board 
to be necessary to satisfy subsistence uses. In addition, a temporary 
change may be made only after the Board determines that the proposed 
temporary change will not interfere with the conservation of healthy 
fish and wildlife populations. The decision of the Board shall be the 
final administrative action.
    (e) Regulations authorizing any individual agency to direct 
temporary or emergency closures on public lands

[[Page 208]]

managed by the agency remain unaffected by these regulations, which 
authorize the Board to make or direct restrictions, closures, or 
temporary changes for subsistence uses on public lands.
    (f) Taking fish and wildlife in violation of a restriction, or 
temporary change authorized by the Board is prohibited.



Sec. 242.20  Request for reconsideration.

    (a) Subparts C and D regulations published in the Federal Register 
are subject to requests for reconsideration.
    (b) Any aggrieved person may file a request for reconsideration with 
the Board.
    (c) To file a request for reconsideration, the requestor must notify 
the Board in writing within sixty (60) days of the effective date or 
date of publication of the notice, whichever is earliest, for which 
reconsideration is requested.
    (d) It is the responsibility of a requestor to provide the Board 
with sufficient narrative evidence and argument to show why the action 
by the Board should be reconsidered. The following information must be 
included in the request for reconsideration:
    (1) The requestor's name, and mailing address;
    (2) The action for which reconsideration is requested and the date 
of Federal Register publication of that action;
    (3) A detailed statement of how the requestor is adversely affected 
by the action;
    (4) A detailed statement of the facts of the dispute, the issues 
raised by the request, and specific references to any law, regulation, 
or policy that the requestor believes to be violated and the reason for 
such allegation;
    (5) A statement of how the requestor would like the action changed.
    (e) Upon receipt of a request for reconsideration, the Board shall 
transmit a copy of such request to any appropriate Regional Council for 
review and recommendation. The Board shall consider any Regional Council 
recommendations in making a final decision.
    (f) If the request is justified, the Board shall implement a final 
decision on a request for reconsideration after compliance with 5 U.S.C. 
551-559 (APA).
    (g) If the request is denied, the decision of the Board represents 
the final administrative action.



Sec. 242.21  [Reserved]



                     Subpart C--Board Determinations

    Source: 57 FR 22957, 22964, May 29, 1992, unless otherwise noted.



Sec. 242.22  Subsistence resource regions.

    (a) The following areas are hereby designated as subsistence 
resource regions:
    (1) Southeast Region,
    (2) Southcentral Region,
    (3) Kodiak/Aleutians Region,
    (4) Bristol Bay Region,
    (5) Yukon-Kuskokwim Delta Region,
    (6) Western Interior Region,
    (7) Seward Peninsula Region,
    (8) Northwest Arctic Region,
    (9) Eastern Interior Region,
    (10) North Slope Region.
    (b) Maps delineating the boundaries of subsistence resources regions 
are available from the U.S. Fish and Wildlife Service.



Sec. 242.23  Rural determinations.

    (a) All communities and areas have been determined by the Board to 
be rural in accordance with Sec. 242.15 except the following:
    Adak;
    Fairbanks North Star Borough;
    Homer area--including Homer, Anchor Point, Kachemak City, and Fritz 
Creek;
    Juneau area--including Juneau, West Juneau and Douglas;
    Kenai area--including Kenai, Soldotna, Sterling, Nikiski, Salamatof, 
Kalifornsky, Kasilof, and Clam Gulch;
    Ketchikan area--including Ketchikan City, Clover Pass, North Tongass 
Highway, Ketchikan East, Mountain Pass, Herring Cove, Saxman East, and 
parts of Pennock Island;
    Municipality of Anchorage;
    Seward area--including Seward and Moose Pass; Valdez; and,
    Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, Houston, 
and Bodenberg Butte.

[[Page 209]]

    (2) Maps delineating the boundaries of non-rural areas listed in 
paragraph (a)(1) are available from the U.S. Fish and Wildlife Service.
    (b) [Reserved]



Sec. 242.24  Customary and traditional use determinations.

    (a) Rural Alaska residents of the listed communities and areas have 
been determined to have customary and traditional subsistence use of the 
specified species on Federal public lands in the specified areas. When 
there is a determination for specific communities or areas of residence 
in a Unit, all other communities not listed for that species in that 
Unit have no Federal subsistence for that species in that Unit. If no 
determination has been made for a species in a Unit, all rural Alaska 
residents are eligible to harvest fish or wildlife under this part.

[[Page 210]]



----------------------------------------------------------------------------------------------------------------
                 Area                          Species                            Determination
----------------------------------------------------------------------------------------------------------------
                                           (1) Wildlife Determinations
----------------------------------------------------------------------------------------------------------------
Unit 1(C)............................  Black Bear.............  Residents of Unit 1(C), 1(D), 3, and residents
                                                                 of Hoonah, Pelican, Point Baker, Sitka, and
                                                                 Tenakee Springs.
1(A).................................  Brown Bear.............  *COM041*Residents of Unit 1(A) except no
                                                                 subsistence for residents of Hyder.
1(B).................................  Brown Bear.............  Residents of Unit 1(A), Petersburg, and
                                                                 Wrangell, except no subsistence for residents
                                                                 of Hyder.
1(C).................................  Brown Bear.............  Residents of Unit 1(C), Haines, Hoonah, Kake,
                                                                 Klukwan, Skagway, and Wrangell, except no
                                                                 subsistence for residents of Gustavus.
1(D).................................  Brown Bear.............  Residents of 1(D).
1(A).................................  Deer...................  Residents of 1(A) and 2.
1(B).................................  Deer...................  Residents of Unit 1(A), residents of 1(B), 2 and
                                                                 3.
1(C).................................  Deer...................  Residents of 1(C) and (D), and residents of
                                                                 Hoonah, Kake, and Petersburg.
1(D).................................  Deer...................  No Federal subsistence priority.
1(B).................................  Goat...................  Residents of Units 1(B) and 3.
1(C).................................  Goat...................  Residents of Haines, Kake, Klukwan, Petersburg,
                                                                 and Hoonah.
1(B).................................  Moose..................  Residents of Units 1, 2, 3, and 4.
1(C) Berner's Bay....................  Moose..................  No Federal subsistence priority.
1(D).................................  Moose..................  Residents of Unit 1(D).
Unit 2...............................  Brown Bear.............  No Federal subsistence priority.
2....................................  Deer...................  Residents of Unit 1(A) and residents of Units 2
                                                                 and 3.
Unit 3...............................  Deer...................  Residents of Unit 1(B) and 3, and residents of
                                                                 Port Alexander, Port Protection, Pt. Baker, and
                                                                 Meyer's Chuck.
3, Wrangell and Mitkof Islands.......  Moose..................  Residents of Units 1(B), 2, and 3.
Unit 4...............................  Brown Bear.............  Residents of Unit 4 and Kake.
4....................................  Deer...................  Residents of Unit 4 and residents of Kake,
                                                                 Gustavus, Haines, Petersburg, Pt. Baker,
                                                                 Klukwan, Port Protection, Wrangell, and
                                                                 Yakutat.
4....................................  Goat...................  Residents of Sitka, Hoonah, Tenakee, Pelican,
                                                                 Funter Bay, Angoon, Port Alexander, and Elfin
                                                                 Cove.
Unit 5...............................  Black Bear.............  Residents of Unit 5(A).
5....................................  Brown Bear.............  Residents of Yakutat.
5....................................  Deer...................  Residents of Yakutat.
5....................................  Goat...................  Residents of Unit 5(A)
5....................................  Moose..................  Residents of Unit 5(A).
5....................................  Wolf...................  Residents of Unit 5(A).
Unit 6(A)............................  Black Bear.............  Residents of Yakutat and residents of 6(C) and
                                                                 6(D), except no subsistence for Whittier.
6, Remainder.........................  Black Bear.............  Residents of Unit 6(C) and 6(D), except no
                                                                 subsistence for Whittier.
6....................................  Brown Bear.............  No Federal subsistence priority.
6(A).................................  Goat...................  Residents of Unit 5(A), 6(C), Chenega Bay and
                                                                 Tatilek.
6(C) and (D).........................  Goat...................  Residents of Unit 6(C) and (D).
6(A).................................  Moose..................  Unit 6(A)--Residents of Units 5(A), 6(A), 6(B)
                                                                 and 6(C).
6(B) and (C).........................  Moose..................  Residents of Units 6(A), 6(B) and 6(C).
6(D).................................  Moose..................  No Federal subsistence priority.
6(A).................................  Wolf...................  Residents of Units 5(A), 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chicaloon,
                                                                 and 16-26.
6, remainder.........................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 7...............................  Brown Bear.............  No Federal subsistence priority.
7....................................  Caribou................  No Federal subsistence priority.
7, Brown Mountain hunt area..........  Goat...................  Residents of Port Graham and English Bay.
7, that portion draining into Kings    Moose..................  Residents of Chenega Bay and Tatitlek.
 Bay.

[[Page 211]]

7, Remainder.........................  Moose..................  No Federal subsistence priority.
7....................................  Sheep..................  No Federal subsistence priority.
Unit 8...............................  Brown Bear.............  Residents of Old Harbor, Akhiok, Larsen Bay,
                                                                 Karluk, Ouzinkie, and Port Lions.
8....................................  Deer...................  Residents of Unit 8.
8....................................  Elk....................  Residents of Unit 8.
8....................................  Goat...................  No Federal subsistence priority.
Unit 9(D)............................  Bison..................  No Federal subsistence priority.
9(A) and (B).........................  Black Bear.............  Residents of Units 9(A) and (B), and 17(A), (B),
                                                                 and (C).
9(A).................................  Brown Bear.............  Residents of Pedro Bay.
9(B).................................  Brown Bear.............  Residents of Unit 9(B).
9(C) and (D).........................  Brown Bear.............  No Federal subsistence priority.
9(E).................................  Brown Bear.............  Residents of Chignik Lake, Egegik, Ivanof Bay,
                                                                 Perryville, and Port Heiden/Meshik.
9(A) and (B).........................  Caribou................  Residents of Units 9(B), 9(C) and 17.
9(C).................................  Caribou................  Residents of Unit 9(B), 9(C), 17 and residents
                                                                 of Egegik.
9(D).................................  Caribou................  Residents of Unit 9(D), and residents of False
                                                                 Pass.
9(E).................................  Caribou................  Residents of Units 9(B), (C), (E), 17, and
                                                                 residents of Nelson Lagoon and Sand Point.
9(A), (B), (C) and (E)...............  Moose..................  Residents of Unit 9(A), (B), (C) and (E).
9(D).................................  Moose..................  No Federal subsistence priority.
9(B).................................  Sheep..................  Residents of Iliamna, Newhalen, Nondalton, Pedro
                                                                 Bay, and Port Alsworth.
9, Remainder.........................  Sheep..................  No determination.
9....................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only(, 11-13 and the residents of Chickaloon
                                                                 and 16-26.
9(A), (B), (C), & (E)................  Beaver.................  Residents of Units 9(A), (B), (C), (E), and 17.
Unit 10 Unimak Island................  Caribou................  Residents of False Pass, King Cove, and Sand
                                                                 Point.
10, Remainder........................  Caribou................  No determination.
10...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 11..............................  Bison..................  No Federal subsistence priority.
11, north of the Sanford River.......  Black Bear.............  Residents of Chistochina, Chitina, Copper
                                                                 Center, Gakona, Glennallen, Gulkana, Kenny
                                                                 Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                 Units 11 and 12.
11, remainder........................  Black Bear.............  Residents of Chistochina, Chitina, Copper
                                                                 Center, Gakona, Glennallen, Gulkana, Kenny
                                                                 Lake, Mentasta Lake, Tazlina, Tonsina, and Unit
                                                                 11.
11, north of the Sanford River.......  Brown Bear.............  Residents of Chistochina, Chitina, Copper
                                                                 Center, Gakona, Glennallen, Gulkana, Kenny
                                                                 Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                 Units 11 and 12.
11, remainder........................  Brown Bear.............  Residents of Chistochina, Chitina, Copper
                                                                 Center, Gakona, Glennallen, Gulkana, Kenny
                                                                 Lake, Mentasta Lake, Tazlina, Tonsina, and Unit
                                                                 11.
11, north of the Sanford River.......  Caribou................  Residents of Units 11, 12, and 13 (A)-(D) and
                                                                 the residents of Chickaloon and Dot Lake.
11, remainder........................  Caribou................  Residents of Units 11 and 13 (A)-(D) and the
                                                                 residents of Chickaloon.
11...................................  Goat...................  Residents of Unit 11 and the residents of
                                                                 Chitina, Chistochina, Copper Center, Gakona,
                                                                 Glennallen, Gulkana, Mentasta Lake, Tazlina,
                                                                 Tonsina, and Dot Lake.
11, north of the Sanford River.......  Moose..................  Residents of Units 11, 12, and 13 (A)-(D) and
                                                                 the residents of Chickaloon and Dot Lake.
11, remainder........................  Moose..................  Residents of Unit 11 and Unit 13 (A) -(D) and
                                                                 the residents of Chickaloon.
11, north of the Sanford River.......  Sheep..................  Residents of Unit 12 and the communities and
                                                                 areas of Chistochina, Chitina, Copper Center,
                                                                 Dot Lake, Gakona, Glennallen, Gulkana, Kenny
                                                                 Lake, Mentasta Lake, Slana, McCarthy/South
                                                                 Wrangell/South Park, Tazlina and Tonsina;
                                                                 Residents along the Nabesna Road--Milepost 0-46
                                                                 (Nabesna Road), and residents along the
                                                                 McCarthy Road--Milepost 0-62 (McCarthy Road).
11, remainder 11.....................  Sheep..................  Residents of the communities and areas of
                                                                 Chisana, Chistochina, Chitina, Copper Center,
                                                                 Gakona, Glennallen, Gulkana, Kenny Lake,
                                                                 Mentasta Lake, Slana, McCarthy/South Wrangell/
                                                                 South Park, Tazlina and Tonsina; Residents
                                                                 along the Tok Cutoff--Milepost 79-110 (Mentasta
                                                                 Pass), residents along the Nabesna Road--
                                                                 Milepost 0-46 (Nabesna Road), and residents
                                                                 along the McCarthy Road--Milepost 0-62
                                                                 (McCarthy Road).
11...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.

[[Page 212]]

11...................................  Grouse (Spruce, Blue,    Residents of Units 11, 12, 13 and the residents
                                        Ruffed and Sharp-        of Chickaloon, 15, 16, 20(D), 22 and 23.
                                        tailed).
11...................................  Ptarmigan (Rock, Willow  Residents of Units 11, 12, 13 and the residents
                                        and White-tailed).       of Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 12..............................  Brown Bear.............  Residents of Unit 12 and Dot Lake, Chistochina,
                                                                 Gakona, Mentasta Lake, and Slana.
12...................................  Caribou................  Residents of Unit 12 and residents of Dot Lake,
                                                                 Healy Lake, and Mentasta Lake.
12, South of a line from Noyes         Moose..................  Residents of Unit 11 north of 62nd parallel
 Mountain, southeast of the                                      (excluding North Slana Homestead and South
 confluence of Tatschunda Creek to                               Slana Homestead); and residents of Unit 12,
 Nabesna River.                                                  13(A)-(D) and the residents of Chickaloon, Dot
                                                                 Lake, and Healy Lake.
12, East of the Nabesna River and      Moose..................  Residents of Unit 12 and Healy Lake.
 Nabesna Glacier, south of the Winter
 Trail from Pickerel Lake to the
 Canadian Border.
12, Remainder........................  Moose..................  Residents of Unit 12 and residents of Dot Lake,
                                                                 Healy Lake, and Mentasta Lake.
12...................................  Sheep..................  Residents of Unit 12 and residents of
                                                                 Chistochina, Dot Lake, Healy Lake, and Mentasta
                                                                 Lake.
12...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 13..............................  Brown Bear.............  Residents of Unit 13.
13(B)................................  Caribou................  Residents of Units 11, 12 (along the Nabesna
                                                                 Road), 13, residents of Unit 20(D) except Fort
                                                                 Greely, and the residents of Chickaloon.
13(C)................................  Caribou................  Residents of Units 11, 12 (along the Nabesna
                                                                 Road), 13, and the residents of Chickaloon, Dot
                                                                 Lake and Healy Lake.
13(A) & (D)..........................  Caribou................  Residents of Units 11, 12 (along the Nabesna
                                                                 Road), 13, and the residents of Chickaloon.
13(E)................................  Caribou................  Residents of Units 11, 12 (along the Nabesna
                                                                 Road), 13, and the residents of Chickaloon,
                                                                 McKinley Village, and the area along the Parks
                                                                 Highway between milepost 216 and 239 (except no
                                                                 subsistence for residents of Denali National
                                                                 Park headquarters).
13(D)................................  Goat...................  No Federal subsistence priority.
13(A), (B), and (D)..................  Moose..................  Residents of Unit 13 and the residents of
                                                                 Chickaloon.
13(C)................................  Moose..................  Residents of Units 12, 13 and the residents of
                                                                 Chickaloon and Dot Lake.
13(E)................................  Moose..................  Residents of Unit 13 and the residents of
                                                                 Chickaloon and of McKinley Village, and the
                                                                 area along the Parks Highway between milepost
                                                                 216 and 239 (except no subsistence for
                                                                 residents of Denali National Park
                                                                 headquarters).
13(D)................................  Sheep..................  No Federal subsistence priority.
13...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon,
                                                                 and 16-26.
13...................................  Grouse (Spruce, Blue,    Residents of Units 11, 13 and the residents of
                                        Ruffed & Sharp-tailed).  Chickaloon, 15, 16, 20(D), 22 & 23.
13...................................  Ptarmigan (Rock, Willow  Residents of Units 11, 13 and the residents of
                                        and White-tailed).       Chickaloon, 15, 16, 20(D), 22 & 23.
Unit 14(B) and (C)...................  Brown Bear.............  No Federal subsistence priority.
14...................................  Goat...................  No Federal subsistence priority.
14...................................  Moose..................  No Federal subsistence priority.
14(A) and (C)........................  Sheep..................  No Federal subsistence priority.
Unit 15(C)...........................  Black Bear.............  Residents of Port Graham and Nanwalek only.
15, Remainder........................  Black Bear.............  No Federal subsistence priority.
15...................................  Brown Bear.............  No Federal subsistence priority.
15(C), Port Graham and English Bay     Goat...................  Residents of Port Graham and Nanwalek.
 hunt areas.
15(C), Seldovia hunt area............  Goat...................  Residents Seldovia area.
15...................................  Moose..................  Residents of Ninilchik, Nanwalek, Port Graham,
                                                                 and Seldovia.
15...................................  Sheep..................  No Federal subsistence priority.

[[Page 213]]

15...................................  Ptarmigan (Rock, Willow  Residents of Unit 15.
                                        and White-tailed).
15...................................  Grouse (Spruce)........  Residents of Unit 15.
15...................................  Grouse (Ruffed)........  No Federal subsistence priority.
Unit 16(B)...........................  Black Bear.............  Residents of Unit 16(B).
16...................................  Brown Bear.............  No Federal subsistence priority.
16(A)................................  Moose..................  No Federal subsistence priority.
16(B)................................  Moose..................  Residents of Unit 16(B).
16...................................  Sheep..................  No Federal subsistence priority.
16...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon,
                                                                 and 16-26.
16...................................  Grouse (Spruce, Blue,    Residents of Units 11, 13 and the residents of
                                        Ruffed and Sharp-        Chickaloon, 15, 16, 20(D), 22 and 23.
                                        tailed).
16...................................  Ptarmigan (Rock, Willow  Residents of Units 11, 13 and the residents of
                                        and White-tailed).       Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 17(A) and that portion of 17(B)   Black Bear.............  Residents of Units 9(A) and (B), 17, and
 draining into Nuyakuk Lake and                                  residents of Akaik and Akiachak.
 Tikchik Lake.
17, remainder........................  Black Bear.............  Residents of Units 9(A) and (B), and 17.
17(A)................................  Brown Bear.............  Residents of Unit 17, and residents of Akiak,
                                                                 Akiachak, Goodnews Bay and Platinum.
17(A) and (B) Those portions north     Brown Bear.............  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the northern
 point of Nuyakuk Lake, northeast to
 the point where the Unit 17 boundary
 intersects the Shotgun Hills.
17(B), that portion draining into      Brown Bear.............  Residents of Akaik and Akiachak.
 Nuyakuk Lake and Tikchik Lake.
17(B) and (C)........................  Brown Bear.............  Residents of Unit 17.
17...................................  Caribou................  Residents of Units 9(B), 17 and residents of
                                                                 Lime Village and Stony River.
17(A) and (B) Those portions north     Caribou................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the northern
 point of Nuyakuk Lake, northeast to
 the point where the Unit 17 boundary
 intersects the Shotgun Hills.
17(A) and (B) Those portions north     Moose..................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the northern
 point of Nuyakuk Lake, northeast to
 the point where the Unit 17 boundary
 intersects the Shotgun Hills.
17(A)................................  Moose..................  Residents of Unit 17 and residents of Goodnews
                                                                 Bay and Platinum; however, no subsistence for
                                                                 residents of Akiachak, Akiak and Quinhagak.
17(B) and (C)........................  Moose..................  Residents of Unit 17, and residents of
                                                                 Nondalton, Levelock, Goodnews Bay and Platinum.
17...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon,
                                                                 and 16-26.
17...................................  Beaver.................  Residents of Units 9(A), (B), (C), (E), and 17.
Unit 18..............................  Black Bear.............  Residents of Unit 18, residents of Unit 19(A)
                                                                 living downstream of the Holokuk River, and
                                                                 residents of Holy Cross, Stebbins, St. Michael,
                                                                 Twin Hills, and Togiak.
18...................................  Brown Bear.............  Residents of Akiachak, Akiak, Eek, Goodnews Bay,
                                                                 Kwethluk, Mt. Village, Napaskiak, Platinum,
                                                                 Quinhagak, St. Mary's, and Tuluksak.

[[Page 214]]

18...................................  Caribou (Kilbuck         INTERIM DETERMINATION BY FEDERAL SUBSISTENCE
                                        caribou herd only).      BOARD (12/18/91): residents of Tuluksak, Akiak,
                                                                 Akiachak, Kwethluk, Bethel, Oscarville,
                                                                 Napaskiak, Napakiak, Kasigluk, Atmanthluak,
                                                                 Nunapitchuk, Tuntutliak, Eek, Quinhagak,
                                                                 Goodnews Bay, Platinum, Togiak, and Twin Hills.
18 North of the Yukon River..........  Caribou (except Kilbuck  Residents of Alakanuk, Andreafsky, Chevak,
                                        caribou herd).           Emmonak, Hooper Bay, Kotlik, Kwethluk,
                                                                 Marshall, Mountain Village, Pilot Station,
                                                                 Pitka's Point, Russian Mission, St. Mary's, St.
                                                                 Michael, Scammon Bay, Sheldon Point, and
                                                                 Stebbins.
18, Remainder........................  Caribou (except Kilbuck  Residents of Kwethluk.
                                        caribou herd).
18, that portion of the Yukon River    Moose..................  Residents of Unit 18 and residents of Upper
 drainage upstream of Russian Mission                            Kalskag, Lower Kalskag, Aniak, and Chuathbaluk.
 and that portion of the Kuskokwim
 River drainage upstream of, but not
 including the Tuluksak River
 drainage.
18, remainder........................  Moose..................  Residents of Unit 18 and residents of Upper
                                                                 Kalskag and Lower Kalskag.
18...................................  Muskox.................  No Federal subsistence priority.
18...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 19(C),(D).......................  Bison..................  No Federal subsistence priority.
19(A) and (B)........................  Brown Bear.............  Residents of Unit 19 and 18 within the Kuskokwim
                                                                 River drainage upstream from, and including,
                                                                 the Johnson River.
19(C)................................  Brown Bear.............  No Federal subsistence priority.
19(D)................................  Brown Bear.............  Residents of Unit 19(A) and (D), and residents
                                                                 of Tulusak and Lower Kalskag.
19(A) and (B)........................  Caribou................  Residents of Units 19(A) and 19(B), residents of
                                                                 Unit 18 within the Kuskokwim River drainage
                                                                 upstream from, and including, the Johnson
                                                                 River, and residents of St. Marys, Marshall,
                                                                 Pilot Station, Russian Mission.
19(C)................................  Caribou................  Residents of Unit 19(C), and residents of Lime
                                                                 Village, McGrath, Nikolai, and Telida.
19(D)................................  Caribou................  Residents of Unit 19(D), and residents of Lime
                                                                 Village, Sleetmute and Stony River.
19(A) and (B)........................  Moose..................  Residents of Unit 18 within Kuskokwim River
                                                                 drainage upstream from and including the
                                                                 Johnson River, and Unit 19.
19(C)................................  Moose..................  Residents of Unit 19.
19(D)................................  Moose..................  Residents of Unit 19 and residents of Lake
                                                                 Minchumina.
19...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 20(D)...........................  Bison..................  No Federal subsistence priority.
20(F)................................  Black Bear.............  Residents of Unit 20(F)and residents of Stevens
                                                                 Village and Manley.
20(E)................................  Brown Bear.............  Residents of Unit 12 and Dot Lake.
20(F)................................  Brown Bear.............  Residents of Unit 20(F)and residents of Stevens
                                                                 Village and Manley.
20(A)................................  Caribou................  Residents of Cantwell, Nenana, and those
                                                                 domiciled between milepost 216 and 239 of the
                                                                 Parks Highway. No subsistence priority for
                                                                 residents of households of the Denali National
                                                                 Park Headquarters.
20(B)................................  Caribou................  Residents of Unit 20(B), Nenana, and Tanana.
20(C)................................  Caribou................  Residents of Unit 20(C) living east of the
                                                                 Teklanika River, residents of Cantwell, Lake
                                                                 Minchumina, Manley Hot Springs, Minto, Nenena,
                                                                 Nikolai, Tanana, Talida, and those domiciled
                                                                 between milepost 216 and 239 of the Parks
                                                                 Highway and between milepost 300 and 309. No
                                                                 subsistence priority for residents of
                                                                 households of the Denali National Park
                                                                 Headquarters.
20(D) and (E)........................  Caribou................  Residents of 20(D), 20(E) and Unit 12 north of
                                                                 the Wrangell-St. Elias National Park and
                                                                 Preserve.
20(F)................................  Caribou................  Residents of 20(F), 25(D), and Manley.
20(A)................................  Moose..................  Residents of Cantwell, Minto, and Nenana,
                                                                 McKinley Village, the area along the Parks
                                                                 Highway between mileposts 216 and 239, except
                                                                 no subsistence for residents of households of
                                                                 the Denali National Park Headquarters.
20(B)................................  Moose..................  Minto Flats Management Area--residents of Minto
                                                                 and Nenana.
20(B)................................  Moose..................  Remainder--residents of Unit 20(B), and
                                                                 residents of Nenana and Tanana.

[[Page 215]]

20(C)................................  Moose..................  Residents of Unit 20(C) (except that portion
                                                                 within Denali National Park and Preserve and
                                                                 that portion east of the Teklanika River), and
                                                                 residents of Cantwell, Manley, Minto, Nenana,
                                                                 the Parks Highway from milepost 300-309,
                                                                 Nikolai, Tanana, Telida, McKinley Village, and
                                                                 the area along the Parks Highway between
                                                                 mileposts 216 and 239. No subsistence for
                                                                 residents of households of the Denali National
                                                                 Park Headquarters.
20(D)................................  Moose..................  Residents of Unit 20(D) and residents of
                                                                 Tanacross.
20(F)................................  Moose..................  Residents of Unit 20(F), Manley, Minto and
                                                                 Stevens Village.
20(F)................................  Wolf...................  Residents of Unit 20(F), and residents of
                                                                 Stevens Village and Manley.
20, remainder........................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
20(D)................................  Grouse, (Spruce, Blue,   Residents of Units 11, 13 and the residents of
                                        Ruffed and Sharp-        Chickaloon, 15, 16, 20(D), 22 and 23.
                                        tailed).
20(D)................................  Ptarmigan (Rock, Willow  Residents of Units 11, 13 and the residents of
                                        and White-tailed).       Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 21..............................  Brown Bear.............  Residents of Unit 21 and 23.
21(A)................................  Caribou................  Residents of Unit 21(A), 21(D), 21(E) and Aniak,
                                                                 Chuathbaluk, Crooked Creek, McGrath, and
                                                                 Takotna.
21(B) & (C)..........................  Caribou................  Residents of Unit 21(B), 21(C), 21(D), and
                                                                 Tanana.
21(D)................................  Caribou................  Residents of Unit 21(B), 21(C), 21(D), and
                                                                 Huslia.
21(E)................................  Caribou................  Residents of Unit 21(A), 21(E) and Aniak,
                                                                 Chuathbaluk, Crooked Creek, McGrath, and
                                                                 Takotna.
21(A)................................  Moose..................  Residents of Unit 21(A), (E), Takotna, McGrath,
                                                                 Aniak and Crooked Creek.
21(B) and (C)........................  Moose..................  Residents of Unit 21(B) and (C), residents of
                                                                 Tanana, Ruby, and Galena.
21(D)................................  Moose..................  Residents of Unit 21(D), and residents of Huslia
                                                                 and Ruby.
21(E)................................  Moose..................  Residents of Unit 21(E) and residents of Russian
                                                                 Mission.
21...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon,
                                                                 and 16-26.
Unit 22(A)...........................  Black Bear.............  Residents of Unit 22(A) and Koyuk.
22(B)................................  Black Bear.............  Residents of Unit 22(B).
22(C), (D), and (E)..................  Black Bear.............  No Federal subsistence priority.
22...................................  Brown Bear.............  Residents of Unit 22.
22(A)................................  Caribou................  Residents of Unit 21(D) west of the Koyukuk and
                                                                 Yukon Rivers, and residents of Units 22 (except
                                                                 residents of St. Lawrence Island), 23, 24, and
                                                                 residents of Kotlik, Emmonak, Hooper Bay,
                                                                 Scammon Bay, Chevak, Marshall, Mountain
                                                                 Village, Pilot Station, Pitka's Point, Russian
                                                                 Mission, St. Mary's, Sheldon Point, and
                                                                 Alakanuk.
22, Remainder........................  Caribou................  Residents of Unit 21(D) west of the Koyukuk and
                                                                 Yukon Rivers, and residents of Units 22 (except
                                                                 residents of St. Lawrence Island), 23, 24.
22...................................  Moose..................  Residents of Unit 22.
22(B)................................  Muskox.................  Residents of Unit 22(B).
22(C)................................  Muskox.................  Residents of Unit 22(C).
22(D)................................  Muskox.................  Residents of Unit 22(D) excluding St. Lawrence
                                                                 Island.
22(E)................................  Muskox.................  Residents of Unit 22(E) excluding Little Diomede
                                                                 Island.
22...................................  Wolf...................  Residents of Units 23, 22, 21(D) north and west
                                                                 of the Yukon River, and residents of Kotlik.
22...................................  Grouse (Spruce, Blue,    Residents of Units 11, 13 and the residents of
                                        Ruffed and Sharp-        Chickaloon, 15, 16, 20(D), 22 and 23.
                                        tailed).
22...................................  Ptarmigan (Rock, Willow  Residents of Units 11, 13 and the residents of
                                        and White-tailed).       Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 23..............................  Black Bear.............  Residents of Unit 23, Alatna, Allakaket,
                                                                 Bettles, Evansville, Galena, Hughes, Huslia,
                                                                 and Koyukuk.
23...................................  Brown Bear.............  Residents of Units 21 and 23.
23...................................  Caribou................  Residents of Unit 21(D) west of the Koyukuk and
                                                                 Yukon Rivers, residents of Galena, and
                                                                 residents of Units 22, 23, 24 including
                                                                 residents of Wiseman but not including other
                                                                 residents of the Dalton Highway Corridor
                                                                 Management Area, and 26(A).

[[Page 216]]

23...................................  Moose..................  Residents of Unit 23.
23 South of Kotzebue Sound and west    Muskox.................  Residents of Unit 23 South of Kotzebue Sound and
 of and including the Buckland River                             west of and including the Buckland River
 drainage.                                                       drainage.
23, Remainder........................  Muskox.................  Residents of Unit 23 east and north of the
                                                                 Buckland River drainage.
23...................................  Sheep..................  Residents of Point Lay and Unit 23 north of the
                                                                 Arctic Circle.
23...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon,
                                                                 and 16-26.
23...................................  Grouse (Spruce, Blue,    Residents of Units 11, 13 and the residents of
                                        Ruffed and Sharp-        Chickaloon, 15, 16, 20(D), 22 and 23.
                                        tailed).
23...................................  Ptarmigan (Rock, Willow  Residents of Units 11, 13 and the residents of
                                        and White-tailed).       Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 24, that portion south of         Black Bear.............  Residents of Stevens Village and residents of
 Caribou Mountain, and within the                                Unit 24 and Wiseman, but not including any
 public lands composing or                                       other residents of the Dalton Highway Corridor
 immediately adjacent to the Dalton                              Management Area.
 Highway Corridor Management Area.
24, remainder........................  Black Bear.............  Residents of Unit 24 and Wiseman, but not
                                                                 including any other residents of the Dalton
                                                                 Highway Corridor Management Area.
24, that portion south of Caribou      Brown Bear.............  Residents of Stevens Village and residents of
 Mountain, and within the public                                 Unit 24 and Wiseman, but not including any
 lands composing or immediately                                  other residents of the Dalton Highway Corridor
 adjacent to the Dalton Highway                                  Management Area.
 Corridor Management Area.
24, remainder........................  Brown Bear.............  Residents of Unit 24 including Wiseman, but not
                                                                 including any other residents of the Dalton
                                                                 Highway Corridor Management Area.
24...................................  Caribou................  Residents of Unit 24 including Wiseman, but not
                                                                 including any other residents of the Dalton
                                                                 Highway Corridor Management Area; residents of
                                                                 Galena, Kobuk, Koyukuk, Stevens Village, and
                                                                 Tanana.
24...................................  Moose..................  Residents of Unit 24, and residents of Koyukuk
                                                                 and Galena.
24...................................  Sheep..................  Residents of Unit 24 residing north of the
                                                                 Arctic Circle and residents of Allakaket,
                                                                 Alatna, Hughes, and Huslia.
24...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 25(D)...........................  Black Bear.............  Residents of Unit 25(D).
25(D)................................  Brown Bear.............  Residents of Unit 25(D).
25, remainder........................  Brown Bear.............  No Federal subsistence priority.
25(D)................................  Caribou................  Residents of 29(F), 25(D), and Manley.
25(A)................................  Moose..................  Residents of Unit 25(A) and 25(D).
25(D) West...........................  Moose..................  Residents of Beaver, Birch Creek and Stevens
                                                                 Village.
25(D), Remainder.....................  Moose..................  Residents of Remainder of Unit 25.
25(A)................................  Sheep..................  Residents of Arctic Village, Chalkytsik, Fort
                                                                 Yukon, Kaktovik and Venetie.
25(B) and (C)........................  Sheep..................  No Federal subsistence priority.
25(D)................................  Wolf...................  Residents of Unit 25(D).
25, remainder........................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
Unit 26..............................  Brown Bear.............  Residents of Unit 26 (except the Prudhoe Bay-
                                                                 Deadhorse Industrial Complex) and residents of
                                                                 Anaktuvuk Pass and Point Hope.
26(A)................................  Caribou................  Residents of Unit 26 and the residents of
                                                                 Anaktuvuk Pass and Point Hope.
26(B)................................  Caribou................  Residents of Unit 26 and the residents of
                                                                 Anaktuvuk Pass, Point Hope, and Wiseman.
26(C)................................  Caribou................  Residents of Unit 26 and the residents of
                                                                 Anaktuvuk Pass and Point Hope.
26...................................  Moose..................  Residents of Unit 26, (except the Prudhoe Bay-
                                                                 Deadhorse Industrial Complex), and residents of
                                                                 Point Hope and Anaktuvuk Pass.
26(A)................................  Muskox.................  Residents of Anaktuvuk Pass, Atqasuk, Barrow,
                                                                 Nuiqsut, Point Hope, Point Lay, and Wainwright.
26(B)................................  Muskox.................  Residents of Anaktuvuk Pass, Nuiqsut, and
                                                                 Kaktovik.

[[Page 217]]

26(C)................................  Muskox.................  Residents of Kaktovik.
26(A)................................  Sheep..................  Residents of Unit 26, Anaktuvuk Pass, and Point
                                                                 Hope.
26(B)................................  Sheep..................  Residents of Unit 26, Anaktuvuk Pass, Point
                                                                 Hope, and Wiseman.
26(C)................................  Sheep..................  Residents of Unit 26, Anaktuvuk Pass, Arctic
                                                                 Village, Chalkytsik, Fort Yukon, Point Hope,
                                                                 and Venetie.
26...................................  Wolf...................  Residents of Units 6, 9, 10 (Unimak Island
                                                                 only), 11-13 and the residents of Chickaloon
                                                                 and 16-26.
----------------------------------------------------------------------------------------------------------------
                                      (2) Fish and Shellfish Determinations
----------------------------------------------------------------------------------------------------------------
KOTZEBUE-NORTHERN AREA--Northern       All finfish............  Residents of the Northern District, except for
 District.                                                       those domiciled in State of Alaska Unit 26-B.
Kotzebue District....................  Salmon, sheefish, char.  Residents of the Kotzebue District.
NORTON SOUND--PORT CLARENCE AREA.....  Salmon.................  Residents of the Norton Sound-Port Clarence
                                                                 Area.
YUKON AREA...........................  Salmon.................  Residents of the Yukon Area, including the
                                                                 community of Stebbins.
                                       Yukon River Fall chum    Residents of the Yukon River drainage, including
                                        salmon.                  the communities of Stebbins, Scammon Bay,
                                                                 Hooper Bay, and Chevak.
                                       Freshwater fish          Residents of the Yukon Area.
                                        species, including
                                        sheefish, whitefish,
                                        lamprey, burbot,
                                        sucker, grayling,
                                        pike, char, and
                                        blackfish.
KUSKOKWIM AREA.......................  Salmon.................  Residents of the Kuskokwim Area, except those
                                                                 persons residing on the United States military
                                                                 installation located on Cape Newenham,
                                                                 Sparevohn USAFB, and Tatalina USAFB.
                                       Rainbow trout..........  Residents of the communities of Quinhagak,
                                                                 Goodnews Bay, Kwethluk, Eek, Akiak, and
                                                                 Platinum.
                                       Pacific cod............  Residents of the communities of Chevak, Newtok,
                                                                 Tununak, Toksook Bay, Nightmute, Chefornak,
                                                                 Kipnuk, Mekoryuk, Kwigillingok, Kongiganak,
                                                                 Eek, and Tuntutuliak.
Waters adjacent to the western-most    Herring and herring roe  Residents within 20 miles of the coast between
 tip of the Naskonant Peninsula and                              the westernmost tip of the Naskonant Peninsula
 the terminus of the Ishowik River                               and the terminus of the Ishowik River and on
 and around Nunivak Island.                                      Nunivak Island.
BRISTOL BAY AREA--Nushagak District,   Salmon.................  Residents of the Nushagak District and
 including drainages flowing into the                            freshwater drainages flowing into the district.
 district.
Naknek-Kvichek District--Naknek River  Salmon.................  Residents of the Naknek and Kvichak River
 drainage.                                                       drainages.
Naknek-Kvichek District--Iliamna-Lake  Salmon.................  Residents of the Iliamna-Lake Clark drainage.
 Clark drainage.
Togiak District, including drainages   Salmon and other         Residents of the Togiak District, freshwater
 flowing into the district.             freshwater finfish.      drainages flowing into the district, and the
                                                                 community of Manokotak.
KODIAK AREA--except the Mainland       Salmon.................  Residents of the Kodiak Island Borough, except
 District, which is all waters along                             those residing on the Kodiak Coast Guard Base.
 the southside of the Alaska
 Peninsula bounded by the latitude of
 Cape Douglas (58 deg. 52' North
 latitude) mid-stream Shelikof
 Strait, and west of the longitude of
 the southern entrance of Imuya Bay
 near Kilokak Rocks (57 deg.11'22'
 North latitude, 156 deg.20'30' W
 longitude).
KODIAK AREA--except the Semidi         King crab..............  Residents of the Kodiak Island Borough except
 Island, the North Mainland, and the                             those residents on the Kodiak Coast Guard base.
 South Mainland Sections
COOK INLET AREA--Port Graham           Dolly Varden...........  Residents of Port Graham and English Bay.
 Subdistrict.
Port Graham Subdistrict and            Salmon.................  Residents of Port Graham and English Bay.
 Koyuktolik Subdistrict.
Tyonek Subdistrict...................  Salmon.................  Residents of the village of Tyonek.
PRINCE WILLIAM SOUND AREA--South-      Salmon.................  Residents of the Southwestern District which is
 Western District and Green Island.                              mainland waters from the outer point on the
                                                                 north shore of Granite Bay to Cape Fairfield,
                                                                 and Knight Island, Chenega Island, Bainbridge
                                                                 Island, Evans Island, Elrington Island,
                                                                 Latouche Island and adjacent islands.

[[Page 218]]

PRINCE WILLIAM SOUND AREA--North of a  Salmon.................  Residents of the villages of Tatitlek and
 line from Porcupine Point to Granite                            Ellamar.
 Point, and south of a line from
 Point Lowe to Tongue Point.
YAKUTAT AREA--Freshwater upstream      Salmon.................  Residents of the area east of Yakutat Bay,
 from the terminus of streams and                                including the islands within Yakutat Bay, west
 rivers of the Yakutat Area from the                             of the Situk River drainage, and south of and
 Doame River to the Tsiu River.                                  including Knight Island.
Freshwater upstream from the terminus  Dolly Varden char,       Residents of the area east of Yakutat Bay,
 of streams and rivers of the Yakutat   steelhead trout, and     including the islands within Yakutat Bay, west
 Area from the Doame River to Point     smelt.                   of the Situk River drainage, and south of and
 Manby.                                                          including Knight Island.
SOUTH-EASTERN ALASKA AREA--District    Salmon and Dolly Varden  Residents of the City of Saxman.
 1--Section 1-E in waters of the Naha   char.
 River and Roosevelt Lagoon.
District 1--Section 1-F in Boca de     Salmon and Dolly Varden  Residents of the City of Saxman.
 Quadra in waters of Sockeye Creek      char.
 and Hugh Smith Lake within 500 yards
 of the terminus of Sockeye Creek
District 2--North of the latitude of   Salmon and Dolly Varden  Residents of the City of Kasaan and in the
 the northern-most tip of Chasina       char.                    drainage of the southeastern shore of the
 Point and west of a line from the                               Kasaan Peninsula west of 132 deg. 20' W. long.
 northern-most tip of Chasina Point                              and east of 132 deg. 25' W. long.
 to the eastern-most tip of Grindall
 Island to the eastern-most tip of
 the Kasaan Peninsula
District 3--Section 3-A..............  Salmon and Dolly Varden  Residents of the townsite of Hydaburg.
                                        char.
District 3--Section 3-B in waters      Salmon, Dolly Varden     Residents of the City of Klawock and on Prince
 east of a line from Point Ildefonso    char, and steelhead      of Wales Island within the boundaries of the
 to Tranquil Point.                     trout.                   Klawock Heenya Corporation land holdings as
                                                                 they exist in January 1989, and those residents
                                                                 of the City of Craig and on Prince of Wales
                                                                 Island within the boundaries of the Shan Seet
                                                                 Corporation land holdings as they exist in
                                                                 January 1989.
District 3--Section 3-C in waters of   Salmon, Dolly Varden     Residents of the City of Klawock and on Prince
 Sarkar Lakes.                          char, and steelhead      of Wales Island within the boundaries of the
                                        trout.                   Klawock Heenya Corporation land holdings as
                                                                 they exist in January 1989, and those residents
                                                                 of the City of Craig and on Prince of Wales
                                                                 Island within the boundaries of the Shan Seet
                                                                 Corporation land holdings as they exist in
                                                                 January 1989.
District 5--North of a line from       Salmon and Dolly Varden  Residents of the City of Kake and in Kupreanof
 Point Barrie to Boulder Point.         char.                    Island drainages emptying into Keku Strait
                                                                 south of Point White and north of the Portage
                                                                 Bay boat harbor.
District 9--Section 9-A..............  Salmon and Dolly Varden  Residents of the City of Kake and in Kupreanof
                                        char.                    Island drainages emptying into Keku Strait
                                                                 south of Point White and north of the Portage
                                                                 Bay boat harbor.
District 9--Section 9-B north of the   Salmon and Dolly Varden  Residents of the City of Kake and in Kupreanof
 latitude of Swain Point.               char.                    Island drainages emptying into Keku Strait
                                                                 south of Point White and north of the Portage
                                                                 Bay boat harbor.
District 10--West of a line from       Salmon and Dolly Varden  Residents of the City of Kake and in Kupreanof
 Pinta Point to False Point Pybus.      char.                    Island drainages emptying into Keku Strait
                                                                 south of Point White and north of the Portage
                                                                 Bay boat harbor.
District 12--South of a line from      Salmon and Dolly Varden  Residents of the City of Angoon and along the
 Fishery Point to south Passage Point   char.                    western shore of Admiralty Island north of the
 and north of the latitude of Point                              latitude of Sand Island, south of the latitude
 Caution.                                                        of Thayer Creek, and west of 134 deg. 30' W.
                                                                 long., including Killisnoo Island.
District 13--Section 13-A south of     Sockeye salmon.........  Residents of the City and Borough of Sitka in
 the latitude of Cape Edward.                                    drainages which empty into Section 13-B north
                                                                 of the latitude of Dorothy Narrows.
District 13--Section 13-B north of     Sockeye salmon.........  Residents of the City and Borough of Sitka in
 the latitude of Redfish Cape.                                   drainages which empty into Section 13-B north
                                                                 of the latitude of Dorothy Narrows.
District 13--Section 13-C............  Sockeye salmon.........  Residents of the City and Borough of Sitka in
                                                                 drainages which empty into Section 13-B north
                                                                 of the latitude of Dorothy Narrows.

[[Page 219]]

District 13--Section 13-C east of the  Salmon and Dolly Varden  Residents of the City of Angoon and along the
 longitude of Point Elizabeth.          char.                    western shore of Admiralty Island north of the
                                                                 latitude of Sand Island, south of the latitude
                                                                 of Thayer Creek, and west of 134 deg. 30' W.
                                                                 long., including Killisnoo Island.
District 14--Section 14-B and 14-C...  Salmon smelt and Dolly   Residents of the City of Hoonah and in Chichagof
                                        Varden char.             Island drainages on the eastern shore of Port
                                                                 Frederick from Gartina Creek to Point Sophia.
District 15--Chilkat and Chilkoot      Salmon and smelt.......  Residents west of the Haines highway between
 Rivers.                                                         Mile 20 and Mile 24 and east of the Chilkat
                                                                 River, but not elsewhere in Klukwan; and, those
                                                                 residents of other areas of the city and
                                                                 borough of Haines, excluding residents in the
                                                                 drainage of Excursion Inlet. Hai of Haines,
                                                                 excluding residents in the drainage of
                                                                 Excursion Inlet.

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----------------------------------------------------------------------------------------------------------------

    (b) [Reserved]
[63 FR 35336, June 29, 1998]



           Subpart D--Subsistence Taking of Fish and Wildlife



Sec. 242.25  Subsistence taking of wildlife.

    (a) Definitions. The following definitions shall apply to all 
regulations contained in this section:
    ADF&G means the Alaska Department of Fish and Game.
    Aircraft means any kind of airplane, glider, or other device used to 
transport people or equipment through the air, excluding helicopters.
    Airport means an airport listed in the Federal Aviation 
Administration, Alaska Airman's Guide and chart supplement.
    Animal means those species with a vertebral column (backbone).
    Antler means one or more solid, horn-like appendages protruding from 
the head of a caribou, deer, or moose.
    Antlered means any caribou, deer, or moose having at least one 
visible antler.
    Antlerless means any caribou, deer, or moose not having visible 
antlers attached to the skull.
    Bear means black bear, or brown or grizzly bear.
    Bow means a longbow, recurve bow, or compound bow, excluding a 
crossbow, or any bow equipped with a mechanical device that holds arrows 
at full draw.
    Broadhead means an arrowhead that is not barbed and has two or more 
steel cutting edges having a minimum cutting diameter of not less than 
seven-eighths inch.
    Brow tine means a tine on the front portion of a moose antler, 
typically projecting forward from the base of the antler toward the 
nose.
    Buck means any male deer.
    Bull means any male moose, caribou, or musk oxen.
    Closed season means the time when wildlife may not be taken.
    Cub bear means a brown or grizzly bear in its first or second year 
of life, or a black bear (including cinnamon and blue phases) in its 
first year of life.
    Designated hunter means a Federally qualified, licensed hunter who 
may take all or a portion of another Federally qualified, licensed 
hunter's harvest limit(s) only under situations approved by the Board.
    Edible meat means the breast meat of ptarmigan and grouse, and, 
those parts of black bear, brown and grizzly bear, caribou, deer, 
mountain goat, moose, musk oxen, and Dall sheep that are typically used 
for human consumption which are: the meat of the ribs, neck, brisket, 
front quarters as far as the juncture of the humerus and radius-ulna 
(elbow), hindquarters as far as the distal joint (bottom) of the tibia-
fibula (hock) and that portion of the animal between the front and 
hindquarters; however, edible meat of species listed above does not 
include: meat of the head, meat that has been damaged and made inedible 
by the method of taking, bones, sinew, and incidental meat reasonably 
lost as a result of boning or close trimming of the bones, or viscera.
    Federally-qualified subsistence user means a rural Alaska resident 
qualified to harvest fish or wildlife on Federal public lands in 
accordance with the Federal Subsistence Management Regulations in this 
part.
    Fifty-inch (50-inch) moose means a bull moose with an antler spread 
of 50 inches or more.
    Full curl horn means the horn of a Dall sheep ram; the tip of which 
has grown through 360 degrees of a circle described by the outer surface 
of the horn, as viewed from the side, or that both horns are broken, or 
that the sheep is at least 8 years of age as determined by horn growth 
annuli.
    Furbearer means a beaver, coyote, arctic fox, red fox, lynx, marten, 
mink, weasel, muskrat, river (land) otter, red squirrel, flying 
squirrel, ground squirrel, marmot, wolf or wolverine.
    Grouse collectively refers to all species found in Alaska, including 
spruce grouse, ruffed grouse, blue grouse and sharp-tailed grouse.
    Hare or hares collectively refers to all species of hares (commonly 
called rabbits) in Alaska and includes snowshoe hare and tundra hare.
    Harvest limit means the number of any one species permitted to be 
taken by any one person in a Unit or portion of a Unit in which the 
taking occurs.

[[Page 221]]

    Highway means the driveable surface of any constructed road.
    Household means that group of people residing in the same residence.
    Hunting means the taking of wildlife within established hunting 
seasons with archery equipment or firearms, and as authorized by a 
required hunting license.
    Marmot collectively refers to all species of marmot that occur in 
Alaska including the hoary marmot, Alaska marmot, and the woodchuck.
    Motorized vehicle means a motor-driven land, air or water 
conveyance.
    Open season means the time when wildlife may be taken by hunting or 
trapping; an open season includes the first and last days of the 
prescribed season period.
    Otter means river or land otter only, excluding sea otter.
    Permit hunt means a hunt for which State or Federal permits are 
issued by registration or other means.
    Poison means any substance which is toxic, or poisonous upon contact 
or ingestion.
    Possession means having direct physical control of wildlife at a 
given time or having both the power and intention to exercise dominion 
or control of wildlife either directly or through another person or 
persons.
    Ptarmigan collectively refers to all species found in Alaska, 
including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
    Ram means a male Dall sheep.
    Registration permit means a permit which authorizes hunting and is 
issued to a person who agrees to the specified hunting conditions. 
Hunting permitted by a registration permit begins on an announced date 
and continues throughout the open season, or until the season is closed 
by Board action. Registration permits are issued in the order 
applications are received and/or are based on priorities as determined 
by 50 CFR 100.17 and 36 CFR 242.17.
    Sealing means placing a mark or tag on a portion of a harvested 
animal by an authorized representative of the ADF&G sealing includes 
collecting and recording information about the conditions under which 
the animal was harvested, and measurements of the specimen submitted for 
sealing, or surrendering a specific portion of the animal for biological 
information.
    Seven-eighths curl horn means the horn of a male Dall sheep, the tip 
of which has grown through seven-eights (315 degrees) of a circle, 
described by the outer surface of the horn, as viewed from the side, or 
with both horns broken.
    Skin, hide, pelt or fur mean any tanned or untanned external 
covering of an animal's body; excluding bear. The skin, hide, fur or 
pelt of a bear shall mean the entire external covering with claws 
attached.
    Spike-fork moose means a bull moose with only one or two tines on 
either antler; male calves are not spike-fork bulls.
    Take or Taking means to pursue, hunt, shoot, trap, net, capture, 
collect, kill, harm, or attempt to engage in any such conduct.
    Tine or antler point refers to any point on an antler, the length of 
which is greater than its width and is at least one inch.
    Transportation means to ship, convey, carry or transport by any 
means whatever, and deliver or receive for such shipment, conveyance, 
carriage, or transportation.
    Trapping means the taking of furbearers within established trapping 
seasons and with a required trapping license.
    Unclassified wildlife or unclassified species means all species of 
animals not otherwise classified by the definitions in this paragraph 
(a), or regulated under other Federal law as listed in paragraph (i) of 
this section.
    Ungulate means any species of hoofed mammal, including deer, 
caribou, moose, mountain goat, Dall sheep, and musk oxen.
    Unit means one of the 26 geographical areas in the State of Alaska 
known as Game Management Units, or GMU, and collectively listed in this 
section as Units.
    Wildlife means any hare (rabbit), ptarmigan, grouse, ungulate, bear, 
furbearer, or unclassified species and includes any part, product, egg, 
or offspring thereof, or carcass or part thereof.
    (b) Wildlife may be taken for subsistence uses by any method, except 
as

[[Page 222]]

prohibited in this section or by other Federal statute. Taking wildlife 
for subsistence uses by a prohibited method is a violation of this part. 
Seasons are closed unless opened by Federal regulation. Hunting or 
trapping during a closed season or in an area closed by this part is 
prohibited.
    (1) Except for special provisions found at paragraphs (k)(1) through 
(26) of this section, the following methods and means of taking wildlife 
for subsistence uses are prohibited:
    (i) Shooting from, on, or across a highway;
    (ii) Using any poison;
    (iii) Using a helicopter in any manner, including transportation of 
individuals, equipment or wildlife; however, this prohibition does not 
apply to transportation of an individual, gear, or wildlife during an 
emergency rescue operation in a life threatening situation;
    (iv) Taking wildlife from a motorized land or air vehicle, when that 
vehicle is in motion or from a motor-driven boat when the boat's 
progress from the motor's power has not ceased;
    (v) Using a motorized vehicle to drive, herd, or molest wildlife;
    (vi) Using or being aided by use of a machine gun, set gun, or a 
shotgun larger than 10 gauge;
    (vii) Using a firearm other than a shotgun, muzzle-loaded rifle, 
rifle or pistol using center-firing cartridges, for the taking of 
ungulates, bear, wolves or wolverine, except that--
    (A) An individual in possession of a valid trapping license may use 
a firearm that shoots rimfire cartridges to take wolves and wolverine;
    (B) Only a muzzle-loading rifle of .54-caliber or larger, or a .45-
caliber muzzle-loading rifle with a 250-grain, or larger, elongated slug 
may be used to take brown bear, black bear, moose, musk oxen and 
mountain goat;
    (viii) Using or being aided by use of a pit, fire, artificial light, 
radio communication, artificial salt lick, explosive, barbed arrow, 
bomb, smoke, chemical, conventional steel trap with a jaw spread over 
nine inches, or conibear style trap with a jaw spread over 11 inches;
    (ix) Using a snare, except that an individual in possession of a 
valid hunting license may use nets and snares to take unclassified 
wildlife, ptarmigan, grouse, or hares; and, individuals in possession of 
a valid trapping license may use snares to take furbearers;
    (x) Using a trap to take ungulates or bear;
    (xi) Using hooks to physically snag, impale or otherwise take 
wildlife; however, hooks may be used as a trap drag;
    (xii) Using a crossbow in any area restricted to hunting by bow and 
arrow only to take ungulates, bear, wolf or wolverine;
    (xiii) Taking of ungulates, bear, wolf, or wolverine with a bow, 
unless the bow is capable of casting a 7/8 inch wide broadhead-tipped 
arrow at least 175 yards horizontally, and the arrow and broadhead 
together weigh at least one ounce (437.5 grains);
    (xiv) Using bait for taking ungulates, bear, wolf, or wolverine; 
except, bait may be used to take wolves and wolverine with a trapping 
license, and, bait may be used to take black bears with a hunting 
license as authorized in Unit-specific regulations at paragraphs (k)(1) 
through (26) of this section. Baiting of black bears is subject to the 
following restrictions:
    (A) No person may establish a black bear bait station unless he or 
she first registers the site with ADF&G
    (B) A person using bait shall clearly mark the site with a sign 
reading ``black bear bait station'' that also displays the person's 
hunting license number and ADF&G assigned number;
    (C) Only biodegradable materials may be used for bait; only the 
head, bones, viscera, or skin of legally harvested fish and wildlife may 
be used for bait;
    (D) No person may use bait within one-quarter mile of a publicly 
maintained road or trail;
    (E) No person may use bait within one mile of a house or other 
permanent dwelling, or within one mile of a developed campground, or 
developed recreational facility;
    (F) A person using bait shall remove litter and equipment from the 
bait station site when hunting is completed;
    (G) No person may give or receive remuneration for the use of a bait 
station, including barter or exchange of goods;

[[Page 223]]

    (H) No person may have more than two bait stations with bait present 
at any one time;
    (xv) Taking swimming ungulates, bear, wolves or wolverine;
    (xvi) Taking or assisting in the taking of ungulates, bear, wolves, 
wolverine, or other furbearers before 3:00 a.m. following the day in 
which airborne travel occurred (except for flights in regularly 
scheduled commercial aircraft); however this restriction does not apply 
to subsistence taking of deer;
    (xvii) Taking a bear cub or a sow accompanied by cub(s).
    (2) Wildlife taken in defense of life or property is not a 
subsistence use; wildlife so taken is subject to State regulations.
    (3) The following methods and means of trapping furbearers, for 
subsistence uses pursuant to the requirements of a trapping license are 
prohibited, in addition to the prohibitions listed at paragraph (b)(1) 
of this section:
    (i) Disturbing or destroying a den, except that any muskrat pushup 
or feeding house may be disturbed in the course of trapping;
    (ii) Disturbing or destroying any beaver house;
    (iii) Taking beaver by any means other than a steel trap or snare, 
except that firearms may be used in certain Units with established 
seasons as identified in Unit-specific regulations found in this 
subpart;
    (iv) Taking otter with a steel trap having a jaw spread of less than 
five and seven-eighths inches during any closed mink and marten season 
in the same Unit;
    (v) Using a net, or fish trap (except a blackfish or fyke trap);
    (vi) Taking beaver in the Minto Flats Management Area with the use 
of an aircraft for ground transportation, or by landing within one mile 
of a beaver trap or set used by the transported person;
    (vii) Taking or assisting in the taking of furbearers by firearm 
before 3:00 a.m. on the day following the day on which airborne travel 
occurred; however, this does not apply to a trapper using a firearm to 
dispatch furbearers caught in a trap or snare.
    (c) Possession and transportation of wildlife. (1) Except as 
specified in paragraphs (c)(3)(ii) or (c)(4) of this section, or as 
otherwise provided, no person may take a species of wildlife in any 
Unit, or portion of a Unit, if that person's total take of that species 
already obtained anywhere in the State under Federal and State 
regulations equals or exceeds the harvest limit in that Unit.
    (2) An animal taken under Federal or State regulations by any member 
of a community with an established community harvest limit for that 
species counts toward the community harvest limit for that species. 
Except for wildlife taken pursuant to Sec. 242.6(f)(3) or as otherwise 
provided for by this Part, an animal taken as part of a community 
harvest limit counts toward every community member's harvest limit for 
that species taken under Federal or State of Alaska regulations.
    (3) Harvest limits. (i) Harvest limits, including those related to 
ceremonial uses, authorized by this section and harvest limits 
established in State regulations may not be accumulated.
    (ii) Wildlife taken by a designated hunter for another person 
pursuant to Sec. 242.6(f)(2), counts toward the individual harvest limit 
of the person for whom the wildlife is taken.
    (4) The harvest limit specified for a trapping season for a species 
and the harvest limit set for a hunting season for the same species are 
separate and distinct. This means that a person who has taken a harvest 
limit for a particular species under a trapping season may take 
additional animals under the harvest limit specified for a hunting 
season or vice versa.
    (5) A brown/grizzly bear taken in a Unit or portion of a Unit having 
a harvest limit of one brown/grizzly bear per year counts against a one 
brown/grizzly bear every four regulatory years harvest limit in other 
Units; an individual may not take more than one brown/grizzly bear in a 
regulatory year.
    (6) A harvest limit applies to the number of animals that can be 
taken during a regulatory year; however, harvest limits for grouse, 
ptarmigan, and caribou (in some Units) are regulated by the number that 
may be taken per day. Harvest limits of grouse and ptarmigan are also 
regulated by the number that can be held in possession.

[[Page 224]]

    (7) Unless otherwise provided, any person who gives or receives 
wildlife shall furnish, upon a request made by a Federal or State agent, 
a signed statement describing the following: names and addresses of 
persons who gave and received wildlife, the time and place that the 
wildlife was taken, and identification of species transferred. Where a 
qualified subsistence user has designated another qualified subsistence 
user to take wildlife on his or her behalf in accordance with 
Sec. 242.6, the permit shall be furnished in place of a signed 
statement.
    (8) A rural Alaska resident who has been designated to take wildlife 
on behalf of another rural Alaska resident in accordance with 
Sec. 242.6, shall promptly deliver the wildlife to that rural Alaska 
resident.
    (9) No person may possess, transport, give, receive or barter 
wildlife that was taken in violation of Federal or State statutes or a 
regulation promulgated thereunder.
    (10) Evidence of sex and identity. (i) If subsistence take of Dall 
sheep is restricted to a ram, no person may possess or transport a 
harvested sheep unless both horns accompany the animal.
    (ii) If the subsistence taking of an ungulate, except sheep, is 
restricted to one sex in the local area, no person may possess or 
transport the carcass of an animal taken in that area unless sufficient 
portions of the external sex organs remain attached to indicate 
conclusively the sex of the animal; however, this paragraph (c)(10)(ii) 
does not apply to the carcass of an ungulate that has been butchered and 
placed in storage or otherwise prepared for consumption upon arrival at 
the location where it is to be consumed.
    (iii) If a moose harvest limit includes an antler size or 
configuration restriction, no person may possess or transport the moose 
carcass or its parts unless both antlers accompany the carcass or its 
parts. A person possessing a set of antlers with less than the required 
number of brow tines on one antler shall leave the antlers naturally 
attached to the unbroken, uncut skull plate; however, this paragraph 
(c)(10)(iii) does not apply to a moose carcass or its parts that have 
been butchered and placed in storage or otherwise prepared for 
consumption after arrival at the place where it is to be stored or 
consumed.
    (11) All edible meat from caribou and moose harvested in Units 9(B), 
17 and 19(B) prior to October 1 must remain on the bones of the front 
quarters and hind quarters until the meat is removed from the field or 
is processed for human consumption.
    (d) A person who takes an animal that has been marked or tagged for 
scientific studies must, within a reasonable time, notify the ADF&G or 
the agency identified on the collar or marker, when and where the animal 
was taken. Any ear tag, collar, radio, tattoo, or other identification 
must be retained with the hide until it is sealed, if sealing is 
required; in all cases, any identification equipment must be returned to 
the ADF&G or to an agency identified on such equipment.
    (e) Sealing of bear skins and skulls. (1) Sealing requirements for 
bear shall apply to brown bears taken in all Units, except as specified 
below, and black bears of all color phases taken in Units 1-7, 11-17, 
and 20.
    (2) No person may possess or transport from Alaska, the untanned 
skin or skull of a bear unless the skin and skull have been sealed by an 
authorized representative of ADF&G in accordance with State or Federal 
regulations, except that the skin and skull of a brown bear taken under 
a registration permit in the Western Alaska Brown Bear Management Area, 
the Northwest Alaska Brown Bear Management Area, Unit 5, or Unit 9(B) 
need not be sealed unless removed from the area.
    (3) A person who possesses a bear shall keep the skin and skull 
together until a representative of the ADF&G has removed a rudimentary 
premolar tooth from the skull and sealed both the skull and the skin; 
however, this provision shall not apply to brown bears taken within the 
Western Alaska Brown Bear Management Area, the Northwest Alaska Brown 
Bear Management Area, Unit 5, or Unit 9(B) which are not removed from 
the Management Area or Unit.
    (i) In areas where sealing is required by Federal regulations, no 
person may possess or transport the hide of a bear

[[Page 225]]

which does not have the penis sheath or vaginal orifice naturally 
attached to indicate conclusively the sex of the bear.
    (ii) If the skin or skull of a bear taken in the Western Alaska 
Brown Bear Management Area is removed from the area, it must first be 
sealed by an ADF&G representative in Bethel, Dillingham, or McGrath; at 
the time of sealing, the ADF&G representative shall remove and retain 
the skin of the skull and front claws of the bear.
    (iii) If the skin or skull of a bear taken in the Northwestern 
Alaska Brown Bear Management Area is removed from the area or presented 
for commercial tanning within the Management Area, it must first be 
sealed by an ADF&G representative in Barrow, Fairbanks, Galena, Nome, or 
Kotzebue; at the time of sealing, the ADF&G representative shall remove 
and retain the skin of the skull and front claws of the bear.
    (iv) If the skin or skull of a bear taken in Unit 5 is removed from 
the area, it must first be sealed by an ADF&G representative in Yakutat; 
at the time of sealing, the ADF&G representative shall remove and retain 
the skin of the skull and front claws of the bear.
    (4) No person may falsify any information required on the sealing 
certificate or temporary sealing form provided by the ADF&G in 
accordance with State regulations.
    (f) Sealing of beaver, lynx, marten, otter, wolf, and wolverine. No 
person may possess or transport from Alaska the untanned skin of a 
marten taken in Units 1-5, 7, 13(E), and 14-16 or the untanned skin of a 
beaver, lynx, otter, wolf, or wolverine, whether taken inside or outside 
the state, unless the skin has been sealed by an authorized 
representative of ADF&G in accordance with State regulations.
    (1) Any wolf taken in Unit 2 must be sealed on or before the 30th 
day after the date of taking.
    (2) The radius and ulna of the left foreleg must remain naturally 
attached to the hide of any wolf taken in Units 1-5 until the hide is 
sealed.
    (g) A person who takes a species listed in paragraph (f) of this 
section but who is unable to present the skin in person, must complete 
and sign a temporary sealing form and ensure that the completed 
temporary sealing form and skin are presented to an authorized 
representative of ADF&G for sealing consistent with requirements listed 
in paragraph (f) of this section.
    (h) Utilization of wildlife. (1) No person may use wildlife as food 
for a dog or furbearer, or as bait, except for the following:
    (i) The hide, skin, viscera, head, or bones of wildlife;
    (ii) The skinned carcass of a furbearer;
    (iii) Squirrels, hares (rabbits), grouse and ptarmigan; however, the 
breast meat of grouse and ptarmigan may not be used as animal food or 
bait;
    (iv) Unclassified wildlife.
    (2) A person taking wildlife for subsistence shall salvage the 
following parts for human use:
    (i) The hide of a wolf, wolverine, coyote, fox, lynx, marten, mink, 
weasel or otter;
    (ii) The hide and edible meat of a brown bear, except that the hide 
of brown bears taken in the Western and Northwestern Alaska Brown Bear 
Management Areas and Units 5 and 9(B) need not be salvaged;
    (iii) The hide and edible meat of a black bear;
    (iv) The hide or meat of squirrels, hares (rabbits), marmots, 
beaver, muskrats, or unclassified wildlife.
    (3) Failure to salvage edible meat of ungulates, bear, or grouse and 
ptarmigan is prohibited.
    (4) Failure to salvage the edible meat may not be a violation if 
such failure is caused by circumstances beyond the control of a person, 
including theft of the harvested wildlife, unanticipated weather 
conditions, or unavoidable loss to another animal.
    (i) The regulations found in this section do not apply to the 
subsistence taking and use of wildlife regulated pursuant to the Fur 
Seal Act of 1966 (80 Stat. 927, 16 U.S.C. 1187), the Endangered Species 
Act of 1973 (87 Stat. 884, 16 U.S.C. 1531-1543), the Marine Mammal 
Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361-1407), and the 
Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), or any 
amendments to

[[Page 226]]

these Acts. The taking and use of wildlife, covered by these Acts, will 
conform to the specific provisions contained in these Acts, as amended, 
and any implementing regulations.
    (j) Rural residents, non-rural residents, and nonresidents not 
specifically prohibited by Federal regulations from hunting or trapping 
on public lands in an area, may hunt or trap on public lands in 
accordance with the appropriate State regulations.
    (k) Unit regulations. Subsistence taking of unclassified wildlife, 
all squirrel species, and marmots is allowed in all Units, without 
harvest limits, for the period of July 1-June 30. Subsistence taking of 
wildlife outside established Unit seasons, or in excess of the 
established Unit harvest limits, is prohibited unless otherwise modified 
by subsequent regulation. Taking of wildlife under State regulations on 
public lands is permitted, except as otherwise restricted at paragraphs 
(k)(1) through (26) of this section. Additional Unit-specific 
restrictions or allowances for subsistence taking of wildlife are 
identified at paragraphs (k)(1) through (26) of this section.
    (1) Unit 1. Unit 1 consists of all mainland drainages from Dixon 
Entrance to Cape Fairweather, and those islands east of the center line 
of Clarence Strait from Dixon Entrance to Caamano Point, and all islands 
in Stephens Passage and Lynn Canal north of Taku Inlet:
    (i) Unit 1(A) consists of all drainages south of the latitude of 
Lemesurier Point including all drainages into Behm Canal, excluding all 
drainages of Ernest Sound;
    (ii) Unit 1(B) consists of all drainages between the latitude of 
Lemesurier Point and the latitude of Cape Fanshaw including all 
drainages of Ernest Sound and Farragut Bay, and including the islands 
east of the center lines of Frederick Sound, Dry Strait (between Sergief 
and Kadin Islands), Eastern Passage, Blake Channel (excluding Blake 
Island), Ernest Sound and Seward Passage;
    (iii) Unit 1(C) consists of that portion of Unit 1 draining into 
Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the 
latitude of Eldred Rock including Berners Bay, Sullivan Island, and all 
mainland portions north of Chichagof Island and south of the latitude of 
Eldred Rock, excluding drainages into Farragut Bay;
    (iv) Unit 1(D) consists of that portion of Unit 1 north of the 
latitude of Eldred Rock, excluding Sullivan Island and the drainages of 
Berners Bay;
    (v) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Public lands within Glacier Bay National Park are closed to all 
taking of wildlife for subsistence uses;
    (B) Unit 1(A)--in the Hyder area, the Salmon River drainage 
downstream from the Riverside Mine, excluding the Thumb Creek drainage, 
is closed to the taking of bear;
    (C) Unit 1(B)--the Anan Creek drainage within one mile of Anan Creek 
downstream from the mouth of Anan Lake, including the area within a one 
mile radius from the mouth of Anan Creek Lagoon, is closed to the taking 
of black bear and brown bear;
    (D) Unit 1(C):
    (1) The area within one-fourth mile of Mendenhall Lake, the U.S. 
Forest Service Mendenhall Glacier Visitor's Center, and the Center's 
parking area, is closed to hunting;
    (2) The area of Mt. Bullard bounded by the Mendenhall Glacier, 
Nugget Creek from its mouth to its confluence with Goat Creek, and a 
line from the mouth of Goat Creek north to the Mendenhall Glacier, is 
closed to the taking of mountain goat;
    (vi) In Unit 1(C), Juneau area, the trapping of furbearers for 
subsistence uses is prohibited on the following public lands:
    (A) A strip within one-quarter mile of the mainland coast between 
the end of Thane Road and the end of Glacier Highway at Echo Cove;
    (B) That area of the Mendenhall Valley bounded on the south by the 
Glacier Highway, on the west by the Mendenhall Loop Road and Montana 
Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall 
Lake, and on the east by the Mendenhall Loop Road and Forest Service 
Glacier Spur Road to the Forest Service Visitor Center;

[[Page 227]]

    (C) That area within the U.S. Forest Service Mendenhall Glacier 
Recreation Area;
    (D) A strip within one-quarter mile of the following trails as 
designated on U.S. Geological Survey maps: Herbert Glacier Trail, 
Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail 
(including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan 
Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts Trail 
and Nelson Water Supply Trail, Sheep Creek Trail, and Point Bishop 
Trail;
    (vii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear in Units 1(A), 1(B), and 
1(D) between April 15 and June 15;
    (B) Boats may not be used to take ungulates, bear, wolves, or 
wolverine, except for persons certified as disabled;
    (C) The taking of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
is authorized in Units 1--5 provided that:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, the Unit(s) in which the taking will 
occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may   Sept. 1-June 30.
 be a blue or glacier bear.
Brown Bear: 1 bear every four regulatory    Sept. 15-Dec. 31.
 years by State registration permit only.   Mar. 15-May 31.
Deer:
    Unit 1(A)--4 antlered deer............  Aug. 1-Dec. 31.
    Unit 1(B)--2 antlered deer............  Aug. 1-Dec. 31.
    Unit 1(C)--4 deer; however, antlerless  Aug. 1-Dec. 31.
     deer may be taken only from Sept. 15-
     Dec. 31.
Goat:
    Unit 1(A)--Revillagigedo Island only..  No open season.
    Unit 1(B)--that portion north of        Aug. 1-Dec. 31.
     LeConte Bay. 1 goat by State
     registration permit only; the taking
     of kids or nannies accompanied by
     kids is prohibited.
    Unit 1(B)--that portion between         Aug. 1-Dec. 31.
     LeConte Bay and the North Fork of
     Bradfield River/Canal. 2 goats; a
     State registration permit will be
     required for the taking of the first
     goat and a Federal registration
     permit for the taking of a second
     goat; the taking of kids or nannies
     accompanied by kids is prohibited.
    Unit 1(A) and Unit 1(B)--Remainder--2   Aug. 1-Dec. 31.
     goats by State registration permit
     only.
    Unit 1(C)--that portion draining into   Oct. 1-Nov. 30.
     Lynn Canal and Stephens Passage
     between Antler River and Eagle
     Glacier and River, and all drainages
     of the Chilkat Range south of the
     Endicott River--1 goat by State
     registration permit only.
    Unit 1(C)--that portion draining into   No open season.
     Stephens Passage and Taku Inlet
     between Eagle Glacier and River and
     Taku Glacier.
    Remainder of Unit 1(C)--1 goat by       Aug. 1-Nov. 30.
     State registration permit only.
    Unit 1(D)--that portion lying north of  Sept. 15-Nov. 30.
     the Katzehin River and northeast of
     the Haines highway--1 goat by State
     registration permit only.

[[Page 228]]

    Unit 1(D)--that portion lying between   No open season.
     Taiya Inlet and River and the White
     Pass and Yukon Railroad.
    Remainder of Unit 1(D)--1 goat by       Aug. 1-Dec. 31.
     State registration permit only.
Moose:
    Unit 1(A)--1 antlered bull............  Sept. 15-Oct. 15.
    Unit 1(B) 1 antlered bull with spike-   Sept. 15-Oct. 15.
     fork or 50-inch antlers or 3 or more
     brow tines on either antler, by State
     registration permit only.
    Unit 1(C), that portion south of Point  Sept. 15-Oct. 15.
     Hobart including all Port Houghton
     drainages--1 antlered bull with spike-
     fork or 50-inch antlers or 3 or more
     brow tines on either antler, by State
     registration permit only.
    Remainder of Unit 1(C)--excluding       Sept. 15-Oct. 15.
     drainages of Berners Bay--1 antlered
     bull by State registration permit
     only.
    Unit 1(D).............................  No open season.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and       Nov. 1-Feb. 15.
 Silver Phases):2 foxes.
Hare (Snowshoe and Tundra):5 hares per day  Sept. 1-Apr. 30.
Lynx: 2 lynx..............................  Dec. 1-Feb. 15.
Wolf: 5 wolves............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 1-May 15.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 1(A), (B), and (C)--No limit.  Dec. 1-May 15.
Coyote: No limit..........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and       Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.................  Dec. 1-Feb. 15.
Muskrat: No limit.........................  Dec. 1-Feb. 15.
Otter: No limit...........................  Dec. 1-Feb. 15.
Wolf: No limit............................  Nov. 10-Apr. 30.
Wolverine: No limit.......................  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (2) Unit 2. Unit 2 consists of Prince of Wales Island and all 
islands west of the center lines of Clarence Strait and Kashevarof 
Passage, south and east of the center lines of Sumner Strait, and east 
of the longitude of the western most point on Warren Island.
    (i) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) Boats may not be used to take ungulates, bear, wolves, or 
wolverine, except for persons certified as disabled;
    (C) The taking of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
is authorized in Units 1-5 provided that:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, the Unit(s) in which the taking will 
occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless

[[Page 229]]

the recipient is a member of a community operating under a community 
harvest system. The designated hunter must obtain a designated hunter 
permit and must return a completed harvest report. The designated hunter 
may hunt for any number of recipients but may have no more than two 
harvest limits in his/her possession at any one time.
    (ii) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may   Sept. 1-June 30.
 be a blue or glacier bear.
Deer: 4 deer; however, no more than one     Aug. 1-Dec. 31.
 may be an antlerless deer. Antlerless
 deer may be taken only during the period
 Oct. 15-Dec. 31 by Federal registration
 permit only.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and       Nov. 1-Feb. 15.
 Silver Phases): 2 foxes..
Hare (Snowshoe and Tundra): 5 hares per     Sept. 1-Apr. 30.
 day.
Lynx: 2 lynx..............................  Dec. 1-Feb. 15.
Wolf: 5 wolves............................  Dec. 1-Mar. 31.
Wolverine: 1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 1-May 15.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit..........................  Dec. 1-May 15.
Coyote: No limit..........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and       Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.................  Dec. 1-Feb. 15.
Muskrat: No limit.........................  Dec. 1-Feb. 15.
Otter: No limit...........................  Dec. 1-Feb. 15.
Wolf: No limit............................  Dec. 1-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (3) Unit 3. (i) Unit 3 consists of all islands west of Unit 1(B), 
north of Unit 2, south of the center line of Frederick Sound, and east 
of the center line of Chatham Strait including Coronation, Kuiu, 
Kupreanof, Mitkof, Zarembo, Kashevarof, Woronkofski, Etolin, Wrangell, 
and Deer Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) In the Petersburg vicinity, a strip one-fourth mile wide on each 
side of the Mitkof Highway from Milepost 0 to Crystal Lake campground is 
closed to the taking of ungulates, bear, wolves and wolverine;
    (B) The Petersburg Creek drainage on Kupreanof Island is closed to 
the taking of black bears;
    (C) Blind Slough draining into Wrangell Narrows and a strip one-
fourth mile wide on each side of Blind Slough, from the hunting closure 
markers at the southernmost portion of Blind Island to the hunting 
closure markers one mile south of the Blind Slough bridge, are closed to 
all hunting.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) Boats may not be used to take ungulates, bear, wolves, or 
wolverine, except for persons certified as disabled;
    (C) The taking of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
is authorized in Units 1-5 provided that:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, the Unit(s) in which the taking will 
occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;

[[Page 230]]

    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may   Sept. 1-June 30.
 be a blue or glacier bear.
Deer:
    Unit 3--Mitkof Island, Woewodski        Oct. 15-Oct. 31.
     Island, Butterworth Islands, and that
     portion of Kupreanof Island which
     includes Lindenburg Peninsula east of
     the Portage Bay/Duncan Canal Portage--
     1 antlered deer by State registration
     permit only; however, the city limits
     of Petersburg and Kupreanof are
     closed to hunting.
    Remainder of Unit 3--2 antlered deer..  Aug. 1-Nov. 30.
Moose: Unit 3--1 antlered bull with spike-  Sept. 15-Oct. 15.
 fork or 50-inch antlers or 3 or more brow
 tines on either antler by State
 registration permit only.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and       Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5 hares per     Sept. 1-Apr. 30.
 day.
Lynx: 2 lynx..............................  Dec. 1-Feb. 15.
Wolf: 5 wolves............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 1-May 15.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 3--Mitkof Island No limit........  Dec. 1-Apr. 15.
    Unit 3--except Mitkof Island No limit.  Dec. 1-May 15.
Coyote: No limit..........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and       Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.................  Dec. 1-Feb. 15.
Muskrat: No limit.........................  Dec. 1-Feb. 15.
Otter: No limit...........................  Dec. 1-Feb. 15.
Wolf: No limit............................  Nov. 10-Apr. 30.
Wolverine: No limit.......................  Nov. 10.-Apr. 30.
------------------------------------------------------------------------

    (4) Unit 4. (i) Unit 4 consists of all islands south and west of 
Unit 1(C) and north of Unit 3 including Admiralty, Baranof, Chichagof, 
Yakobi, Inian, Lemesurier, and Pleasant Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) The Seymour Canal Closed Area (Admiralty Island) including all 
drainages into northwestern Seymour Canal between Staunch Point and the 
southernmost tip of the unnamed peninsula separating Swan Cove and King 
Salmon Bay including Swan and Windfall Islands, is closed to the taking 
of bears;
    (B) The Salt Lake Closed Area (Admiralty Island) including all lands 
within one-fourth mile of Salt Lake above Klutchman Rock at the head of 
Mitchell Bay, is closed to the taking of bears;
    (C) Port Althorp Closed Area (Chichagof Island), that area within

[[Page 231]]

the Port Althorp watershed south of a line from Point Lucan to Salt 
Chuck Point (Trap Rock), is closed to the taking of brown bears;
    (D) Northeast Chichagof Controlled Use Area (NECCUA) consisting of 
all portions of Unit 4 on Chichagof Island north of Tenakee Inlet and 
east of the drainage divide from the northwest point of Gull Cove to 
Port Frederick Portage, including all drainages into Port Frederick and 
Mud Bay, is closed to the use of any motorized land vehicle for brown 
bear hunting, or for the taking of marten, mink, or weasel.
    (iii) Unit-specific regulations:
    (A) Boats may not be used to take bear, wolves, or wolverine, except 
for persons certified as disabled;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time;
    (C) The taking of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
is authorized in Units 1-5 provided that:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, the Unit(s) in which the taking will 
occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) Chichagof Island is closed to the use of any motorized land 
vehicle for the taking of marten, mink, and weasel.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear:
    Unit 4--Chichagof Island south and      Sept. 15-Dec. 31.
     west of a line that follows the crest  Mar. 15-May 31.
     of the island from Rock Point (58
     deg. N. lat., 136 deg. 21' W. long.),
     to Rodgers Point (57 deg. 35' N.
     lat., 135 deg. 33' W. long.)
     including Yakobi and other adjacent
     islands; Baranof Island south and
     west of a line which follows the
     crest of the island from Nismeni
     Point (57 deg. 34' N. lat., 135 deg.
     25' W. long.), to the entrance of Gut
     Bay (56 deg. 44' N. lat. 134 deg. 38'
     W. long.) including the drainages
     into Gut Bay and including Kruzof and
     other adjacent islands--1 bear every
     four regulatory years by State
     registration permit only
    Unit 4--that portion in the Northeast   Mar. 15-May 20.
     Chichagof Controlled Use Area--1 bear  Sept. 15-Dec. 31.
     every four regulatory years by State
     registration permit only
    Remainder of Unit 4--1 bear every four  Mar. 15-May 20.
     regulatory years by State
     registration permit only
Deer: 6 deer; however, antlerless deer may  Aug. 1-Jan. 31.
 be taken only from Sept. 15-Jan. 31
Goat: 1 goat by State registration permit   Aug. 1-Dec. 31.
 only.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and       Nov. 1-Feb. 15.
 Silver Phases): 2 foxes..
Hare (Snowshoe and Tundra): 5 hares per     Sept. 1-Apr. 30.
 day.
Lynx: 2 lynx..............................  Dec. 1-Feb. 15.
Wolf: 5 wolves............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession
Ptarmigan (Rock, Willow, and White-         Aug. 1.-May 15.
 tailed): 20 per day, 40 in possession
------------------------------------------------------------------------

[[Page 232]]

                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 4--that portion east of Chatham    Dec. 1-May 15.
     Strait--No limit.
    Remainder of Unit 4...................  No open season.
Coyote: No limit..........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and       Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten:
    Unit 4--Chichagof Island--No limit....  Dec. 1-Dec. 31.
    Remainder of Unit 4--No limit.........  Dec. 1-Feb. 15.
Mink and Weasel:
    Unit 4--Chichagof Island--No limit....  Dec. 1-Dec. 31.
    Remainder of Unit 4--No limit.........  Dec. 1-Feb. 15.
Muskrat: No limit.........................  Dec. 1-Feb. 15.
Otter: No limit...........................  Dec. 1-Feb. 15.
Wolf: No limit............................  Nov. 10-Apr. 30.
Wolverine: No limit.......................  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (5) Unit 5. (i) Unit 5 consists of all Gulf of Alaska drainages and 
islands between Cape Fairweather and the center line of Icy Bay, 
including the Guyot Hills:
    (A) Unit 5(A) consists of all drainages east of Yakutat Bay, 
Disenchantment Bay, and the eastern edge of Hubbard Glacier, and 
includes the islands of Yakutat and Disenchantment Bays;
    (B) Unit 5(B) consists of the remainder of Unit 5.
    (ii) Public lands within Glacier Bay National Park are closed to all 
taking of wildlife for subsistence uses.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) Boats may not be used to take ungulates, bear, wolves, or 
wolverine, except for persons certified as disabled;
    (C) Unit 5 is open to brown bear hunting by Federal registration 
permit in lieu of a State metal locking tag; no State metal locking tag 
is required for taking a brown bear in Unit 5, provided that the hunter 
has obtained a Federal registration permit prior to hunting;
    (D) The taking of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
is authorized in Units 1-5 provided that:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, the Unit(s) in which the taking will 
occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (E) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer or moose on 
his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.

[[Page 233]]



------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may   Sept. 1-June 30.
 be a blue or glacier bear.
Brown Bear: 1 bear by Federal registration  Sept. 1-May 31.
 permit only.
Deer:
    Unit 5(A)--1 buck.....................  Nov. 1-Nov. 30.
    Unit 5(B).............................  No open season.
Goat: 1 goat by Federal registration        Aug. 1-Jan. 31.
 permit only.
Moose:
    Unit 5(A), Nunatak Bench--1 moose by    Nov. 15-Feb. 15.
     State registration permit only. The
     season will be closed when 5 moose
     have been taken from the Nunatak
     Bench.
    Unit 5(A), except Nunatak Bench--1       Oct. 8-Nov. 15.
     antlered bull by Federal registration
     permit only. The season will be
     closed when 60 antlered bulls have
     been taken from the Unit. The season
     will be closed in that portion west
     of the Dangerous River when 30
     antlered bulls have been taken in
     that area. From Oct. 15-Oct. 21,
     public lands will be closed to taking
     of moose, except by rural Alaska
     residents of Unit 5(A).
    Unit 5(B)--1 antlered bull by State     Sept. 1-Dec. 15.
     registration permit only. The season
     will be closed when 25 antlered bulls
     have been taken from the entirety of
     Unit 5(B).
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5 hares per     Sept. 1-Apr. 30.
 day.
Lynx: 2 lynx..............................  Dec. 1-Feb. 15.
Wolf: 5 wolves............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 1-May 15.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit..........................  Nov. 10-May 15.
Coyote: No limit..........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black and        Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Nov. 10-Feb. 15.
Mink and Weasel: No limit.................  Nov. 10-Feb. 15.
Muskrat: No limit.........................  Dec. 1-Feb. 15.
Otter: No limit...........................  Nov. 10-Feb. 15.
Wolf: No limit............................  Nov. 10-Apr. 30.
Wolverine: No limit.......................  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (6) Unit 6. (i) Unit 6 consists of all Gulf of Alaska and Prince 
William Sound drainages from the center line of Icy Bay (excluding the 
Guyot Hills) to Cape Fairfield including Kayak, Hinchinbrook, Montague, 
and adjacent islands, and Middleton Island, but excluding the Copper 
River drainage upstream from Miles Glacier, and excluding the Nellie 
Juan and Kings River drainages:
    (A) Unit 6(A) consists of Gulf of Alaska drainages east of Palm 
Point near Katalla including Kanak, Wingham, and Kayak Islands;
    (B) Unit 6(B) consists of Gulf of Alaska and Copper River Basin 
drainages west of Palm Point near Katalla, east of the west bank of the 
Copper River, and east of a line from Flag Point to Cottonwood Point;
    (C) Unit 6(C) consists of drainages west of the west bank of the 
Copper River, and west of a line from Flag Point to Cottonwood Point, 
and drainages east of the east bank of Rude River and drainages into the 
eastern shore of Nelson Bay and Orca Inlet;
    (D) Unit 6(D) consists of the remainder of Unit 6.
    (ii) For the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) The Goat Mountain goat observation area, which consists of that 
portion of Unit 6(B) bounded on the north by Miles Lake and Miles 
Glacier, on the south and east by Pleasant Valley River and Pleasant 
Glacier, and on the west by the Copper River, is closed to the taking of 
mountain goat;
    (B) The Heney Range goat observation area, which consists of that 
portion of Unit 6(C) south of the Copper River Highway and west of the 
Eyak

[[Page 234]]

River, is closed to the taking of mountain goat.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) Coyotes may be taken in Units 6(B) and 6(C) with the aid of 
artificial lights.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 1 bear........................  Sept. 1-June 30.
Deer: 4 deer; however, antlerless deer may  Aug. 1-Dec. 31.
 be taken only from Oct. 1-Dec. 31.
Goats:
    Unit 6(A), (B)--1 goat by State         Aug. 20-Jan. 31.
     registration permit only.
    Unit 6(C).............................  No open season.
    Unit 6(D) (subareas RG242, RG244,       Aug. 20-Jan. 31.
     RG249, RG266 and RG252 only)--1 goat
     by Federal registration permit only.
    In each of the Unit 6(D) subareas,
     goat seasons will be closed when
     harvest limits for that subarea are
     reached. Harvest quotas are as
     follows: RG242--2 goats, RG244--2
     goats, RG249--2 goats, RG266--4
     goats, RG252--1 goat.
    Unit 6(D) (subareas RG243 and RG245)--  No open season.
     The taking of goats is prohibited on
     all public lands.
Coyote:
    Unit 6(A) and (D)--2 coyotes..........  Sept. 1-Apr. 30.
    Unit 6(B)--No limit...................  July 1-June 30.
    Unit 6(C)--South of the Copper River    July 1-June 30.
     Highway and east of the Heney Range--
     No limit.
    Remainder of Unit 6(C)--No limit......  July 1-June 30.
Fox, Red (including Cross, Black and        No open season.
 Silver Phases).
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx......................................  No open season.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 1-May 15.
 tailed): 5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 1-May 15.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 beaver per season..............  Dec. 1-Mar. 31.
Coyote:
    Unit 6(A), (B) and (D)--No limit......  Nov. 10-Mar. 31.
    Unit 6(C)--South of the Copper River    Nov. 10-Apr. 30.
     Highway and east of the Heney Range--
     No limit.
    Remainder of Unit 6(C)--No limit......  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Jan. 1-Feb. 15.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (7) Unit 7. (i) Unit 7 consists of Gulf of Alaska drainages between 
Gore Point and Cape Fairfield including the Nellie Juan and Kings River 
drainages, and including the Kenai River drainage upstream from the 
Russian River, the drainages into the south side of Turnagain Arm west 
of and including the Portage Creek drainage, and east of 150 deg. W. 
long., and all Kenai Peninsula drainages east of 150 deg. W. long., from 
Turnagain Arm to the Kenai River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Kenai Fjords National Park is closed to all subsistence uses;
    (B) The Portage Glacier Closed Area in Unit 7, which consists of 
Portage Creek drainages between the Anchorage-Seward Railroad and Placer 
Creek in Bear Valley, Portage Lake, the mouth of Byron Creek, Glacier 
Creek and Byron Glacier, is closed to hunting; however, grouse, 
ptarmigan, hares,

[[Page 235]]

and squirrels may be hunted with shotguns after September 1.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15; except Resurrection Creek and its tributaries.
    (B) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: Unit 7--3 bears...............  July 1-June 30.
Moose:
    Unit 7, that portion draining into      August 10-Sept. 20.
     Kings Bay--1 bull with spike-fork or
     50-inch antlers or 3 or more brow
     tines on either antler may be taken
     by the community of Chenega Bay and
     also by the community of Tatitlek.
     Public lands are closed to the taking
     of moose except by eligible rural
     residents.
    Unit 7, Remainder.....................  No open season.
Coyote: No limit..........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Wolf:
    Unit 7--that portion within the Kenai   Aug. 10-Apr. 30.
     National Wildlife Refuge--2 wolves.
    Unit 7--Remainder--5 wolves...........  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Mar. 31.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 Beaver per season..............  Dec. 1-Mar. 31.
Coyote: No limit..........................  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Jan. 1-Feb. 15.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-May 15.
Otter: No limit...........................  Nov. 10-Feb. 28.
Wolf: No limit............................  Nov. 10-Feb. 28.
Wolverine: No limit.......................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (8) Unit 8. Unit 8 consists of all islands southeast of the 
centerline of Shelikof Strait including Kodiak, Afognak, Whale, 
Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and 
Chirikof Islands, the Trinity Islands, the Semidi Islands, and other 
adjacent islands.
    (i) A firearm may be used to take beaver with a trapping license in 
Unit 8 from Nov. 10--Apr. 30.
    (ii) A Federally-qualified subsistence user (recipient) may 
designate another Federally-qualified subsistence user to take deer on 
his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear: 1 bear by Federal registration  Dec. 1-Dec. 15.
 permit only. Up to 1 permit may be issued  Apr. 1-May 15.
 in Akiok; up to 1 permit may be issued in
 Karluk; up to 3 permits may be issued in
 Larsen Bay; up to 2 permits may be issued
 in Old Harbor; up to 2 permits may be
 issued in Ouzinkie; and up to 2 permits
 may be issued in Port Lions.
Deer:
    Unit 8--that portion of Kodiak Island   Aug. 1-Oct. 31.
     north of a line from the head of
     Settlers Cove to Crescent Lake (57
     deg.52' N. lat., 152 deg.58' W.
     long.), and east of a line from the
     outlet of Crescent Lake to Mount
     Ellison Peak and from Mount Ellison
     Peak to Pokati Point at Whale
     Passage, and that portion of Kodiak
     Island east of a line from the mouth
     of Saltery Creek to the mouth at
     Elbow Creek, and adjacent small
     islands in Chiniak Bay--1 deer;
     however, antlerless deer may be taken
     only from Oct. 25-Oct. 31.

[[Page 236]]

    Unit 8--that portion of Kodiak Island   Aug. 1-Jan. 31.
     and adjacent islands south and west
     of a line from the head of Terror Bay
     to the head of the south-western most
     arm of Ugak Bay--5 deer; however,
     antlerless deer may be taken only
     from Oct 1-Jan. 31.
    Remainder of Unit 8--5 deer; however,   Aug. 1-Jan. 31.
     antlerless deer may be taken only
     from Oct. 1-Jan. 31; no more than 1
     antlerless deer may be taken from Oct
     1-Nov. 30.
Elk: Afognak Island above mean high tide--  Sept. 1-Sept. 25
 1 elk per household by Federal
 registration permit only; only 1 elk in
 possession for each two hunters in a
 party. Entry for elk hunting shall be
 from marine waters only.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season..............  Nov. 10-Apr. 30.
Fox, Red (including Cross, Black and        Nov. 10-Mar. 31.
 Silver Phases): No limit.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (9) Unit 9. (i) Unit 9 consists of the Alaska Peninsula and adjacent 
islands including drainages east of False Pass, Pacific Ocean drainages 
west of and excluding the Redoubt Creek drainage; drainages into the 
south side of Bristol Bay, drainages into the north side of Bristol Bay 
east of Etolin Point, and including the Sanak and Shumagin Islands:
    (A) Unit 9(A) consists of that portion of Unit 9 draining into 
Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 
(Redoubt Creek) and the northern boundary of Katmai National Park and 
Preserve;
    (B) Unit 9(B) consists of the Kvichak River drainage;
    (C) Unit 9(C) consists of the Alagnak (Branch) River drainage, the 
Naknek River drainage, and all land and water within Katmai National 
Park and Preserve;
    (D) Unit 9(D) consists of all Alaska Peninsula drainages west of a 
line from the southernmost head of Port Moller to the head of American 
Bay including the Shumagin Islands and other islands of Unit 9 west of 
the Shumagin Islands;
    (E) Unit 9(E) consists of the remainder of Unit 9.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Katmai National Park is closed to all subsistence uses;
    (B) The use of motorized vehicles, excluding aircraft, boats, or 
snowmobiles used for hunting and transporting a hunter or harvested 
animal parts, is prohibited from Aug. 1--Nov. 30 in the Naknek 
Controlled Use Area, which includes all of Unit 9(C) within the Naknek 
River drainage upstream from and including the King Salmon Creek 
drainage; however, this restriction does not apply to a motorized 
vehicle on the Naknek-King Salmon, Lake Camp, and Rapids Camp roads and 
on the King Salmon Creek trail, and on frozen surfaces of the Naknek 
River and Big Creek;
    (C) A firearm may be used under a trapping license to take beaver in 
Unit 9(B) from April 1--May 31 and in the remainder of Unit 9 from April 
1--April 30;
    (D) In Unit 9(B), Lake Clark National Park and Preserve, residents 
of Nondalton, Iliamna, Newhalen, Pedro Bay, and Port Alsworth, may hunt 
brown bear by Federal registration permit in lieu of a resident tag; ten 
permits will be available with at least one permit issued in each 
community but no more than five permits will be issued in a single 
community; the season will be closed when four females or ten bears have 
been taken, whichever occurs first;
    (E) Residents of Newhalen, Nondalton, Iliamna, Pedro Bay, and Port 
Alsworth may take up to a total of 10 bull moose in Unit 9(B) for 
ceremonial purposes, under the terms of a Federal registration permit 
from July 1 through June 30. Permits will be issued to individuals only 
at the request of a

[[Page 237]]

local organization. This 10 moose limit is not cumulative with that 
permitted for potlatches by the State.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 9(B)--Lake Clark National Park     July 1-June 30.
     and Preserve--Rural residents of
     Nondalton, Iliamna, Newhalen, Pedro
     Bay, and Port Alsworth only--1 bear
     by Federal registration permit only.
    Unit 9(B), remainder--1 bear by State   Sept. 1-May 31.
     registration permit only.
    Unit 9(E)--1 bear by Federal            Oct. 1-Dec. 31.
     registration permit.                   May 10-May 25.
Caribou:
    Unit 9(A)--4 caribou; however, no more  Aug. 10-Mar. 31.
     than 2 caribou may be taken Aug. 10-
     Sept. 30 and no more than 1 caribou
     may be taken Oct. 1-Nov. 30.
    Unit 9(C)--4 caribou; however, no more  Aug. 10-Mar. 31.
     than 1 may be a cow, no more than 2
     caribou may be taken Aug. 10-Nov. 30,
     and no more than 1 caribou may be
     taken per calendar month between Dec.
     1-Mar. 31.
    Unit 9(B)--5 caribou; however, no more  Aug. 1-Apr. 15.
     than 2 bulls may be taken from Oct. 1-
     Nov. 30.
    Unit 9(D)--closed to all hunting of     No open season.
     caribou.
    Unit 9(E)--that portion southwest of    No open season.
     the headwaters of Fireweed and
     Blueberry Creeks (north of Mt.
     Veniaminof) to and including the
     Sandy River drainage on the Bristol
     Bay side of the Alaska Peninsula; and
     that portion south of Seal Cape to
     Ramsey Bay on the Pacific side of the
     Alaska Peninsula divide is closed to
     all hunting of caribou.
    Remainder of Unit 9(E)--4 caribou.....  Aug. 10-Apr. 30
Sheep:
    Unit 9(B)--Residents of Iliamna,        Aug. 10-Oct. 10.
     Newhalen, Nondalton, Pedro Bay, and
     Port Alsworth only--1 ram with 7/8
     curl horn by Federal registration
     permit only.
    Remainder of Unit 9--1 ram with 7/8     Aug. 10-Sept. 20
     curl horn.
Moose:
    Unit 9(A)--1 bull.....................  Sept. 1-Sept. 15.
    Unit 9(B)--1 bull.....................  Aug. 20-Sept. 15.
                                            Dec. 1-Dec. 31.
    Unit 9(C)--that portion draining into   Sept. 1-Sept. 15.
     the Naknek River from the north--1     Dec. 1-Dec. 31.
     bull.
    Unit 9(C)--that portion draining into   Aug. 20-Sept. 15.
     the Naknek River from the south--1     Dec. 1-Dec. 31.
     bull. However, during the period Aug.
     20-Aug. 31, bull moose may be taken
     by Federal registration permit only
     During the December hunt, antlerless
     moose may be taken by Federal
     registration permit only. The
     antlerless season will be closed when
     5 antlerless moose have been taken.
     Public lands are closed during
     December for the hunting of moose,
     except by eligible rural Alaska
     residents.
Remainder of Unit 9(C)--1 moose; however,   Sept. 1-Sept. 15.
 antlerless moose may be taken only from    Dec. 1-Dec. 31.
 Dec. 1-Dec. 31
    Unit 9(E)--1 bull.....................  Sept. 1-Sept. 20.
                                            Dec. 1-Dec. 31
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30
Fox, Arctic (Blue and White): No limit....  Dec. 1-Mar. 15
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30
Lynx: 2 lynx..............................  Nov. 10-Feb. 28
Wolf: 5 wolves............................  Aug. 10-Apr. 30
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 9(B)--40 beaver per season;        Jan. 1-May 31.
     however, no more than 20 may be taken
     between Apr. 1-May 31.
    Remainder of Unit 9--40 beaver per      Jan. 1-Apr. 30.
     season; however, no more than 20 may
     be taken between Apr. 1-Apr. 30.
Coyote: No limit..........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White): No limit....  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 10-Feb. 28.
Marten: No limit..........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit.................  Nov. 10-Feb. 28.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Feb. 28.

[[Page 238]]

------------------------------------------------------------------------

    (10) Unit 10. (i) Unit 10 consists of the Aleutian Islands, Unimak 
Island and the Pribilof Islands.
    (ii) On Otter Island in the Pribilof Islands the taking of any 
wildlife species for subsistence uses is prohibited.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Caribou:
    Unit 10--Unimak Island only...........  No open season.
    Remainder of Unit 10--No limit........  July 1-June 30.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No      July 1-June 30.
 limit.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Ptarmigan (Rock, Willow, and White-         Aug. 10--Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No      July 1-June 30.
 limit.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Mink and Weasel: No limit.................  Nov. 10-Feb. 28.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (11) Unit 11. Unit 11 consists of that area draining into the 
headwaters of the Copper River south of Suslota Creek and the area 
drained by all tributaries into the east bank of the Copper River 
between the confluence of Suslota Creek with the Slana River and Miles 
Glacier.
    (i) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.
    (ii) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Caribou: Unit 11..........................  No open season.
Sheep:
    1 sheep...............................  Aug. 10-Sept. 20.
    1 sheep by Federal registration permit  Sept. 21-Oct. 20.
     only by persons 60 years of age or
     older. No designated hunter permits
     will be issued for this hunt.
Goat: Unit 11--that portion within the      Aug. 25-Dec. 31.
 Wrangell-St. Elias National Park and
 Preserve--1 goat by Federal registration
 permit only. Federal public lands will be
 closed to the harvest of goats when a
 total of 45 goats have been harvested
 between Federal and State hunts.
Moose: 1 antlered bull....................  Aug. 25-Sept. 20.
Coyote: 2 coyotes.........................  Sept. 1--Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Dec. 15-Jan. 15.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Jan. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Mar. 31.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in possession..
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season..............  Nov. 10-Apr. 30.
Coyote: No limit..........................  Nov. 10-Mar. 31.

[[Page 239]]

Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (12) Unit 12. Unit 12 consists of the Tanana River drainage upstream 
from the Robertson River, including all drainages into the east bank of 
the Robertson River, and the White River drainage in Alaska, but 
excluding the Ladue River drainage.
    (i) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and
    June 30;
    (B) Trapping of wolves in Unit 12 during April and October with a 
steel trap, or with a snare using cable smaller than 3/32 inch diameter, 
is prohibited;
    (C) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.
    (ii) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear: 1 bear........................  Aug. 10-June 30.
Caribou:
    Unit 12--that portion west of the       No open season.
     Nabesna River within the drainages of
     Jack Creek, Platinum Creek, and
     Totschunda Creek--The taking of
     caribou is prohibited on public lands
    Unit 12--that portion lying east of     No open season.
     the Nabesna River and Nabesna
     Glacier, and south of the Winter
     Trail running southeast from Pickerel
     Lake to the Canadian border--The
     taking of caribou is prohibited on
     public lands
    Remainder of Unit 12--1 bull..........  Sept. 1-Sept. 20.
    1 bull caribou may be taken by a        Winter season to be
     Federal registration permit during a    announced by the Board.
     winter season to be announced
Sheep: 1 ram with full curl horn or larger  Aug. 10-Sept. 20.
Moose:
    Unit 12--that portion within the        Aug. 20-Aug. 28.
     Tetlin National Wildlife Refuge and    Sept. 1-Sept. 15.
     those lands within the Wrangell-St.    Nov. 20-Nov. 30.
     Elias National Preserve north and
     east of a line formed by the Pickerel
     Lake Winter Trail from the Canadian
     border to the southern boundary of
     the Tetlin National Wildlife Refuge--
     1 antlered bull; however during the
     Aug. 20-Aug. 28 season only bulls
     with spike/fork antlers may be taken.
     The November season is open by
     Federal registration permit only
    Unit 12--that portion lying east of     Aug. 20-Aug. 28.
     the Nabesna River and Nabesna Glacier  Sept. 1-Sept. 30.
     and south of the Winter Trail running
     southeast from Pickerel Lake to the
     Canadian border--1 antlered bull;
     however during the Aug. 20-Aug. 28
     season only bulls with spike/fork
     antlers may be taken
    Unit 12--Remainder--1 antlered bull;    Aug. 20-Aug. 28.
     however during the Aug. 20-Aug. 28     Sept. 1-Sept. 15.
     season only bulls with spike/fork
     antlers may be taken
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 1-Jan. 31.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Mar. 31.
 tailed): 15 per day, 30 in possession
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 15 beaver per season..............  Nov. 1-Apr. 15.
Coyote: No limit..........................  Nov. 1-Feb. 28.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 28.
 Silver Phases): No limit.

[[Page 240]]

Lynx: No limit............................  Dec. 1-Feb. 28.
Marten: No limit..........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.................  Nov. 1-Feb. 28.
Muskrat: No limit.........................  Sept. 20-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Oct. 1-Apr. 30.
Wolverine: No limit.......................  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (13) Unit 13. (i) Unit 13 consists of that area westerly of the east 
bank of the Copper River and drained by all tributaries into the west 
bank of the Copper River from Miles Glacier and including the Slana 
River drainages north of Suslota Creek; the drainages into the Delta 
River upstream from Falls Creek and Black Rapids Glacier; the drainages 
into the Nenana River upstream from the southeast corner of Denali 
National Park at Windy; the drainage into the Susitna River upstream 
from its junction with the Chulitna River; the drainage into the east 
bank of the Chulitna River upstream to its confluence with Tokositna 
River; the drainages of the Chulitna River (south of Denali National 
Park) upstream from its confluence with the Tokositna River; the 
drainages into the north bank of the Tokositna River upstream to the 
base of the Tokositna Glacier; the drainages into the Tokositna Glacier; 
the drainages into the east bank of the Susitna River between its 
confluences with the Talkeetna and Chulitna Rivers; the drainages into 
the north bank of the Talkeetna River; the drainages into the east bank 
of the Chickaloon River; the drainages of the Matanuska River above its 
confluence with the Chickaloon River:
    (A) Unit 13(A) consists of that portion of Unit 13 bounded by a line 
beginning at the Chickaloon River bridge at Mile 77.7 on the Glenn 
Highway, then along the Glenn Highway to its junction with the 
Richardson Highway, then south along the Richardson Highway to the foot 
of Simpson Hill at Mile 111.5, then east to the east bank of the Copper 
River, then northerly along the east bank of the Copper River to its 
junction with the Gulkana River, then northerly along the west bank of 
the Gulkana River to its junction with the West Fork of the Gulkana 
River, then westerly along the west bank of the West Fork of the Gulkana 
River to its source, an unnamed lake, then across the divide into the 
Tyone River drainage, down an unnamed stream into the Tyone River, then 
down the Tyone River to the Susitna River, then down the southern bank 
of the Susitna River to the mouth of Kosina Creek, then up Kosina Creek 
to its headwaters, then across the divide and down Aspen Creek to the 
Talkeetna River, then southerly along the boundary of Unit 13 to the 
Chickaloon River bridge, the point of beginning;
    (B) Unit 13(B) consists of that portion of Unit 13 bounded by a line 
beginning at the confluence of the Copper River and the Gulkana River, 
then up the east bank of the Copper River to the Gakona River, then up 
the Gakona River and Gakona Glacier to the boundary of Unit 13, then 
westerly along the boundary of Unit 13 to the Susitna Glacier, then 
southerly along the west bank of the Susitna Glacier and the Susitna 
River to the Tyone River, then up the Tyone River and across the divide 
to the headwaters of the West Fork of the Gulkana River, then down the 
West Fork of the Gulkana River to the confluence of the Gulkana River 
and the Copper River, the point of beginning;
    (C) Unit 13(C) consists of that portion of Unit 13 east of the 
Gakona River and Gakona Glacier;
    (D) Unit 13(D) consists of that portion of Unit 13 south of Unit 
13(A);
    (E) Unit 13(E) consists of the remainder of Unit 13.
    (ii) Within the following areas, the taking of wildlife for 
subsistence uses is prohibited or restricted on public lands:
    (A) Lands within Mount McKinley National Park as it existed prior to 
December 2, 1980 are closed to subsistence. Subsistence uses as 
authorized by this paragraph (k)(13) are permitted in

[[Page 241]]

Denali National Preserve and lands added to Denali National Park on 
December 2, 1980;
    (B) Use of motorized vehicles or pack animals for hunting is 
prohibited from Aug. 5--Aug. 25 in the Delta Controlled Use Area, the 
boundary of which is defined as: a line beginning at the confluence of 
Miller Creek and the Delta River, then west to vertical angle bench mark 
Miller, then west to include all drainages of Augustana Creek and Black 
Rapids Glacier, then north and east to include all drainages of McGinnis 
Creek to its confluence with the Delta River, then east in a straight 
line across the Delta River to Mile 236.7 Richardson Highway, then north 
along the Richardson Highway to its junction with the Alaska Highway, 
then east along the Alaska Highway to the west bank of the Johnson 
River, then south along the west bank of the Johnson River and Johnson 
Glacier to the head of the Cantwell Glacier, then west along the north 
bank of the Canwell Glacier and Miller Creek to the Delta River;
    (C) Except for access and transportation of harvested wildlife on 
Sourdough and Haggard Creeks, Meiers Lake trails, or other trails 
designated by the Board, the use of motorized vehicles for subsistence 
hunting, is prohibited in the Sourdough Controlled Use Area. The 
Sourdough Controlled Use Area consists of that portion of Unit 13(B) 
bounded by a line beginning at the confluence of Sourdough Creek and the 
Gulkana River, then northerly along Sourdough Creek to the Richardson 
Highway at approximately Mile 148, then northerly along the Richardson 
Highway to the Meiers Creek Trail at approximately Mile 170, then 
westerly along the trail to the Gulkana River, then southerly along the 
east bank of the Gulkana River to its confluence with Sourdough Creek, 
the point of beginning.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Caribou: 2 caribou by Federal registration  Aug. 10-Sept. 30.
 permit only. Hunting within the Trans-     Oct. 21-Mar. 31
 Alaska Oil Pipeline right-of-way is
 prohibited. The right-of-way is
 identified as the area occupied by the
 pipeline (buried or above ground) and the
 cleared area 25 feet on either side of
 the pipeline.
Sheep: Unit 13--excluding Unit 13(D) and    Aug. 10-Sept. 20.
 the Tok and Delta Management Areas--1 ram
 with 7/8 curl horn.
Moose:
    Unit 13(E)--1 antlered bull moose by    Aug. 1-Sept. 20.
     Federal registration permit only;
     only 1 permit will be issued per
     household.
    Unit 13--Remainder--1 antlered bull     Aug. 1-Sept. 20.
     moose by Federal registration permit
     only.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Dec. 15-Jan. 15.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Jan. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Mar. 31.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season..............  Oct. 10-Apr. 30.
Coyote: No limit..........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 1-Feb. 15.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.

[[Page 242]]

Wolverine: No limit.......................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (14) Unit 14. (i) Unit 14 consists of drainages into the north side 
of Turnagain Arm west of and excluding the Portage Creek drainage, 
drainages into Knik Arm excluding drainages of the Chickaloon and 
Matanuska Rivers in Unit 13, drainages into the north side of Cook Inlet 
east of the Susitna River, drainages into the east bank of the Susitna 
River downstream from the Talkeetna River, and drainages into the south 
bank of the Talkeetna River:
    (A) Unit 14(A) consists of drainages in Unit 14 bounded on the west 
by the Susitna River, on the north by Willow Creek, Peters Creek, and by 
a line from the head of Peters Creek to the head of the Chickaloon 
River, on the east by the eastern boundary of Unit 14, and on the south 
by Cook Inlet, Knik Arm, the south bank of the Knik River from its mouth 
to its junction with Knik Glacier, across the face of Knik Glacier and 
along the north side of Knik Glacier to the Unit 6 boundary;
    (B) Unit 14(B) consists of that portion of Unit 14 north of Unit 
14(A);
    (C) Unit 14(C) consists of that portion of Unit 14 south of Unit 
14(A).
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) the Fort Richardson and Elmendorf Air Force Base Management 
Areas, consisting of the Fort Richardson and Elmendorf Military 
Reservation, are closed to the subsistence taking of wildlife;
    (B) the Anchorage Management Area, consisting of all drainages south 
of Elmendorf and Fort Richardson military reservations and north of and 
including Rainbow Creek is closed to subsistence taking of wildlife.
    (iii) Unit-specific regulations:
    (A) In Unit 14(A), bait may be used to hunt black bear between April 
15 and May 25.
    (B) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: Unit 14(C)--1 bear............  July 1-June 30.
Coyote: Unit 14(C)--2 coyotes.............  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 15.
 Silver Phases): Unit 14(C)--2 foxes.
Hare (Snowshoe and Tundra): Unit 14(C)--5   Sept. 8-Apr. 30.
 hares per day.
Lynx: Unit 14(C)--2 lynx..................  Dec. 15-Jan. 15.
Wolf: Unit 14(C)--5 wolves................  Aug. 10-Apr. 30.
Wolverine: Unit 14(C)--1 wolverine........  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Sept. 8-Mar. 31.
 tailed): Unit 14(C)--5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White-         Sept. 8-Mar. 31.
 tailed): Unit 14(C)--10 per day, 20 in
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 14(C)--that portion within     Dec. 1-Apr. 15.
 the drainages of Glacier Creek, Kern
 Creek, Peterson Creek, the Twentymile
 River and the drainages of Knik River
 outside Chugach State Park--20 beaver per
 season.
Coyote: Unit 14(C)--No limit..............  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): Unit 14(C)--1 fox.
Lynx: Unit 14(C)--No limit................  Dec. 15-Jan. 15.
Marten: Unit 14(C)--No limit..............  Nov. 10-Jan. 31.
Mink and Weasel: Unit 14(C)--No limit.....  Nov. 10-Jan. 31.
Muskrat: Unit 14(C)--No limit.............  Nov. 10-May 15.
Otter: Unit 14(C)--No limit...............  Nov. 10-Feb. 28.
Wolf: Unit 14(C)--No limit................  Nov. 10-Feb. 28.
Wolverine: Unit 14(C)--No limit...........  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (15) Unit 15. (i) Unit 15 consists of that portion of the Kenai 
Peninsula and adjacent islands draining into the Gulf of Alaska, Cook 
Inlet and Turnagain Arm from Gore Point to the point where longitude 
line 150 deg. 00' W.

[[Page 243]]

crosses the coastline of Chickaloon Bay in Turnagain Arm, including that 
area lying west of longitude line 150 deg. 00' W. to the mouth of the 
Russian River, then southerly along the Chugach National Forest boundary 
to the upper end of Upper Russian Lake; and including the drainages into 
Upper Russian Lake west of the Chugach National Forest boundary:
    (A) Unit 15(A) consists of that portion of Unit 15 north of the 
Kenai River and Skilak Lake;
    (B) Unit 15(B) consists of that portion of Unit 15 south of the 
Kenai River and Skilak Lake, and north of the Kasilof River, Tustumena 
Lake, Glacier Creek, and Tustumena Glacier;
    (C) Unit 15(C) consists of the remainder of Unit 15.
    (ii) The Skilak Loop Management Area, which consists of that portion 
of Unit 15(A) bounded by a line beginning at the eastern most junction 
of the Sterling Highway and the Skilak Loop (milepost 76.3), then due 
south to the south bank of the Kenai River, then southerly along the 
south bank of the Kenai River to its confluence with Skilak Lake, then 
westerly along the north shore of Skilak Lake to Lower Skilak Lake 
Campground, then northerly along the Lower Skilak Lake Campground Road 
and the Skilak Loop Road to its western most junction with the Sterling 
Highway, then easterly along the Sterling Highway to the point of 
beginning, is closed to the taking of wildlife, except that grouse, 
ptarmigan, and hares may be taken only from October 1-March 1 by bow and 
arrow only.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15;
    (B) The Skilak Loop Wildlife Management Area is closed to 
subsistence trapping of furbearers;
    (C) That portion of Unit 15(B) east of the Kenai River, Skilak Lake, 
Skilak River, and Skilak Glacier is closed to the trapping of marten;
    (D) Taking a red fox in Unit 15 by any means other than a steel trap 
or snare is prohibited;
    (E) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take moose on his or her 
behalf. The designated hunter must obtain a designated hunter permit and 
must return a completed harvest report. The designated hunter may hunt 
for any number of recipients but may have no more than two harvest 
limits in his/her possession at any one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear
    Unit 15(C)--3 bears...................  July 1-June 30
        Unit 15 Remainder.................  No open season.
Moose:
    Unit 15(A)--excluding the Skilak Loop   Aug. 18-Sept. 20.
     Wildlife Management Area.--1 antlered
     bull with spike-fork or 50-inch
     antlers or with 3 or more brow tines
     on either antler, by Federal
     registration permit only.
    Unit 15(A)--Skilak Loop Wildlife        No open season.
     Management Area.
    Unit 15(B) and (C)--1 antlered bull     Aug. 10-Sept. 20.
     with spike-fork or 50-inch antlers or
     with 3 or more brow tines on either
     antler, by Federal registration
     permit only..
Coyote: No limit..........................  Sept. 1-Apr. 30
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Wolf:
    Unit 15--that portion within the Kenai  Aug. 10-Apr. 30.
     National Wildlife Refuge--2 Wolves.
    Unit 15--Remainder--5 Wolves..........  Aug. 10-Apr. 30.
Wolverine: 1 Wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in          Aug. 10-Mar. 31.
 possession.
Grouse (Ruffed)...........................  No open season.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 15(A) and (B)--20 per day, 40 in   Aug. 10-Mar. 31
     possession.
    Unit 15(C)--20 per day, 40 in           Aug. 10-Dec. 31
     possession.
    Unit 15(C)--5 per day, 10 in            Jan. 1-Mar. 31.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 Beaver per season..............  Dec. 1-Mar. 31.
Coyote: No limit..........................  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): 1 Fox.
Lynx: No limit............................  Jan. 1-Feb. 15.

[[Page 244]]

Marten:
    Unit 15(B)--that portion east of the    No open season.
     Kenai River, Skilak Lake, Skilak
     River and Skilak Glacier.
    Remainder of Unit 15--No limit........  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-May 15.
Otter:
    Unit 15(A), (B)--No limit.............  Nov. 10-Jan. 31.
    Unit 15(C)--No limit..................  Nov. 10-Feb. 28.
Wolf: No limit............................  Nov. 10-Feb. 28.
Wolverine: Unit 15(B) and (C)--No limit...  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (16) Unit 16. (i) Unit 16 consists of the drainages into Cook Inlet 
between Redoubt Creek and the Susitna River, including Redoubt Creek 
drainage, Kalgin Island, and the drainages on the west side of the 
Susitna River (including the Susitna River) upstream to its confluence 
with the Chulitna River; the drainages into the west side of the 
Chulitna River (including the Chulitna River) upstream to the Tokositna 
River, and drainages into the south side of the Tokositna River upstream 
to the base of the Tokositna Glacier, including the drainage of the 
Kahiltna Glacier:
    (A) Unit 16(A) consists of that portion of Unit 16 east of the east 
bank of the Yentna River from its mouth upstream to the Kahiltna River, 
east of the east bank of the Kahiltna River, and east of the Kahiltna 
Glacier;
    (B) Unit 16(B) consists of the remainder of Unit 16.
    (ii) The Mount McKinley National Park, as it existed prior to 
December 2, 1980, is closed to subsistence uses. Subsistence uses as 
authorized by this paragraph (k)(16) are permitted in Denali National 
Preserve and lands added to Denali National Park on December 2, 1980.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15.
    (B) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Caribou: 1 caribou........................  4Aug. 10-Oct. 31.
Moose:....................................
    Unit 16(B)--Redoubt Bay Drainages       Sept. 1-Sept. 15.
     south and west of, and including the
     Kustatan River drainage--1 antlered
     bull.
    Remainder of Unit 16(B)--1 moose;       Sept. 1-Sept. 30.
     however, antlerless moose may be       Dec. 1-Feb. 28.
     taken only from Sept. 25-Sept. 30 and
     from Dec. 1-Feb. 28 by Federal
     registration permit only.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Dec. 15-Jan. 15.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Mar. 31.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season..............  Nov. 10-Apr. 30.
Coyote: No limit..........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Dec. 15-Jan. 15.
Marten: No limit..........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Feb. 28.
------------------------------------------------------------------------


[[Page 245]]

    (17) Unit 17. (i) Unit 17 consists of drainages into Bristol Bay and 
the Bering Sea between Etolin Point and Cape Newenham, and all islands 
between these points including Hagemeister Island and the Walrus 
Islands:
    (A) Unit 17(A) consists of the drainages between Cape Newenham and 
Cape Constantine, and Hagemeister Island and the Walrus Islands;
    (B) Unit 17(B) consists of the Nushagak River drainage upstream 
from, and including the Mulchatna River drainage, and the Wood River 
drainage upstream from the outlet of Lake Beverley;
    (C) Unit 17(C) consists of the remainder of Unit 17.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Except for aircraft and boats and in legal hunting camps, the 
Upper Mulchatna Controlled Use Area consisting of Unit 17(B), is closed 
from Aug. 1-Nov. 1 to the use of any motorized vehicle for hunting 
ungulates, bear, wolves and wolverine, including transportation of 
hunters and parts of ungulates, bear, wolves or wolverine;
    (B) The Western Alaska Brown Bear Management Area which consists of 
Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake and Tikchik 
Lake, Unit 18, and that portion of Unit 19(A) and (B) downstream of and 
including the Aniak River drainage, is open to brown bear hunting by 
State registration permit in lieu of a resident tag; no resident tag is 
required for taking brown bears in the Western Alaska Brown Bear 
Management Area, provided that the hunter has obtained a State 
registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
15.
    (B) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears.......................  Aug. 1-May 31.
Brown Bear: Unit 17--1 bear by State        Sept. 1-May 31.
 registration permit only.
Caribou:
    Unit 17(A) and (C)--that portion of     Aug. 1-Sept. 30.
     17(A) and (C) consisting of the        Dec. 1-Mar. 31.
     Nushagak Peninsula south of the
     Igushik River, Tuklung River and
     Tuklung Hills, west to Tvativak Bay--
     2 caribou by Federal registration
     permit. Public lands are closed to
     the taking of caribou except by the
     residents of Togiak, Twin Hills,
     Manokotak, Aleknagik, Dillingham,
     Clark's Point, and Ekuk during
     seasons identified above.
    Unit 17(B) and (C)--that portion of     Aug. 1-Apr. 15.
     17(C) east of the Wood River and
     Woood River Lakes--5 caribou;
     however, no more than 2 bulls may be
     taken from Oct. 1-Nov. 30.
    Unit 17(A), remainder and 17(C),        Season, harvest limit, and
     remainder--selected drainages; a        hunt area to be announced
     harvest limit of up to 5 caribou will   by the Togiak National
     be determined at the time the season    Wildife Refuge Manager
     is announced.                           between Aug. 1-Mar. 31.
Sheep: 1 ram with full curl horn or larger  Aug. 10-Sept. 20.
Moose:
    Unit 17(A)............................  No open season.
    Unit 17(B)--that portion that includes  Aug. 20-Sept. 15.
     all the Mulchatna River drainage
     upstream from and including the
     Chilchitna River drainage--1 bull by
     State registration permit only during
     the period Aug. 20-Aug. 31. During
     the period Sept. 1-Sept. 15 only a
     spike/fork bull or a bull with 50-
     inch antlers or with 3 or more brow
     tines on one side may be taken with a
     State harvest ticket.
    Unit 17(C)--that portion that includes  Aug. 20-Sept. 15.
     the Iowithla drainage and Sunshine
     Valley and all lands west of Wood
     River and south of Aleknagik Lake--1
     bull by State registration permit
     only during the period Aug. 20-Aug.
     31. During the period Sept. 1-Sept.
     15 only a spike/fork bull or a bull
     with 50-inch antlers or with 3 or
     more brow tines on one side may be
     taken with a State harvest ticket.
    Remainder of Unit 17(B) and (C)--1      Aug. 20-Sept. 15.
     bull by State registration permit      Dec. 1-Dec. 31.
     only during the periods Aug. 20-Aug.
     31 and Dec. 1-Dec. 31. During the
     period Sept. 1-Sept. 15 only a spike/
     fork bull or a bull with 50-inch
     antlers or with 3 or more brow tines
     on one side may be taken with a State
     harvest ticket.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No      Dec. 1-Mar. 15.
 limit.
Fox, Red (including Cross, Black and        Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 10-Feb. 28.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.

[[Page 246]]

Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 17--40 beaver per season.....  Nov. 10-Feb. 28.
Coyote: No limit..........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No      Nov. 10-Mar. 31.
 limit.
Fox, Red (including Cross, Black and        Nov. 10-Mar. 31.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 10-Mar. 31.
Marten: No limit..........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit.................  Nov. 10-Feb. 28.
Muskrat: 2 muskrats.......................  Nov. 10-Feb. 28.
Otter: No limit...........................  Nov. 10-Feb. 28.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (18) Unit 18. (i) Unit 18 consists of that area draining into the 
Yukon and Kuskokwim Rivers downstream from a straight line drawn between 
Lower Kalskag and Paimiut and the drainages flowing into the Bering Sea 
from Cape Newenham on the south to and including the Pastolik River 
drainage on the north; Nunivak, St. Matthew, and adjacent islands 
between Cape Newenham and the Pastolik River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) The Kalskag Controlled Use Area which consists of that portion 
of Unit 18 bounded by a line from Lower Kalskag on the Kuskokwim River, 
northwesterly to Russian Mission on the Yukon River, then east along the 
north bank of the Yukon River to the old site of Paimiut, then back to 
Lower Kalskag is closed to the use of aircraft for hunting any ungulate, 
bear, wolf, or wolverine, including the transportation of any hunter and 
ungulate, bear, wolf, or wolverine part; however, this does not apply to 
transportation of a hunter or ungulate, bear, wolf, or wolverine part by 
aircraft between publicly owned airports in the Controlled Use Area or 
between a publicly owned airport within the Area and points outside the 
Area;
    (B) The Western Alaska Brown Bear Management Area which consists of 
Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake and Tikchik 
Lake, Unit 18, and that portion of Unit 19(A) and (B) downstream of and 
including the Aniak River drainage, is open to brown bear hunting by 
State registration permit in lieu of a resident tag; no resident tag is 
required for taking brown bears in the Western Alaska Brown Bear 
Management Area, provided that the hunter has obtained a State 
registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) A firearm may be used to take beaver under a trapping license in 
Unit 18 from Apr. 1-Jun. 10;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou south of 
the Yukon River on his or her behalf. The designated hunter must obtain 
a designated hunter permit and must return a completed harvest report. 
The designated hunter may hunt for any number of recipients but may have 
no more than two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear: 1 bear by State registration    Sept. 1-May 31.
 permit only.
Caribou:

[[Page 247]]

    Unit 18--that portion south of the      Season to be announced by
     Yukon River--A harvest limit of up to   the Yukon Delta National
     5 caribou will be determined at the     Wildlife Refuge Manager
     time the season is announced and will   between Aug. 25 and Mar.
     be based on the management objectives   31.
     in the ``Qavilnguut (Kilbuck) Caribou
     Herd Cooperative Management Plan.''
     The season will be closed when the
     total harvest reaches guidelines as
     described in the approved
     ``Qavilnguut (Kilbuck) Caribou Herd
     Cooperative Management Plan''.
    Unit 18--that portion north of the      Aug. 1-Mar. 31.
     Yukon River--5 caribou per day..
    Remainder of Unit 18..................  No open season.
Moose:
    Unit 18--that portion north and west    Sept. 5-Sept. 25.
     of a line from Cape Romanzof to
     Kuzilvak Mountain, and then to
     Mountain Village, and west of, but
     not including, the Andreafsky River
     drainage--1 antlered bull.
    Unit 18--South of and including the     No open season.
     Kanektok River drainages.
    Unit 18--Kuskokwim River drainage--1    Aug. 25-Sept. 25.
     antlered bull. A 10-day hunt (1 bull,  Winter season to be
     evidence of sex required) will be       announced.
     opened by announcement sometime
     between Dec. 1 and Feb. 28.
    Remainder of Unit 18--1 antlered bull.  Sept. 1-Sept. 30.
     A 10-day hunt (1 bull, evidence of     Winter season to be
     sex required) will be opened by         announced.
     announcement sometime between Dec. 1
     and Feb. 28.
    Public lands in Unit 18 are closed to
     the hunting of moose, except by
     Federally-qualified rural Alaska
     residents during seasons identified
     above.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2       Sept. 1-Apr. 30.
 foxes.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 10-Mar. 31.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-May 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit..........................  Nov. 1-June 10.
Coyote: No limit..........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No      Nov. 10-Mar. 31.
 limit.
Fox, Red (including Cross, Black and        Nov. 10-Mar. 31.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 10-Mar. 31.
Marten: No limit..........................  Nov. 10-Mar. 31.
Mink and Weasel: No limit.................  Nov. 10-Jan. 31.
Muskrat: No limit.........................  Nov. 10-June 10.
Otter: No limit...........................  Nov. 10-Mar. 31.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 10-Mar. 31.
------------------------------------------------------------------------

    (19) Unit 19. (i) Unit 19 consists of the Kuskokwim River drainage 
upstream from a straight line drawn between Lower Kalskag and Piamiut:
    (A) Unit 19(A) consists of the Kuskokwim River drainage downstream 
from and including the Moose Creek drainage on the north bank and 
downstream from and including the Stony River drainage on the south 
bank, excluding Unit 19(B);
    (B) Unit 19(B) consists of the Aniak River drainage upstream from 
and including the Salmon River drainage, the Holitna River drainage 
upstream from and including the Bakbuk Creek drainage, that area south 
of a line from the mouth of Bakbuk Creek to the radar dome at Sparrevohn 
Air Force Base, including the Hoholitna River drainage upstream from 
that line, and the Stony River drainage upstream from and including the 
Can Creek drainage;
    (C) Unit 19(C) consists of that portion of Unit 19 south and east of 
a line from Benchmark M1.26 (approximately 1.26 
miles south of the northwest corner of the original Mt. McKinley 
National Park boundary) to the peak of Lone Mountain, then due west to 
Big River, including the Big River drainage upstream from that line, and 
including the Swift River drainage upstream from and including the North 
Fork drainage;
    (D) Unit 19(D) consists of the remainder of Unit 19.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:

[[Page 248]]

    (A) Lands within Mount McKinley National Park as it existed prior to 
December 2, 1980, are closed to subsistence uses. Subsistence uses as 
authorized by this paragraph (k)(19) are permitted in Denali National 
Preserve and lands added to Denali National Park on December 2, 1980;
    (B) The Upper Kuskokwim Controlled Use Area, which consists of that 
portion of Unit 19(D) upstream from the mouth of Big River including the 
drainages of the Big River, Middle Fork, South Fork, East Fork, and 
Tonzona River, and bounded by a line following the west bank of the 
Swift Fork (McKinley Fork) of the Kuskokwim River to 152 deg. 50' W. 
long., then north to the boundary of Denali National Preserve, then 
following the western boundary of Denali National Preserve north to its 
intersection with the Minchumina-Telida winter trail, then west to the 
crest of Telida Mountain, then north along the crest of Munsatli Ridge 
to elevation 1,610, then northwest to Dyckman Mountain and following the 
crest of the divide between the Kuskokwim River and the Nowitna 
drainage, and the divide between the Kuskokwim River and the Nixon Fork 
River to Loaf bench mark on Halfway Mountain, then south to the west 
side of Big River drainage, the point of beginning, is closed during 
moose hunting seasons to the use of aircraft for hunting moose, 
including transportation of any moose hunter or moose part; however, 
this does not apply to transportation of a moose hunter or moose part by 
aircraft between publicly owned airports in the Controlled Use Area, or 
between a publicly owned airport within the area and points outside the 
area;
    (C) The Western Alaska Brown Bear Management Area, which consists of 
Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake and Tikchik 
Lake, Unit 18, and that portion of Unit 19(A) and (B) downstream of and 
including the Aniak River drainage, is open to brown bear hunting by 
State registration permit in lieu of a resident tag; no resident tag is 
required for taking brown bears in the Western Alaska Brown Bear 
Management Area, provided that the hunter has obtained a State 
registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
30.
    (B) [Reserved]

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 19(A) and (B) that portion which   Sept. 1-May 31.
     is downstream of and including the
     Aniak River drainage--1 bear.
    Remainder of Unit 19(A), (B), and (D)-- Sept. 10-May 25.
     1 bear every four regulatory years.
Caribou:
    Unit 19(A) north of Kuskokwim River--1  Aug. 10-Sept. 30.
     caribou.                               Nov. 1-Feb. 28.
    Unit 19(A) south of the Kuskokwim       Aug.1-Apr. 15.
     River, and Unit 19(B) (excluding
     rural Alaska residents of Lime
     Village)--5 caribou.
    Unit 19(C)--1 caribou.................  Aug. 10-Oct. 10.
    Unit 19(D) south and east of the        Aug. 10-Sept. 30.
     Kuskokwim River and North Fork of the  Nov. 1-Jan. 31.
     Kuskokwim River--1 caribou.
    Remainder of Unit 19(D)--1 caribou....  Aug. 10-Sept. 30.
    Unit 19--Rural Alaska residents         July 1-June 30.
     domiciled in Lime Village only; no
     individual harvest limit but a
     village harvest quota of 200 caribou;
     cows and calves may not be taken from
     Apr. 1-Aug. 9. Reporting will be by a
     community reporting system..
Sheep: 1 ram with \7/8\ curl..............  Aug. 10-Sept. 20.
Moose:
    Unit 19--Rural Alaska residents of      July 1-June 30.
     Lime Village only--No individual
     harvest limit, but a village harvest
     quota of 40 moose (including those
     taken under the State Tier II
     system); either sex. Reporting will
     be by a community reporting system.
    Unit 19(A)--that portion north of the   Sept. 1-Sept. 20.
     Kuskokwim River upstream from, but     Nov. 20-Nov. 30.
     not including the Kolmakof River       Jan. 1-Jan. 10.
     drainage and south of the Kuskokwim    Feb. 1-Feb. 10.
     River upstream from, but not
     including the Holokuk River drainage--
     1 moose; however, antlerless moose
     may be taken only during the Feb. 1--
     Feb. 10 season.
    Remainder of Unit 19(A)--1 bull.......  Sept. 1-Sept. 20.
                                            Nov. 20-Nov. 30.
                                            Jan. 1-Jan. 10.
                                            Feb. 1-Feb. 10.

[[Page 249]]

    Unit 19(B)--1 antlered bull...........  Sept. 1-Sept. 30.
    Unit 19(C)--1 antlered bull...........  Sept. 1-Oct. 10.
    Unit 19(C)--1 bull by State             Jan. 15-Feb. 15.
     registration permit.
    Unit 19(D)--that portion of the Upper   Sept. 1-Sept. 30.
     Kuskokwim Controlled Use Area within
     the North Fork drainage upstream from
     the confluence of the South Fork to
     the mouth of the Swift Fork--1
     antlered bull.
    Unit 19(D)--remainder of the Upper      Sept. 1-Sept. 30.
     Kuskokwim Controlled Use Area--1 bull. Dec. 1-Feb. 28.
    Remainder of Unit 19(D)--1 antlered     Sept. 1-Sept. 30.
     bull.                                  Dec. 1-Dec. 15.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 1-Feb. 28.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit..........................  Nov. 1-Jun. 10.
Coyote: No limit..........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 1-Mar. 31.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 1-Feb. 28.
Marten: No limit..........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.................  Nov. 1-Feb. 28.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 30.
Wolverine: No limit.......................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (20) Unit 20. (i) Unit 20 consists of the Yukon River drainage 
upstream from and including the Tozitna River drainage to and including 
the Hamlin Creek drainage, drainages into the south bank of the Yukon 
River upstream from and including the Charley River drainage, the Ladue 
River and Fortymile River drainages and the Tanana River drainage north 
of Unit 13 and downstream from the east bank of the Robertson River:
    (A) Unit 20(A) consists of that portion of Unit 20 bounded on the 
south by the Unit 13 boundary, bounded on the east by the west bank of 
the Delta River, bounded on the north by the north bank of the Tanana 
River from its confluence with the Delta River downstream to its 
confluence with the Nenana River, and bounded on the west by the east 
bank of the Nenana River;
    (B) Unit 20(B) consists of drainages into the north bank of the 
Tanana River from and including Hot Springs Slough upstream to and 
including the Banner Creek drainage;
    (C) Unit 20(C) consists of that portion of Unit 20 bounded on the 
east by the east bank of the Nenana River and on the north by the north 
bank of the Tanana River downstream from the Nenana River;
    (D) Unit 20(D) consists of that portion of Unit 20 bounded on the 
east by the east bank of the Robertson River and on the west by the west 
bank of the Delta River, and drainages into the north bank of the Tanana 
River from its confluence with the Robertson River downstream to, but 
excluding the Banner Creek drainage;
    (E) Unit 20(E) consists of drainages into the south bank of the 
Yukon River upstream from and including the Charley River drainage, and 
the Ladue River drainage;
    (F) Unit 20(F) consists of the remainder of Unit 20.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) Lands within Mount McKinley National Park as it existed prior to 
December 2, 1980, are closed to subsistence uses. Subsistence uses as 
authorized by this paragraph (k)(20) are permitted in Denali National 
Preserve and lands added to Denali National Park on December 2, 1980;

[[Page 250]]

    (B) Use of motorized vehicles or pack animals for hunting is 
prohibited from Aug. 5-Aug. 25 in the Delta Controlled Use Area, the 
boundary of which is defined as: a line beginning at the confluence of 
Miller Creek and the Delta River, then west to vertical angle bench mark 
Miller, then west to include all drainages of Augustana Creek and Black 
Rapids Glacier, then north and east to include all drainages of McGinnis 
Creek to its confluence with the Delta River, then east in a straight 
line across the Delta River to Mile 236.7 Richardson Highway, then north 
along the Richardson Highway to its junction with the Alaska Highway, 
then east along the Alaska Highway to the west bank of the Johnson 
River, then south along the west bank of the Johnson River and Johnson 
Glacier to the head of the Canwell Glacier, then west along the north 
bank of the Canwell Glacier and Miller Creek to the Delta River;
    (C) The Dalton Highway Corridor Management Area, which consists of 
those portions of Units 20, 24, 25, and 26 extending five miles from 
each side of the Dalton Highway from the Yukon River to milepost 300 of 
the Dalton Highway, is closed to the use of motorized vehicles, except 
aircraft and boats, and to licensed highway vehicles, snowmobiles, and 
firearms except as provided below. The use of snowmobiles is authorized 
only for the subsistence taking of wildlife by residents living within 
the Dalton Highway Corridor Management Area. The use of licensed highway 
vehicles is limited only to designated roads within the Dalton Highway 
Corridor Management Area. The use of firearms within the Corridor is 
authorized only for the residents of Alatna, Allakaket, Anaktuvuk Pass, 
Bettles, Evansville, Stevens Village, and residents living within the 
Corridor;
    (D) The Glacier Mountain Controlled Use Area, which consists of that 
portion of Unit 20(E) bounded by a line beginning at Mile 140 of the 
Taylor Highway, then north along the highway to Eagle, then west along 
the cat trail from Eagle to Crooked Creek, then from Crooked Creek 
southwest along the west bank of Mogul Creek to its headwaters on North 
Peak, then west across North Peak to the headwaters of Independence 
Creek, then southwest along the west bank of Independence Creek to its 
confluence with the North Fork of the Fortymile River, then easterly 
along the south bank of the North Fork of the Fortymile River to its 
confluence with Champion Creek, then across the North Fork of the 
Fortymile River to the south bank of Champion Creek and easterly along 
the south bank of Champion Creek to its confluence with Little Champion 
Creek, then northeast along the east bank of Little Champion Creek to 
its headwaters, then northeasterly in a direct line to Mile 140 on the 
Taylor Highway, is closed to the use of any motorized vehicle for 
hunting from August 5-September 20; however, this does not prohibit 
motorized access via, or transportation of harvested wildlife on, the 
Taylor Highway or any airport;
    (E) The Minto Flats Management Area, which consists of that portion 
of Unit 20 bounded by the Elliot Highway beginning at Mile 118, then 
northeasterly to Mile 96, then east to the Tolovana Hotsprings Dome, 
then east to the Winter Cat Trail, then along the Cat Trail south to the 
Old Telegraph Trail at Dunbar, then westerly along the trail to a point 
where it joins the Tanana River three miles above Old Minto, then along 
the north bank of the Tanana River (including all channels and sloughs 
except Swan Neck Slough), to the confluence of the Tanana and Tolovana 
Rivers and then northerly to the point of beginning, is open to moose 
hunting by permit only;
    (F) The Fairbanks Management Area, which consists of the Goldstream 
subdivision (SE\1/4\SE\1/4\, Section 28 and Section 33, Township 2 
North, Range 1 West, Fairbanks Meridian) and that portion of Unit 20(B) 
bounded by a line from the confluence of Rosie Creek and the Tanana 
River, northerly along Rosie Creek to the divide between Rosie Creek and 
Cripple Creek, then down Cripple Creek to its confluence with Ester 
Creek, then up Ester Creek to its confluence with Ready Bullion Creek, 
then up Ready Bullion Creek to the summit of Ester Dome, then down Sheep 
Creek to its confluence with Goldstream Creek, then easterly along 
Goldstream Creek to its confluence with First Chance Creek, then up 
First

[[Page 251]]

Chance Creek to Tungsten Hill, then southerly along Steele Creek to its 
intersection with the Trans-Alaska Pipeline, then southerly along the 
pipeline right-of-way to the Chena River, then along the north bank of 
the Chena River to the Moose Creek dike, then southerly along Moose 
Creek dike to its intersection with the Tanana River, and then westerly 
along the north bank of the Tanana River to the point of beginning, is 
open to moose hunting by bow and arrow only.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
30;
    (B) Trapping of wolves in Unit 20(E) during April and October with a 
steel trap, or with a snare using cable smaller than \3/32\ inch 
diameter, is prohibited;
    (C) The taking of up to three moose per regulatory year by the 
residents of Unit 20 and 21 is allowed for the celebration known as the 
Nuchalawoyya Potlatch, under the terms of a Federal registration permit. 
Permits will be issued to individuals only at the request of the Native 
Village of Tanana. This three moose limit is not cumulative with that 
permitted by the State.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 20(E)--1 bear....................  Aug. 10-June 30
    Unit 20, remainder--1 bear every four   Sept. 1-May 31.
     regulatory years.
Caribou:
    Unit 20(E)--1 bull by Federal           Aug. 10-Sept. 30.
     registration permit only; the season   Nov. 15-Feb. 28.
     will close when a combined State/
     Federal harvest quota of 150 for the
     Fortymile herd has been reached
    Unit 20(F)--Tozitna River drainage--1   Aug. 10-Sept. 30.
     caribou; however, only bull caribou    Nov. 26-Dec. 10.
     may be taken Aug. 10-Sept. 30          Mar. 1-Mar. 15.
    Unit 20(F)--south of the Yukon River--  Dec. 1-Dec. 31.
     1 caribou.
    Remainder of Unit 20(F)--1 bull.......  Aug. 10-Sept. 30.
Moose:
    Unit 20(A)--1 antlered bull...........  Sept. 1-Sept. 20.
    Unit 20(B)--that portion within the     Sept. 1-Sept. 20.
     Minto Flats Management Area--1 bull    Jan. 10-Feb. 28.
     by Federal registration permit only
    Remainder of Unit 20(B)--1 antlered     Sept. 1-Sept. 20.
     bull.
    Unit 20(C)--that portion within Denali  Sept. 1-Sept. 30.
     National Park and Preserve west of     Nov. 15-Dec. 15.
     the Toklat River, excluding lands
     within Mount McKinley National Park
     as it existed prior to December 2,
     1980--1 antlered bull; however, white-
     phased or partial albino (more than
     50 percent white) moose may not be
     taken
    Remainder of Unit 20(C)--1 antlered     Sept. 1-Sept. 30.
     bull; however, white-phased or
     partial albino (more than 50 percent
     white) moose may not be taken
    Unit 20(E)--that portion within Yukon   Aug. 20-Sept. 30.
     Charley National Preserve--1 bull
    Unit 20(E)--that portion drained by     Aug. 20-Aug. 28.
     the Ladue, Sixty-mile, and Forty-mile  Sept. 1-Sept. 15.
     Rivers (all forks) from Mile 9\1/2\
     to Mile 145 Taylor Highway, including
     the Boundary Cutoff Road--1 antlered
     bull; however during the period Aug.
     20-Aug. 28 only a bull with Spike/
     fork antlers may be taken
    Unit 20(F)--that portion within the     Sept. 1-Sept. 25.
     Dalton Highway Corridor Management
     Area--1 antlered bull by Federal
     registration permit only
    Remainder of Unit 20(F)--1 antlered     Sept. 1-Sept. 25.
     bull.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx:
    Unit 20(E)--2 lynx....................  Nov. 1-Jan. 31.
    Remainder of Unit 20--2 lynx..........  Dec. 1-Jan. 31.
Wolf: 10 wolves...........................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-
 tailed):
    Unit 20(D)--that portion south of the   Aug. 25-Mar. 31.
     Tanana River and west of the Johnson
     River--15 per day, 30 in possession,
     provided that not more than 5 per day
     and 10 in possession are sharp-tailed
     grouse
    Unit 20--Remainder--15 per day, 30 in   Aug. 10-Mar. 31.
     possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 20--those portions within five     Aug. 10-Mar. 31.
     miles of Alaska Route 5 (Taylor
     Highway, both to Eagle and the Alaska-
     Canada boundary) and that portion of
     Alaska Route 4 (Richardson Highway)
     south of Delta Junction--20 per day,
     40 in possession
    Unit 20--Remainder--20 per day, 40 in   Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------

[[Page 252]]

                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 20(A), 20(B), Unit 20(C), Unit     Nov. 1-Apr. 15.
     20(E), and 20(D)--that portion
     draining into the north bank of the
     Tanana River, including the islands
     in the Tanana River--25 beaver
    Remainder of Unit 20(D)--15 beaver....  Feb. 1-Apr. 15.
    Unit 20(F)--50 beaver.................  Nov. 1-Apr. 15.
Coyote:
    Unit 20(E)--No limit..................  Nov. 1-Feb. 28.
    Remainder Unit 20--No limit...........  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx:
    Unit 20(A), (B), (D), (E), and (C)      Dec. 1-Feb. 28.
     east of the Teklanika River--No limit
    Unit 20(F) and the remainder of 20(C)-- Nov. 1-Feb. 28.
     No limit.
Marten: No limit..........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.................  Nov. 1-Feb. 28.
Muskrat:
    Unit 20(E)--No limit..................  Sept. 20-June 10.
    Remainder of Unit 20--No limit........  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf:
    Unit 20(E)--No limit..................  Oct. 1-Apr. 30
    Remainder of Unit 20--No limit........  Nov. 1-Mar. 31.
Wolverine: No limit.......................  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (21) Unit 21. (i) Unit 21 consists of drainages into the Yukon River 
upstream from Paimiut to, but not including the Tozitna River drainage 
on the north bank, and to, but not including the Tanana River drainage 
on the south bank; and excluding the Koyukuk River drainage upstream 
from the Dulbi River drainage:
    (A) Unit 21(A) consists of the Innoko River drainage upstream from 
and including the Iditarod River drainage, and the Nowitna River 
drainage upstream from the Little Mud River;
    (B) Unit 21(B) consists of the Yukon River drainage upstream from 
Ruby and east of the Ruby-Poorman Road, downstream from and excluding 
the Tozitna River and Tanana River drainages, and excluding the Nowitna 
River drainage upstream from the Little Mud River, and excluding the 
Melozitna River drainage upstream from Grayling Creek;
    (C) Unit 21(C) consists of the Melozitna River drainage upstream 
from Grayling Creek, and the Dulbi River drainage upstream from and 
including the Cottonwood Creek drainage;
    (D) Unit 21(D) consists of the Yukon River drainage from and 
including the Blackburn Creek drainage upstream to Ruby, including the 
area west of the Ruby-Poorman Road, excluding the Koyukuk River drainage 
upstream from the Dulbi River drainage, and excluding the Dulbi River 
drainage upstream from Cottonwood Creek;
    (E) Unit 21(E) consists of the Yukon River drainage from Paimiut 
upstream to, but not including the Blackburn Creek drainage, and the 
Innoko River drainage downstream from the Iditarod River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Koyukuk Controlled Use Area, which consists of those 
portions of Units 21 and 24 bounded by a line from the north bank of the 
Yukon River at Koyukuk, then northerly to the confluences of the Honhosa 
and Kateel Rivers, then northeasterly to the confluences of Billy Hawk 
Creek and the Huslia River (65 deg. 57' N. lat., 156 deg. 41' W. long.), 
then easterly to the south end of Solsmunket Lake, then east to Hughes, 
then south to Little Indian River, then southwesterly to the crest of 
Hochandochtla Mountain, then southwest to the mouth of Cottonwood Creek 
then southwest to Bishop Rock, then westerly along the north bank of the 
Yukon River (including Koyukuk Island) to the point of beginning, is 
closed during moose-hunting seasons to the use of aircraft for hunting 
moose, including transportation of any moose hunter or moose part; 
however, this does not apply to transportation of a

[[Page 253]]

moose hunter or moose part by aircraft between publicly owned airports 
in the controlled use area or between a publicly owned airport within 
the area and points outside the area; all hunters on the Koyukuk River 
passing the ADF&G operated check station at Ella's Cabin (15 miles 
upstream from the Yukon on the Koyukuk River) are required to stop and 
report to ADF&G personnel at the check station;
    (B) The Paradise Controlled Use Area, which consists of that portion 
of Unit 21 bounded by a line beginning at the old village of Paimiut, 
then north along the west bank of the Yukon River to Paradise, then 
northwest to the mouth of Stanstrom Creek on the Bonasila River, then 
northeast to the mouth of the Anvik River, then along the west bank of 
the Yukon River to the lower end of Eagle Island (approximately 45 miles 
north of Grayling), then to the mouth of the Iditarod River, then down 
the east bank of the Innoko River to its confluence with Paimiut Slough, 
then south along the east bank of Paimiut Slough to its mouth, and then 
to the old village of Paimiut, is closed during moose hunting seasons to 
the use of aircraft for hunting moose, including transportation of any 
moose hunter or part of moose; however, this does not apply to 
transportation of a moose hunter or part of moose by aircraft between 
publicly owned airports in the Controlled Use Area or between a publicly 
owned airport within the area and points outside the area.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
30;
    (B) A firearm may be used to take beaver with a trapping license in 
Unit 21(E) from Apr. 1-June 1;
    (C) The taking of up to three moose per regulatory year by the 
residents of Unit 20 and 21 is allowed for the celebration known as the 
Nuchalawoyya Potlatch, under the terms of a Federal registration permit. 
Permits will be issued to individuals only at the request of the Native 
Village of Tanana. This three moose limit is not cumulative with that 
permitted by the State;
    (D) The taking of up to three moose per regulatory year by the 
residents of Unit 21 is allowed for the celebration known as the Kaltag/
Nulato Stickdance, under the terms of a Federal registration permit. 
Permits will be issued to individuals only at the request of the Native 
Village of Kaltag or Nulato. This three moose limit is not cumulative 
with that permitted by the State.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear: 1 bear every four regulatory    Sept. 1-May 31.
 years.
Caribou:
    Unit 21(A)--1 caribou.................  Aug. 10-Sept. 30.
                                            Dec. 10-Dec. 20.
    Unit 21(B), (C), and (E)--1 caribou...  Aug. 10-Sept. 30.
    Unit 21(D)--North of the Yukon River    Aug. 10-Sept. 30.
     and east of the Koyukuk River 1        Winter season to be
     caribou; however, 2 additional          announced.
     caribou may be taken during a winter
     season to be announced.
    Unit 21(D)--Remainder (Western Arctic   July 1-June 30.
     Caribou herd)--5 caribou per day;
     however, cow caribou may not be taken
     May 16-June 30.
Moose:
    Unit 21(A)--1 bull....................  Aug. 20-Sept. 25.
                                            Nov. 1-Nov. 30.
    Unit 21(B) and (C)--1 antlered bull...  Sept. 5-Sept. 25.
    Unit 21(D)--1 moose; moose may not be   Sept. 1-Sept. 25.
     taken within one-half mile of the      Feg. 1-Feb. 10.
     Yukon River during the February
     season. During the Sept. 1-Sept. 25
     season a State registration permit is
     required within the Koyukuk
     Controlled Use Area.
    Unit 21(E)--1 moose; however, only      Aug. 20-Sept. 25.
     bulls may be taken from Aug. 20-Sept.  Feb. 1-Feb. 10.
     25; moose may not be taken within one-
     half mile of the Innoko or Yukon
     River during the February season.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 1-Feb. 28.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.

[[Page 254]]

Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 21--No Limit.................  Nov. 1-June 10.
Coyote: No limit..........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and        Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 1-Feb. 28.
Marten: No limit..........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.................  Nov. 1-Feb. 28.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 30.
Wolverine: No limit.......................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (22) Unit 22. (i) Unit 22 consists of Bering Sea, Norton Sound, 
Bering Strait, Chukchi Sea, and Kotzebue Sound drainages from, but 
excluding, the Pastolik River drainage in southern Norton Sound to, but 
not including, the Goodhope River drainage in Southern Kotzebue Sound, 
and all adjacent islands in the Bering Sea between the mouths of the 
Goodhope and Pastolik Rivers:
    (A) Unit 22(A) consists of Norton Sound drainages from, but 
excluding, the Pastolik River drainage to, and including, the Ungalik 
River drainage, and Stuart and Besboro Islands;
    (B) Unit 22(B) consists of Norton Sound drainages from, but 
excluding, the Ungalik River drainage to, and including, the Topkok 
Creek drainage;
    (C) Unit 22(C) consists of Norton Sound and Bering Sea drainages 
from, but excluding, the Topkok Creek drainage to, and including, the 
Tisuk River drainage, and King and Sledge Islands;
    (D) Unit 22(D) consists of that portion of Unit 22 draining into the 
Bering Sea north of, but not including, the Tisuk River to and including 
Cape York, and St. Lawrence Island;
    (E) Unit 22(E) consists of Bering Sea, Bering Strait, Chukchi Sea, 
and Kotzebue Sound drainages from Cape York to, but excluding, the 
Goodhope River drainage, and including Little Diomede Island and Fairway 
Rock.
    (ii) The Northwest Alaska Brown Bear Management Area, which consists 
of Unit 22, except 22(C), those portions of Unit 23, except the Baldwin 
Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A) is open to 
brown bear hunting by State registration permit in lieu of a resident 
tag; no resident tag is required for taking brown bears in the Northwest 
Alaska Brown Bear Management Area, provided that the hunter has obtained 
a State registration permit prior to hunting; aircraft may not be used 
in the Northwest Alaska Brown Bear Management Area in any manner for 
brown bear hunting under the authority of a brown bear State 
registration permit, including transportation of hunters, bears or parts 
of bears; however, this does not apply to transportation of bear hunters 
or bear parts by regularly scheduled flights to and between communities 
by carriers that normally provide scheduled service to this area, nor 
does it apply to transportation of aircraft to or between publicly owned 
airports.
    (iii) Unit-specific regulations:
    (A) A firearm may be used to take beaver with a trapping license in 
Unit 22 during the established seasons;
    (B) Coyote, incidentally taken with a trap or snare intended for red 
fox or wolf, may be used for subsistence purposes.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 22(A)--1 bear by State             Sept. 1-May 31.
     registration permit by residents of
     Unit 22(A) only.
    Unit 22(B)--1 bear by State             Sept. 1-May 31.
     registration permit by residents of
     Unit 22(B) only.

[[Page 255]]

    Unit 22(C)............................  No open session.
    Remainder of Unit 22--1 bear by State   Sept. 1-May 31.
     registration permit.
Caribou: Unit 22(A) and (B)--5 caribou per  July 1-June 30.
 day; however, cow caribou may not be
 taken May 16-June 30.
Moose:
    Unit 22(A)--1 bull; however, the        Aug. 1-Sept. 30.
     period of Dec. 1-Jan. 31 is            Dec. 1-Jan. 31.
     restricted to residents of Unit 22(A)
     only.
    Unit 22(B)--1 moose; however,           Aug. 1-Jan. 31.
     antlerless moose may be taken only
     from Dec. 1-Dec. 31; no person may
     take a cow accompanied by a calf.
    Unit 22(C)--1 antlered bull...........  Sept. 1-Sept. 14.
    Unit 22(D)--that portion within the     Aug. 1-Jan. 31.
     Kuzitrin River drainage--1 antlered
     bull.
    Unit 22(D), remainder--1 moose;         Aug. 1-Jan. 31.
     however, antlerless moose may be
     taken only from Dec. 1-Dec. 31; no
     person may take a cow accompanied by
     a calf.
    Unit 22(E)--1 moose; no person may      Aug. 1-Mar. 31.
     take a cow accompanied by a calf.
Muskox:
    Unit 22(D)--1 bull by Federal           Aug. 1-Mar. 15.
     registration permit or State Tier II
     permit. Federal public lands are
     closed to the taking of muskox except
     by Federally-qualified subsistence
     users. Twelve Federal permits may be
     issued in conjunction with the State
     Tier II hunt; the combined total of
     Federal and State permits will not
     exceed 36 permits. Six Federal
     permits will be issued for National
     Park Service lands and six for Bureau
     of Land Management lands.
    Unit 22(E)--1 bull by Federal           Aug. 1-Mar. 15.
     registration permit or State Tier II
     permit. Federal public lands are
     closed to the taking of muskox except
     by Federally-qualified subsistence
     users. Nine Federal permits may be
     issued in conjunction with the State
     Tier II hunt; the combined total of
     Federal and State permits will not
     exceed 18 permits.
    Remainder of Unit 22..................  No open season.
Beaver:
    Unit 22(A), (B), (D), and (E)--50       Nov. 1-June 10.
     beaver.
    Unit 22 Remainder.....................  No open season.
Coyote: Federal public lands are closed to  No open season.
 the taking of coyotes.
Fox, Arctic (Blue and White Phase): 2       Sept. 1-Apr. 30.
 foxes.
Fox, Red (including Cross, Black and        Nov. 1-Apr. 15.
 Silver Phases): 10 foxes.
Hare (Snowshoe and Tundra): No limit......  Sept. 1-Apr. 15.
Lynx: 2 lynx..............................  Nov. 1-Apr. 15.
Marten:
    Unit 22(A) 22(B)--No limit............  Nov. 1-Apr. 15.
    Unit 22 Remainder.....................  No open season.
Mink and Weasel: No limit.................  Nov. 1-Jan. 31.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 15.
Wolverine: 3 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 22(A) and 22(B) east of and        Aug. 10-Apr. 30.
     including the Niukluk River drainage--
     40 per day, 80 in possession.
    Unit 22 Remainder--20 per day, 40 in    Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 22(A), (B), (D), and (E)--50       Nov. 1-June 10.
     beaver.
    Unit 22(C)............................  No open season.
Coyote: Federal public lands are closed to  No open season.
 the taking of coyotes.
Fox, Arctic (Blue and White Phase): No      Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and        Nov. 1-Apr. 15.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 1-Apr. 15.
Marten: No limit..........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.................  Nov. 1-Jan. 31.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 15.
Wolverine: No limit.......................  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (23) Unit 23. (i) Unit 23 consists of Kotzebue Sound, Chukchi Sea, 
and Arctic Ocean drainages from and including the Goodhope River 
drainage to Cape Lisburne.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Noatak Controlled Use Area, which consists of that portion 
of Unit 23 in a corridor extending five miles on

[[Page 256]]

either side of the Noatak River beginning at the mouth of the Noatak 
River, and extending upstream to the mouth of Sapun Creek, is closed for 
the period August 25-September 15 to the use of aircraft in any manner 
either for hunting of ungulates, bear, wolves, or wolverine, or for 
transportation of hunters or harvested species. This does not apply to 
the transportation of hunters or parts of ungulates, bear, wolves, or 
wolverine by regularly scheduled flights to communities by carriers that 
normally provide scheduled air service;
    (B) The Northwest Alaska Brown Bear Management Area, which consists 
of Unit 22, except 22(C), those portions of Unit 23, except the Baldwin 
Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A) is open to 
brown bear hunting by State registration permit in lieu of a resident 
tag; no resident tag is required for taking brown bears in the Northwest 
Alaska Brown Bear Management Area, provided that the hunter has obtained 
a State registration permit prior to hunting; aircraft may not be used 
in the Northwest Alaska Brown Bear Management Area in any manner for 
brown bear hunting under the authority of a brown bear State 
registration permit, including transportation of hunters, bears or parts 
of bears; however, this does not apply to transportation of bear hunters 
or bear parts by regularly scheduled flights to and between communities 
by carriers that normally provide scheduled service to this area, nor 
does it apply to transportation of aircraft to or between publicly owned 
airports.
    (iii) Unit-specific regulations:
    (A) Caribou may be taken from a boat under power in Unit 23;
    (B) Swimming caribou may be taken with a firearm using rimfire 
cartridges;
    (C) A firearm may be used to take beaver with a trapping license in 
all of Unit 23 from Nov. 1-Jun. 10.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                  Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 23--except the Baldwin Peninsula   Sept. 1-May 31.
     north of the Arctic Circle--1 bear by
     State registration permit.
    Remainder of Unit 23--1 bear every      Sept. 1-Oct. 10.
     four regulatory years..                Apr. 15-May 25.
Caribou: 15 caribou per day; however, cow   July 1-June 30.
 caribou may not be taken May 16-June 30.
Sheep:
    Unit 23--that portion west of Howard    No open season.
     Pass and the Aniuk, Cutler and
     Redstone Rivers.
    Remainder of Unit 23--1 ram with 7/8    Aug. 10-Sept. 20.
     curl horn or larger.
    Remainder of Unit 23--1 sheep.........  Oct. 1-Apr. 30.
Moose:
    Unit 23--that portion north and west    July 1-Mar. 31.
     of and including the Singoalik River
     drainage, and all lands draining into
     the Kukpuk and Ipewik Rivers--1
     moose; no person may take a cow
     accompanied by a calf.
    Unit 23--that portion lying within the  Aug. 1-Sept. 15.
     Noatak River drainage--1 moose;        Oct. 1-Mar. 31.
     however, antlerless moose may be
     taken only from Nov. 1-Mar. 31; no
     person may take a cow accompanied by
     a calf.
    Remainder of Unit 23--1 moose; no       Aug. 1-Mar. 31.
     person may take a cow accompanied by
     a calf.
Muskox:
    Unit 23 South of Kotzebue Sound and     Aug. 1-Mar. 15.
     west of and including the Buckland
     River drainage--1 bull by Federal
     registration permit or State Tier II
     permit. Federal public lands are
     closed to the taking of muskox except
     by Federally-qualified subsistence
     users. Eight Federal permits may be
     issued in conjunction with the State
     Tier II hunt; the combined total of
     Federal and State permits will not
     exceed 10 permits.
    Remainder of Unit 23..................  No open season.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2       Sept. 1-Apr. 30.
 foxes.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Dec. 1-Jan. 15.
Wolf: 5 wolves............................  Nov. 10-Mar. 31.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------

[[Page 257]]

                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 23--the Kobuk and Selawik River    Nov. 1-June 10.
     drainages--50 beaver.
    Remainder of Unit 23-30 beaver........  Nov. 1-June 10.
Coyote: No limit..........................  Nov. 1-Apr. 15
Fox, Arctic (Blue and White Phase): No      Nov. 1-Apr. 15.
 limit..
Fox, Red (including Cross, Black and        Nov. 1-Apr. 15.
 Silver Phases): No limit..
Lynx: 3 lynx..............................  Dec. 1-Jan. 15.
Marten: No limit..........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.................  Nov. 1-Jan. 31.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 10-Mar. 31.
Wolverine: No limit.......................  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (24) Unit 24. (i) Unit 24 consists of the Koyukuk River drainage 
upstream from but not including the Dulbi River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Dalton Highway Corridor Management Area, which consists of 
those portions of Units 20, 24, 25, and 26 extending five miles from 
each side of the Dalton Highway from the Yukon River to milepost 300 of 
the Dalton Highway, is closed to the use of motorized vehicles, except 
aircraft and boats, and to licensed highway vehicles, snowmobiles, and 
firearms except as follows: The use of snowmobiles is authorized only 
for the subsistence taking of wildlife by residents living within the 
Dalton Highway Corridor Management Area. The use of licensed highway 
vehicles is limited only to designated roads within the Dalton Highway 
Corridor Management Area. The use of firearms within the Corridor is 
authorized only for the residents of Alatna, Allakaket, Anaktuvuk Pass, 
Bettles, Evansville, Stevens Village, and residents living within the 
Corridor;
    (B) The Kanuti Controlled Use Area, which consists of that portion 
of Unit 24 bounded by a line from the Bettles Field VOR to the east side 
of Fish Creek Lake, to Old Dummy Lake, to the south end of Lake 
Todatonten (including all waters of these lakes), to the northernmost 
headwaters of Siruk Creek, to the highest peak of Double Point Mountain, 
then back to the Bettles Field VOR, is closed during moose-hunting 
seasons to the use of aircraft for hunting moose, including 
transportation of any moose hunter or moose part; however, this does not 
apply to transportation of a moose hunter or moose part by aircraft 
between publicly owned airports in the controlled use area or between a 
publicly owned airport within the area and points outside the area;
    (C) The Koyukuk Controlled Use Area, which consists of those 
portions of Units 21 and 24 bounded by a line from the north bank of the 
Yukon River at Koyukuk, then northerly to the confluences of the Honhosa 
and Kateel Rivers, then northeasterly to the confluences of Billy Hawk 
Creek and the Huslia River (65 deg. 57' N. lat., 156 deg. 41' W. long.), 
then easterly to the south end of Solsmunket Lake, then east to Hughes, 
then south to Little Indian River, then southwesterly to the crest of 
Hochandochtla Mountain, then southwest to the mouth of Cottonwood Creek, 
then southwest to Bishop Rock, then westerly along the north bank of the 
Yukon River (including Koyukuk Island) to the point of beginning, is 
closed during moose-hunting seasons to the use of aircraft for hunting 
moose, including transportation of any moose hunter or moose part; 
however, this does not apply to transportation of a moose hunter or 
moose part by aircraft between publicly owned airports in the controlled 
use area or between a publicly owned airport within the area and points 
outside the area; all hunters on the Koyukuk River passing the ADF&G 
operated check station at Ella's Cabin (15 miles upstream from the Yukon 
on the Koyukuk River) are required to stop and report to ADF&G personnel 
at the check station;

[[Page 258]]

    (D) The Northwest Alaska Brown Bear Management Area, which consists 
of Unit 22, except 22(C), those portions of Unit 23, except the Baldwin 
Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A), is open 
to brown bear hunting by State registration permit in lieu of a resident 
tag. No resident tag is required for taking brown bears in the Northwest 
Alaska Brown Bear Management Area, provided that the hunter has obtained 
a State registration permit prior to hunting. Aircraft may not be used 
in the Northwest Alaska Brown Bear Management Area in any manner for 
brown bear hunting under the authority of a brown bear State 
registration permit, including transportation of hunters, bears or parts 
of bears. However, this does not apply to transportation of bear hunters 
or bear parts by regularly scheduled flights to and between communities 
by carriers that normally provide scheduled service to this area, nor 
does it apply to transportation of aircraft to or between publicly owned 
airports.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
30;
    (B) Arctic fox, incidentally taken with a trap or snare intended for 
red fox, may be used for subsistence purposes.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear: Unit 24--1 bear by State        Sept. 1-May 31.
 registration permit.
Caribou:..................................
    Unit 24--the Kanuti River drainage      Aug. 10-Sept. 30.
     upstream from Kanuti, Chalatna Creek,
     the Fish Creek drainage (including
     Bonanza Creek)--1 bull.
    Remainder of Unit 24--5 caribou per     July 1-June 30.
     day; however, cow caribou may not be
     taken May 16-June 30.
Sheep:
    Unit 24--(Anaktuvuk Pass residents      July 15-Dec. 31.
     only)--that portion within the Gates
     of the Arctic National Park--
     community harvest quota of 60 sheep,
     no more than 10 of which may be ewes
     and a daily possession limit of 3
     sheep per person no more than 1 of
     which may be a ewe.
    Unit 24--(excluding Anaktuvuk Pass      Aug. 1-Apr. 30.
     residents)--that portion within the
     Gates of the Arctic National Park--3
     sheep.
    Unit 24--that portion within the        Aug. 10-Sept. 20.
     Dalton Highway Corridor Management
     Area; except, Gates of the Arctic
     National Park--1 ram with 7/8 curl
     horn or larger by Federal
     registration permit only.
    Remainder of Unit 24--1 ram with 7/8    Aug. 10-Sept. 20.
     curl horn or larger.
Moose:
    Unit 24--that portion within the        Sept. 1-Sept. 25.
     Koyukuk Controlled Use Area--1 moose;  Dec. 1-Dec. 10.
     however, upstream from Huslia          Mar. 1-Mar. 10.
     antlerless moose may only be taken
     during the periods of Sept. 21-Sept.
     25, Dec. 1-Dec. 10, and Mar. 1-Mar.
     10.
    Unit 24--that portion that includes     Aug. 1-Dec. 31.
     the John River drainage within the
     Gates of the Arctic National Park--1
     moose.
    Unit 24--the Alatna River drainage      Aug. 25-Dec. 31.
     within the Gates of the Arctic         Mar. 1-Mar. 10.
     National Park--1 moose; however,
     antlerless moose may be taken only
     from Sept. 21-Sept. 25 and Mar. 1-
     Mar. 10.
    Unit 24--all drainages to the north of  Aug. 25-Sept. 25.
     the Koyukuk River upstream from and    Mar. 1-Mar. 10.
     including the Alatna River to and
     including the North Fork of the
     Koyukuk River, except those portions
     of the John River and the Alatna
     River drainages within the Gates of
     the Arctic National Park--1 moose;
     however, antlerless moose may be
     taken only from Sept. 21-Sept. 25 and
     Mar. 1-Mar. 10.
    Unit 24--that portion within the        Aug. 25-Sept. 25.
     Dalton Highway Corridor Management
     Area; except, Gates of the Arctic
     National Park--1 antlered bull by
     Federal registration permit only.
    Remainder of Unit 24--1 antlered bull.  Aug. 25-Sept. 25.
     Public lands in the Kanuti Controlled
     Use Area are closed to taking of
     moose, except by eligible rural
     Alaska residents.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and        Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 1-Feb. 28.
Wolf: 5 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit..........................  Nov. 1-Apr. 15.
Coyote: No limit..........................  Nov. 1-Mar. 31.

[[Page 259]]

Fox, Red (including Cross, Black and        Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit............................  Nov. 1-Feb. 28.
Marten: No limit..........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.................  Nov. 1-Feb. 28.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 30.
Wolverine: No limit.......................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (25) Unit 25. (i) Unit 25 consists of the Yukon River drainage 
upstream from but not including the Hamlin Creek drainage, and excluding 
drainages into the south bank of the Yukon River upstream from the 
Charley River:
    (A) Unit 25(A) consists of the Hodzana River drainage upstream from 
the Narrows, the Chandalar River drainage upstream from and including 
the East Fork drainage, the Christian River drainage upstream from 
Christian, the Sheenjek River drainage upstream from and including the 
Thluichohnjik Creek, the Coleen River drainage, and the Old Crow River 
drainage;
    (B) Unit 25(B) consists of the Little Black River drainage upstream 
from but not including the Big Creek drainage, the Black River drainage 
upstream from and including the Salmon Fork drainage, the Porcupine 
River drainage upstream from the confluence of the Coleen and Porcupine 
Rivers, and drainages into the north bank of the Yukon River upstream 
from Circle, including the islands in the Yukon River;
    (C) Unit 25(C) consists of drainages into the south bank of the 
Yukon River upstream from Circle to the Subunit 20(E) boundary, the 
Birch Creek drainage upstream from the Steese Highway bridge (milepost 
147), the Preacher Creek drainage upstream from and including the Rock 
Creek drainage, and the Beaver Creek drainage upstream from and 
including the Moose Creek drainage;
    (D) Unit 25(D) consists of the remainder of Unit 25.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Dalton Highway Corridor Management Area, which consists of 
those portions of Units 20, 24, 25, and 26 extending five miles from 
each side of the Dalton Highway from the Yukon River to milepost 300 of 
the Dalton Highway, is closed to the use of motorized vehicles, except 
aircraft and boats, and to licensed highway vehicles, snowmobiles, and 
firearms except as follows: The use of snowmobiles is authorized only 
for the subsistence taking of wildlife by residents living within the 
Dalton Highway Corridor Management Area. The use of licensed highway 
vehicles is limited only to designated roads within the Dalton Highway 
Corridor Management Area. The use of firearms within the Corridor is 
authorized only for the residents of Alatna, Allakaket, Anaktuvuk Pass, 
Bettles, Evansville, Stevens Village, and residents living within the 
Corridor;
    (B) The Arctic Village Sheep Management Area; that portion of Unit 
25(A) north and west of Arctic Village, which is bounded on the east by 
the East Fork Chandalar River beginning at the confluence of Red Sheep 
Creek and proceeding southwesterly downstream past Arctic Village to the 
confluence with Crow Nest Creek, continuing up Crow Nest Creek, through 
Portage Lake, to its confluence with the Junjik River; then down the 
Junjik River past Timber Lake and a larger tributary, to a major, 
unnamed tributary, northwesterly, for approximately 6 miles where the 
stream forks into two roughly equal drainages; the boundary follows the 
easternmost fork, proceeding almost due north to the headwaters and 
intersects the Continental Divide; the boundary then follows the 
Continental Divide easterly, through Carter Pass, then easterly and 
northeasterly approximately 62 miles along the divide to the head waters 
of the most northerly tributary of Red Sheep Creek then follows 
southerly along the divide designating the eastern extreme of the Red 
Sheep Creek drainage then to the confluence of Red

[[Page 260]]

Sheep Creek and the East Fork Chandalar River.
    (iii) Unit-specific regulations:
    (A) Bait may be used to hunt black bear between April 15 and June 
30;
    (B) Caribou and moose may be taken from a boat under power in Unit 
25.

------------------------------------------------------------------------
              Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears......................  July 1-June 30.
Caribou:
    Unit 25(A), (B), and the remainder of  July 1-Apr. 30.
     Unit 25(D)--10 caribou; however, no
     more than 5 caribou may be
     transported from these units per
     regulatory year.
    Unit 25(C)--that portion south and     Aug. 10-Sept. 30.
     east of the Steese Highway--1 bull    Nov. 15-Feb. 28.
     by Federal registration permit only;
     the season will close when a harvest
     quota for the Fortymile herd has
     been reached. The harvest quota will
     be determined by the Board after
     consultation with ADF&G and
     announced before the season opening.
    25(C)--that portion north and west of  Aug. 10-Sept. 20.
     the Steese Highway--1 caribou;        Feb. 15-Mar. 28.
     however, only bull caribou may be
     taken during the Aug. 10-Sept. 20
     season. During the winter season,
     caribou may be taken only with a
     Federal registration permit.
    Unit 25 (D)--that portion of Unit      Aug. 10-Sept. 30.
     25(D) drained by the west fork of     Dec. 1-Dec. 31.
     the Dall River west of 150 deg. W.
     long.--1 bull.
Sheep:
    Unit 25(A)--that portion within the    No open season.
     Dalton Highway Corridor Management
     Area..
    Units 25(A)--Arctic Village Sheep      Aug. 10-Apr. 30.
     Management Area--2 rams by Federal
     registration permit only. Public
     lands are closed to the taking of
     sheep except by rural Alaska
     residents of Arctic Village,
     Venetie, Fort Yukon, Kaktovik and
     Chalkytsik during seasons identified
     above.
    Remainder of Unit 25(A)--3 sheep by    Aug. 10-Apr. 30.
     Federal registration permit only.
Moose:
    Unit 25(A)--1 antlered bull..........  Aug. 25-Sept. 25.
                                           Dec. 1-Dec. 10.
    Unit 25(B)--that portion within Yukon  Aug. 20-Sept. 30.
     Charley National Preserve--1 bull.
    Unit 25(B)--that portion within the    Aug. 25-Sept. 30.
     Porcupine River drainage upstream     Dec. 1-Dec. 10.
     from, but excluding the Coleen River
     drainage--1 antlered bull.
    Unit 25(B)--that portion, other than   Sept. 5-Sept. 30.
     Yukon Charley National Preserve,      Dec. 1-Dec. 15.
     draining into the north bank of the
     Yukon River upstream from and
     including the Kandik River drainage,
     including the islands in the Yukon
     River--1 antlered bull.
    Remainder of Unit 25(B)--1 antlered    Aug. 25-Sept. 25.
     bull.                                 Dec. 1-Dec. 15.
    Unit 25(C)--1 antlered bull..........  Sept. 1-Sept. 15.
    Unit 25(D)(West)--that portion lying   Aug. 25-Feb. 28.
     west of a line extending from the
     Unit 25(D) boundary on Preacher
     Creek, then downstream along
     Preacher Creek, Birch Creek and
     Lower Mouth Birch Creek to the Yukon
     River, then downstream along the
     north bank of the Yukon River
     (including islands) to the
     confluence of the Hadweenzik River,
     then upstream along the west bank of
     the Hadweenzik River to the
     confluence of Forty and One-Half
     Mile Creek, then upstream along
     Forty and One-Half Mile Creek to
     Nelson Mountain on the Unit 25(D)
     boundary--1 bull by a Federal
     registration permit. Alternate
     permits allowing for designated
     hunters are available to qualified
     applicants who reside in Beaver,
     Birch Creek, or Stevens Village.
     Moose hunting on public land in this
     portion of Unit 25(D)(West) is
     closed at all times except for
     residents of Beaver, Birch Creek and
     Stevens Village during seasons
     identified above. The moose season
     will be closed when 30 moose have
     been harvested in the entirety of
     Unit 25(D)(West).
    Remainder of Unit 25(D)--1 antlered    Aug. 25-Sept. 25.
     moose.                                Dec. 1-Dec. 20.
Beaver:
    Unit 25, excluding Unit 25(C)--1       Apr. 16-Oct. 31.
     beaver per day; 1 in possession.
    Unit 25(C)...........................  No open season.
Coyote: 2 coyotes........................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and       Sept. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit.....  July 1-June 30.
Lynx:
    Unit 25(C)--2 lynx...................  Dec. 1-Jan. 31.
    Remainder of Unit 25--2 lynx.........  Nov. 1-Feb. 28.
Wolf:
    Unit 25(A)--No limit.................  Aug. 10-Apr. 30.
    Remainder of Unit 25--10 wolves......  Aug. 10-Apr. 30.
Wolverine: 1 wolverine                     Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-
 tailed):
    Unit 25(C)--15 per day, 30 in          Aug. 10-Mar. 31.
     possession.
    Remainder of Unit 25--15 per day, 30   Aug. 10-Apr. 30.
     in possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 25(C)--those portions within 5    Aug. 10-Mar. 31.
     miles of Route 6 (Steese Highway)--
     20 per day, 40 in possession.

[[Page 261]]

    Remainder of Unit 25--20 per day, 40   Aug. 10-Apr. 30.
     in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 25(C)--25 beaver................  Nov. 1-Apr. 15.
    Remainder of Unit 25--50 beaver......  Nov. 1-Apr. 15.
Coyote: No limit.........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and       Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit...........................  Nov. 1-Feb. 28.
Marten: No limit.........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit................  Nov. 1-Feb. 28.
Muskrat: No limit........................  Nov. 1-June 10.
Otter: No limit..........................  Nov. 1-Apr. 15.
Wolf: No limit...........................  Nov. 1-Mar. 31.
Wolverine:
    Unit 25(C)--No limit.................  Nov. 1-Feb. 28.
    Remainder of Unit 25--No limit.......  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (26) Unit 26. (i) Unit 26 consists of Arctic Ocean drainages between 
Cape Lisburne and the Alaska-Canada border including the Firth River 
drainage within Alaska:
    (A) Unit 26(A) consists of that portion of Unit 26 lying west of the 
Itkillik River drainage and west of the east bank of the Colville River 
between the mouth of the Itkillik River and the Arctic Ocean;
    (B) Unit 26(B) consists of that portion of Unit 26 east of Unit 
26(A), west of the west bank of the Canning River and west of the west 
bank of the Marsh Fork of the Canning River;
    (C) Unit 26(C) consists of the remainder of Unit 26.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Unit 26(A) Controlled Use Area, which consists of Unit 
26(A), is closed to the use of aircraft in any manner for moose hunting, 
including transportation of moose hunters or parts of moose from Aug. 
1--Aug. 31 and from Jan. 1--Mar. 31. No hunter may take or transport a 
moose, or part of a moose in Unit 26(A) after having been transported by 
aircraft into the unit. However, this does not apply to transportation 
of moose hunters or moose parts by regularly scheduled flights to and 
between villages by carriers that normally provide scheduled service to 
this area, nor does it apply to transportation by aircraft to or between 
publicly owned airports;
    (B) The Dalton Highway Corridor Management Area, which consists of 
those portions of Units 20, 24, 25, and 26 extending five miles from 
each side of the Dalton Highway from the Yukon River to milepost 300 of 
the Dalton Highway, is closed to the use of motorized vehicles, except 
aircraft and boats, and to licensed highway vehicles, snowmobiles, and 
firearms except as follows: The use of snowmobiles is authorized only 
for the subsistence taking of wildlife by residents living within the 
Dalton Highway Corridor Management Area. The use of licensed highway 
vehicles is limited only to designated roads within the Dalton Highway 
Corridor Management Area. The use of firearms within the Corridor is 
authorized only for the residents of Alatna, Allakaket, Anaktuvuk Pass, 
Bettles, Evansville, Stevens Village, and residents living within the 
Corridor;
    (C) The Northwest Alaska Brown Bear Management Area, which consists 
of Unit 22, except 22(C), those portions of Unit 23, except the Baldwin 
Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A), is open 
to brown bear hunting by State registration permit in lieu of a resident 
tag. No resident tag is required for taking brown bears in the Northwest 
Alaska Brown Bear Management Area, provided that the hunter has obtained 
a State registration permit prior to hunting. Aircraft may not be used 
in the Northwest Alaska Brown Bear Management Area in any manner for 
brown bear hunting under the authority of a brown bear State 
registration permit, including transportation of hunters, bears or parts 
of bears. However, this does not

[[Page 262]]

apply to transportation of bear hunters or bear parts by regularly 
scheduled flights to and between communities by carriers that normally 
provide scheduled service to this area, nor does it apply to 
transportation of aircraft to or between publicly owned airports.
    (iii) Unit-specific regulations:
    (A) Caribou may be taken from a boat under power in Unit 26;
    (B) Swimming caribou may be taken with a firearm using rimfire 
cartridges;
    (C) In Kaktovik, a Federally-qualified subsistence user (recipient) 
may designate another Federally-qualified subsistence user to take sheep 
on his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.

------------------------------------------------------------------------
              Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.......................  July 1-June 30.
Brown Bear:
    Unit 26(A)--1 bear by State             Sept. 1-May 31.
     registration permit.
    Unit 26 (B) and (C)--1 bear...........  Sept. 1-May 31.
Caribou:
    Unit 26(A)--10 caribou per day;         July 1-June 30.
     however, cow caribou may not be taken
     May 16-June 30. Federal lands south
     of the Colville River and east of the
     the Killik River are closed to the
     the taking of caribou by non-
     Federally qualified subsistence users
     from Aug. 1-Sept. 30.
    Unit 26(B)--10 caribou per day;         July 1-June 30.
     however, cow caribou may be taken
     only from Oct. 1-Apr. 30.
    Unit 26(C)--10 caribou per day........  July 1-Apr. 30.
    Not more than 5 caribou per regulatory  ............................
     year may be transported from Unit 26
     except to the community of Anaktuvuk
     Pass.
Sheep:
    Unit 26(A) and (B)--(Anaktuvuk Pass     July 15-Dec. 31.
     residents only)--that portion within
     the Gates of the Arctic National
     Park--community harvest quota of 60
     sheep, no more than 10 of which may
     be ewes and a daily possession limit
     of 3 sheep per person no more than 1
     of which may be a ewe.
    Unit 26(A)--(excluding Anaktuvuk Pass   Aug. 1-Apr. 30.
     residents)--those portions within the
     Gates of the Arctic National Park--3
     sheep.
    Unit 26(A)--that portion west of        No open season.
     Howard Pass and the Etivluk River.
    Unit 26(B)--that portion within the     Aug. 10-Sept. 20.
     Dalton Highway Corridor Management
     Area--1 ram with \7/8\ curl horn or
     larger by Federal registration permit
     only.
    Remainder of Unit 26(A) and (B)--       Aug. 10-Sept. 20.
     including the Gates of the Arctic
     National Preserve--1 ram with \7/8\
     curl horn or larger.
    Unit 26(C)--3 sheep per regulatory      Aug. 10-Sept. 20.
     year; the Aug. 10-Sept. 20 season is   Oct. 1-Apr. 30.
     restricted to 1 ram with \7/8\ curl
     horn or larger. A Federal
     registration permit is required for
     the Oct. 1-Apr. 30 season.
Moose:
    Unit 26(A)--that portion of the         Aug. 1--31.
     Colville River drainage downstream
     from the mouth of the Anaktuvuk
     River--1 bull. Federal public lands
     are closed to the taking of moose by
     non-Federally qualified subsistence
     users.
    Remainder of Unit 26..................  No open season.
Muskox: Unit 26(C)--1 muskox by Federal     Sept. 15-Mar. 31.
 registration permit only; 12 permits for
 bulls and 3 permits for cows may be
 issued to rural Alaska residents of the
 village of Kaktovik only. Public lands
 are closed to the taking of muskox,
 except by rural Alaska residents of the
 village of Kaktovik during open seasons.
Coyote: 2 coyotes.........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2       Sept. 1-Apr. 30.
 foxes.
Fox, Red (including Cross, Black and
 Silver Phases):
    Unit 26(A) and (B)--10 foxes; however,  Sept. 1-Mar. 15.
     no more than 2 foxes may be taken
     prior to Oct. 1.
    Unit 26(C)--10 foxes..................  Nov. 1-Apr. 15.
Hare (Snowshoe and Tundra): No limit......  July 1-June 30.
Lynx: 2 lynx..............................  Nov. 1-Apr. 15.
Wolf: 15 wolves...........................  Aug. 10-Apr. 30.
Wolverine: 5 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-         Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Coyote: No limit..........................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase): No      Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and        Nov. 1-Apr. 15.
 Silver Phases): No limit.

[[Page 263]]

Lynx: No limit............................  Nov. 1--Apr. 15.
Marten: No limit..........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.................  Nov. 1-Jan. 31.
Muskrat: No limit.........................  Nov. 1-June 10.
Otter: No limit...........................  Nov. 1-Apr. 15.
Wolf: No limit............................  Nov. 1-Apr. 30.
Wolverine: No limit.......................  Nov. 1-Apr. 15.
------------------------------------------------------------------------

[63 FR 35344, June 29, 1998]

    Effective Date Note: At 63 FR 35344, June 29, 1998, Sec. 242.25 was 
added effective July 1, 1998, through June 30, 1999.



Sec. 242.26  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of finfish, excluding halibut, or their parts for subsistence 
uses.
    (2) Finfish, excluding halibut, may be taken for subsistence uses at 
any time by any method unless restricted by the subsistence fishing 
regulations found in this section.
    (b) Definitions. The following definitions shall apply to all 
regulations contained in this section and Sec. 242.27:
    Abalone Iron means a flat device which is used for taking abalone 
and which is more than one inch (24 mm) in width and less than 24 inches 
(610 mm) in length, with all prying edges rounded and smooth.
    ADF&G means the Alaska Department of Fish and Game.
    Anchor means a device used to hold a salmon fishing vessel or net in 
a fixed position relative to the beach; this includes using part of the 
seine or lead, a ship's anchor, or being secured to another vessel or 
net that is anchored.
    Bag Limit means the maximum legal take per person or designated 
group, per specified time period, even if part or all of the fish are 
preserved.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    Char means the following species: Arctic char (Salvelinus alpinis); 
lake trout (Salvelinus namaycush); and Dolly Varden (Salvelinus malma).
    Crab means the following species: red king crab (Paralithodes 
camshatica); blue king crab (Paralithodes platypus); brown king crab 
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow 
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed five 
feet; the depth of the bag must be at least one-half of the greatest 
straight-line distance, as measured through the net opening; no portion 
of the bag may be constructed of webbing that exceeds a stretched 
measurement of 4.5 inches; the frame must be attached to a single rigid 
handle and be operated by hand.
    Diving Gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment.
    Drainage means all of the waters comprising a watershed including 
tributary rivers, streams, sloughs, ponds and lakes which contribute to 
the supply of the watershed.
    Drift gill net means a drifting gill net that has not been 
intentionally staked, anchored or otherwise fixed.
    Federal lands means lands and waters and interests therein the title 
to which is in the United States.
    Fishwheel means a fixed, rotating device for catching fish which is 
driven by river current or other means of power.
    Freshwater of streams and rivers means the line at which freshwater 
is separated from saltwater at the mouth of streams and rivers by a line 
drawn between the seaward extremities of the exposed tideland banks at 
the present stage of the tide.
    Fyke net means a fixed, funneling (fyke) device used to entrap fish.
    Gear means any type of fishing apparatus.
    Gill net means a net primarily designed to catch fish by 
entanglement in a mesh that consists of a single sheet of webbing which 
hangs between cork

[[Page 264]]

line and lead line, and which is fished from the surface of the water.
    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    Groundfish--bottomfish means any marine finfish except halibut, 
osmerids, herring and salmonids.
    Hand purse seine means a floating net which is designed to surround 
fish and which can be closed at the bottom by pursing the lead line; 
pursing may only be done by hand power, and a free-running line through 
one or more rings attached to the lead line is not allowed.
    Herring pound means an enclosure used primarily to contain live 
herring over extended periods of time.
    Hung measure means the maximum length of the cork line when measured 
wet or dry with traction applied at one end only.
    Jigging gear means a line or lines with lures or baited hooks, drawn 
through the water by hand, and which are operated during periods of ice 
cover from holes cut in the ice.
    Lead means either a length of net employed for guiding fish into a 
seine, set gill net, or other length of net, or a length of fencing 
employed for guiding fish into a fishwheel, fyke net or dip net.
    Long line means either a stationary, buoyed, or anchored line, or a 
floating, free-drifting line with lures or baited hooks attached.
    Possession limit means the maximum number of fish a person or 
designated group may have in possession if the fish have not been 
canned, salted, frozen, smoked, dried, or otherwise preserved so as to 
be fit for human consumption after a 15 day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Public lands or public land means lands situated in the State of 
Alaska which are Federal lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act which have not been conveyed to a Native 
Corporation, unless any such selection is determined to be invalid or is 
relinquished; and
    (3) Lands referred to in Section 19(b) of the Alaska Native Claims 
Settlement Act.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ring net means a bag-shaped net suspended between no more than two 
frames; the bottom frame may not be larger in perimeter than the top 
frame; the gear must be nonrigid and collapsible so that free movement 
of fish or shellfish across the top of the net is not prohibited when 
the net is employed.
    Rockfish means all species of the genus Sebastes.
    Rod and reel means either a device upon which a line is stored on a 
fixed or revolving spool and is deployed through guides mounted on a 
flexible pole, or a line that is attached to a pole.
    Salmon means the following species: pink salmon (Oncorhynchus 
gorbusha); sockeye salmon (Oncorhynchus nerka); chinook salmon 
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and chum 
salmon (Oncorhynchus keta).
    Salmon stream means any stream used by salmon for spawning or for 
travelling to a spawning area.
    Salmon stream terminus means a line drawn between the seaward 
extremities of the exposed tideland banks of any salmon stream at mean 
lower low water.
    Set gill net means a gill net that has been intentionally set, 
staked, anchored, or otherwise fixed.
    Shovel means a hand-operated implement for digging clams or cockles.
    Spear means a shaft with a sharp point or fork-like implement 
attached to one end which is used to thrust through the water to impale 
or retrieve fish and which is operated by hand.
    Take or Taking means to pursue, hunt, shoot, trap, net capture, 
collect,

[[Page 265]]

kill, harm, or attempt to engage in any such conduct.
    To operate fishing gear means any of the following: the deployment 
of gear in the waters of Alaska; the removal of gear from the waters of 
Alaska; the removal of fish or shellfish from the gear during an open 
season or period; or the possession of a gill net containing fish during 
an open fishing period, except that a gill net which is completely clear 
of the water is not considered to be operating for the purposes of 
minimum distance requirement.
    Trawl means a bag-shaped net towed through the water to capture fish 
or shellfish.
    Trout means the following species: cutthroat trout (Oncorhynchus 
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
    (c) Methods, means, and general restrictions. (1) No person may buy 
or sell fish, their parts, or their eggs which have been taken for 
subsistence uses, unless, prior to the sale, the prospective buyer or 
seller obtains a determination from the Federal Subsistence Board that 
the sale constitutes customary trade.
    (2) No person may take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction.
    (3) No person may use explosives or chemicals to take fish for 
subsistence uses.
    (4) Each person shall plainly and legibly inscribe his or her first 
initial, last name, and address on any fish wheel, keg, buoy, stakes 
attached to gill nets, and on any other unattended fishing gear which 
the person has employed to take fish for subsistence uses.
    (5) All pots used to take fish must contain an opening on the 
webbing of a sidewall of the pot which has been laced, sewn, or secured 
together by untreated cotton twine or other natural fiber no larger than 
120 thread which upon deterioration or parting of the twine produces an 
opening in the web with a perimeter equal to or exceeding one-half of 
the tunnel eye opening perimeter.
    (6) Persons licensed by the State of Alaska to engage in a fisheries 
business may not receive for commercial purposes or barter or solicit to 
barter for subsistence taken salmon or their parts.
    (7) Except as provided elsewhere in this subpart, the taking of 
rainbow trout and steelhead trout is prohibited.
    (8) Fish taken for subsistence use or under subsistence regulations 
may not be subsequently used as bait for commercial or sport fishing 
purposes.
    (9) The use of live non-indigenous fish as bait is prohibited.
    (10) Any fishing gear used to take fish for subsistence uses may not 
obstruct more than one-half the width of any stream. A stationary 
fishing device may obstruct not more than one-half the width of any 
stream.
    (11) Kegs or buoys attached to any permitted gear may be any color 
but red.
    (12) Harvest limits authorized in this section or Sec. 242.27 may 
not be accumulated with bag limits authorized in State seasons.
    (13) Unless specified otherwise in this section, use of a rod and 
reel to take fish is permitted without a subsistence fishing permit. 
Harvest limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) Where a subsistence fishing permit issued by the ADF&G is 
required by this section, that permit is not required to take fish for 
subsistence uses with rod and reel. The harvest and possessions limits 
for taking fish for subsistence uses with a rod and reel in those areas 
are the same as indicated on the ADF&G permit issued for subsistence 
fishing with other gear types;
    (ii) Where a subsistence fishing permit is not required by this 
section, the harvest and possession limits for taking fish for 
subsistence uses with a rod and reel is the same as for taking fish 
under State of Alaska sport fishing regulations in those same areas.
    (14) Unless restricted in this section, or unless restricted under 
the terms of a required subsistence fishing permit, gear specified in 
definitions in paragraph (b) of this section are legal types of gear for 
subsistence fishing.
    (15) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, fish may be taken at any 
time.

[[Page 266]]

    (16) Gill nets used for subsistence fishing for salmon may not 
exceed 50 fathoms in length, unless otherwise specified by regulations 
for particular areas set forth in this section.
    (17) Each fishwheel must have the first initial, last name, and 
address of the operator plainly and legibly inscribed on the side of the 
fishwheel facing midstream of the river.
    (18) Unlawful possession of subsistence finfish. Fish or their parts 
taken in violation of Federal or State regulations may not be possessed, 
transported, given, received or bartered.
    (d) Fishery management area restrictions. For detailed descriptions 
of Fishery Management Areas, see State of Alaska Fishing Regulations.
    (1) Kotzebue-Northern Area. (i) Salmon may be taken only by gill 
nets, beach seines, or a rod and reel.
    (ii) Fish may be taken for subsistence purposes without a 
subsistence fishing permit.
    (2) Norton Sound-Port Clarence Area. (i) Salmon may be taken only by 
gill nets, beach seines, fishwheel, or a rod and reel.
    (ii) Except as provided in this paragraph (d)(2), fish may be taken 
for subsistence purposes without a subsistence fishing permit. A 
subsistence fishing permit issued by ADF&G is required, except for use 
of rod and reel, as follows:
    (A) Pilgrim River drainage including Salmon Lake;
    (B) For net fishing in all waters from Cape Douglas to Rocky Point.
    (iii) Only one subsistence fishing permit will be issued to each 
household per year.
    (3) Yukon Area. (i) Salmon may be taken only by set gill nets, beach 
seines, fishwheels, or rod and reel.
    (ii) Except as provided in this paragraph (d)(3), fish may be taken 
for subsistence purposes without a subsistence fishing permit.
    (iii) A subsistence fishing permit issued by the ADF&G is required, 
except for the use of rod and reel, as follows:
    (A) For the Yukon River drainage from the mouth of Hess Creek to the 
mouth of the Dall River;
    (B) For the Yukon River drainage from the ADF&G regulatory markers 
placed near the upstream mouth of 22 Mile Slough upstream to the United 
States--Canada border;
    (C) For the Tanana River drainage above the mouth of the Wood River;
    (D) For whitefish and suckers in the waters listed;
    (E) For the taking of pike in waters of the Tolovana River drainage 
upstream of its confluence with the Tanana River;
    (F) For the taking of salmon in Subdistricts 6-A and 6-B.
    (iv) Except as otherwise provided, and except as may be provided by 
the terms of a subsistence fishing permit issued by the ADF&G, there is 
no closed season on fish other than salmon.
    (v) Only one subsistence fishing permit will be issued to each 
household per year.
    (vi) Birch Creek of the upper Yukon drainage, and waters within 500 
feet of its mouth, is closed to subsistence fishing June 10 through 
September 10, except that whitefish and suckers may be taken by rod and 
reel or under the authority of a subsistence fishing permit issued by 
the ADF&G.
    (vii) The following drainages located north of the main Yukon River 
are closed to subsistence fishing:
    (A) Kanuti River, upstream from a point five miles downstream of the 
State highway crossing;
    (B) Fish Creek, upstream from the mouth of Bonanza Creek;
    (C) Bonanza Creek;
    (D) Jim River, including Prospect Creek and Douglas Creek;
    (E) South Fork of the Koyukuk River system upstream from the mouth 
of Jim River;
    (F) Middle Fork of the Koyukuk River system upstream from the mouth 
of the North Fork;
    (G) North Fork of the Chandalar River system upstream from the mouth 
of Quartz Creek.
    (viii) The main Tanana River and its adjoining sloughs are closed to 
subsistence fishing between the mouth of the Salcha River and the mouth 
of the Gerstle River, except that salmon may be taken in the area 
upstream of the Richardson Highway bridge to the mouth of Clearwater 
Creek after November 20.

[[Page 267]]

    (ix) Waters of the Tanana River drainage are closed to the 
subsistence taking of pike between the mouth of the Kantishna River and 
Delta River at Black Rapids on the Richardson Highway and Cathedral 
Rapids on the Alaska Highway, except that pike may be taken for 
subsistence purposes in the Tolovana River drainage upstream from its 
confluence with the Tanana River.
    (x) The Delta River is closed to subsistence fishing, except that 
salmon may be taken after November 20.
    (xi) The following locations are closed to subsistence fishing:
    (A) The following rivers and creeks and within 500 feet of their 
mouths: Delta Clearwater River (Clearwater Creek at 64 deg. 06' N. lat., 
145 deg. 34' W. long), Richardson Clearwater Creek (Clear Creek at 
64 deg. 14' N. lat., 146 deg. 16' W. long), Goodpaster River, Chena 
River, Little Chena River, Little Salcha River, Blue Creek, Big Salt 
River, Shaw Creek, Bear Creek, McDonald Creek, Moose Creek, Hess Creek, 
and Beaver Creek;
    (B) Ray River and Salcha River upstream of a line between the ADF&G 
regulatory markers located at the mouth of the rivers;
    (C) Deadman, Jan, Boleo, Birch, Lost, Harding, Craig, Fielding, Two-
Mile, Quartz, and Little Harding lakes;
    (D) Piledriver and Badger (Chena) sloughs.
    (xii) The following waters are closed to the taking of chum salmon 
from August 15-December 31:
    (A) Toklat River;
    (B) Kantishna River from the mouth of the Toklat River to its 
confluence with the Tanana River.
    (xiii) Salmon may be taken only by set gill nets in those locations 
described in below after July 19:
    (A) Waters of the Black River including waters within one nautical 
mile of its terminus;
    (B) Waters of Kwikluak Pass downstream of Agmulegut and the waters 
of Kwemeluk Pass;
    (C) Waters of Alakanuk Pass downstream from the mouth of Kuiukpak 
Slough;
    (D) Waters of Kwiguk Pass downstream to the mouth of Kawokhawik 
Slough;
    (E) Waters of Kawanak Pass downstream from Sea Gull Point;
    (F) Waters of Apoon Pass downstream from the mouth of the Kotlik 
River and waters of Okwega Pass downstream from its confluence with 
Apoon Pass;
    (G) Waters within one nautical mile seaward from any grassland bank 
in District 1.
    (xiv) Pike may not be taken with gill nets in the waters of the 
Tolovana River drainage from October 15-April 14.
    (xv) A commercial salmon fisherman who is registered for Districts 
1, 2, or 3 may not take salmon for subsistence purposes in any other 
district located downstream from Old Paradise Village.
    (xvi) In District 4, commercial fishermen may not take salmon for 
subsistence purposes during the commercial salmon fishing season by gill 
nets larger than 6-inch mesh after a date specified by emergency order 
issued between July 10-July 31.
    (xvii) In Subdistricts 5-A, 5-B, 5-C, and that portion of 
Subdistrict 5-D downstream from Long Point, no person may possess salmon 
taken for subsistence purposes during a commercial fishing period, 
unless the dorsal fin has been immediately removed from the salmon; a 
person may not sell or purchase salmon from which the dorsal fin has 
been removed.
    (xviii) Subsistence fishermen taking salmon in Subdistrict 6-C shall 
report their salmon catches at designated ADF&G check stations by the 
end of each weekly fishing period; immediately after salmon have been 
taken, catches must be recorded on a harvest form provided by the ADF&G.
    (xix) The annual possession limit for the holder of a Subdistrict 6-
C subsistence salmon fishing permit is 10 king salmon and 75 chum salmon 
for periods through August 15, and 75 chum and coho salmon for periods 
after August 15.
    (xx) Subsistence salmon harvest limits in Subdistrict 6-C are 750 
king salmon and 5,000 chum salmon taken through August 15 and 5,200 chum 
and coho salmon combined taken after August 15; when either the king or 
chum salmon harvest limit for periods before

[[Page 268]]

August 16 has been taken, the subsistence salmon fishing season in 
Subdistrict 6-C will close; a later season will open after August 15 to 
allow the taking of the harvest limit for periods after August 15; if 
the chum salmon harvest limit has not been obtained through August 15, 
the remaining harvest will not be added to the chum salmon harvest level 
for periods after August 15.
    (xxi) The annual harvest limit for the holder of a Subdistrict 6-A 
or 6-B subsistence salmon fishing permit is 60 chinook salmon and 500 
chum salmon for the period through August 15 of a year, and 2,000 chum 
and coho salmon combined for the period after August 15; upon request, 
permits for additional salmon may be issued by the ADF&G.
    (xxii) In the Kantishna River drainage, the open subsistence salmon 
fishing periods are seven days per week.
    (4) Kuskokwim Area. (i) Salmon may only be taken by gill net, beach 
seine, fishwheel, or by a rod and reel, subject to the restrictions set 
forth in this paragraph (d)(4), except that salmon may also be taken by 
spear in the Holitna River drainage.
    (ii) Fish may be taken for subsistence purposes without a 
subsistence fishing permit.
    (iii) Each subsistence gill net operated in tributaries of the 
Kuskokwim River must be attached to the bank, fished substantially 
perpendicular to the bank and in a substantially straight line.
    (iv) The aggregate length of set gill nets or drift gill nets in use 
by any individual for taking salmon may not exceed 50 fathoms.
    (v) Rainbow trout may be taken by residents of Goodnews Bay, 
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak from those non-
navigable drainages tributary to the Kuskokwim River downstream from the 
confluence of the Kuskokwim and Holitna Rivers and from those non-
navigable drainages to Kuskokwim Bay north of the community of Platinum, 
subject to the following restrictions:
    (A) Rainbow trout may be taken only by the use of gill nets, rod and 
reel, or jigging through the ice;
    (B) The use of gill nets for taking rainbow trout is prohibited from 
March 15-June 15.
    (5) Bristol Bay Area. (i) Salmon and char may only be taken by rod 
and reel or under authority of a subsistence fishing permit issued by 
the ADF&G.
    (ii) Only one subsistence fishing permit may be issued to each 
household per year.
    (iii) Each gill net must be staked and buoyed.
    (iv) No person may operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (v) Salmon, herring, and capelin may only be taken by set gill nets 
and by a rod and reel, except that salmon may also be taken by spear in 
the Togiak River including its tributaries.
    (vi) Subsistence fishing is not permitted within the boundaries of 
Katmai National Park.
    (vii) Except for the western shore of the Newhalen River, waters 
used by salmon are closed to the subsistence taking of fish within 300 
feet of a stream mouth.
    (viii) Subsistence salmon fishing permits for the Naknek River 
drainage will be issued only through the ADF&G King Salmon office.
    (ix) Subsistence fishing with nets is prohibited in the following 
waters and within one-fourth mile of the terminus of those waters during 
the period from September 1 through June 14: Lower Talarik Creek, 
Roadhouse Creek, Nick G. Creek, Middle Talarik Creek, Alexi Creek, 
Copper River, Upper Talarik Creek, Tazimina River, Kakhonak River, Pete 
Andrew Creek, Young's Creek, Gibralter River, Zacker Creek, Chekok 
Creek, Dennis Creek, Newhalen River, Tomokok Creek, Belinda Creek.
    (x) Gill nets are prohibited in that portion of the Naknek River 
upstream from Sovonaski.
    (xi) After August 20, no person may possess coho salmon for 
subsistence purposes in the Togiak River Section and the Togiak River 
drainage unless the head has been immediately removed from the salmon. 
It is unlawful to purchase or sell coho salmon from which the head has 
been removed.

[[Page 269]]

    (6) Aleutian Islands Area. (i) Salmon may be taken by seine and gill 
net, with gear specified on a subsistence fishing permit issued by the 
ADF&G, or by a rod and reel.
    (ii) The Adak District is closed to the taking of salmon.
    (iii) Salmon and char may be taken only by rod and reel or under the 
terms of a subsistence fishing permit issued by the ADF&G, except that a 
permit is not required in the Akutan, Umnak and Adak Districts; not more 
than 250 salmon may be taken for subsistence purposes unless otherwise 
specified on the subsistence fishing permit; a record of subsistence-
caught fish must be kept on the reverse side of the permit; the record 
must be completed immediately upon taking subsistence-caught fish and 
must be returned to the local representative of the ADF&G no later than 
October 31.
    (7) Alaska Peninsula Area. (i) Salmon may be taken by seine, gill 
net, gear specified on a permit issued by the ADF&G, or rod and reel.
    (ii) The following waters are closed to subsistence fishing for 
salmon:
    (A) Russell Creek and Nurse Lagoon;
    (B) Trout Creek;
    (C) Humbolt Creek.
    (iii) Salmon and char may only be taken by rod and reel or under the 
authority of a subsistence fishing permit issued by the ADF&G a record 
of subsistence-caught fish must be kept on the reverse side of the 
permit; the record must be completed immediately upon taking 
subsistence-caught fish and must be returned to the local representative 
of the ADF&G no later than October 31.
    (8) Chignik Area. (i) Salmon may be taken by seines and gill nets, 
or with gear specified on a subsistence fishing permit issued by the 
ADF&G, or by a rod and reel, except that in Chignik Lake, salmon may not 
be taken with purse seines.
    (ii) Salmon may not be taken in the Chignik River, upstream from the 
ADF&G weir site or counting tower, in Black Lake, or any tributary to 
Black and Chignik Lakes.
    (iii) Salmon and char may only be taken by rod and reel or under the 
authority of a subsistence fishing permit issued by the ADF&G. A record 
of subsistence-caught fish must be kept on the reverse side of the 
permit. The record must be completed immediately upon taking 
subsistence-caught fish and must be returned to the local representative 
of the ADF&G no later than October 31.
    (iv) From June 10-September 30, commercial fishing license holders 
may not subsistence fish for salmon.
    (9) Kodiak Area. (i) Salmon may be taken 24 hours a day from January 
1 through December 31 except as provided in this paragraph (d)(9)(i):
    (A) From June 1-September 15, salmon seine vessels may not be used 
to take subsistence salmon for 24 hours before, during, and for 24 hours 
after any open commercial salmon fishing period;
    (B) From June 1-September 15, purse seine vessels may be used to 
take salmon only with gill nets and no other type of salmon gear may be 
on board the vessel;
    (C) Salmon may be taken only by gill net, seine, or by a rod and 
reel;
    (D) Subsistence fishermen must be physically present at the net at 
all times the net is being fished.
    (ii) The following locations are closed to the subsistence taking of 
salmon:
    (A) All waters of Mill Bay and all those waters bounded by a line 
from Spruce Cape to the northernmost point of Woody Island, then to the 
northernmost point of Holiday Island, then to a point on Near Island 
opposite the Kodiak small boat harbor entrance and then to the small 
boat harbor entrance;
    (B) All freshwater systems of Little Afognak River and Portage Creek 
drainage in Discoverer Bay;
    (C) All water closed to commercial salmon fishing in the Barbara 
Cove, Chiniak Bay, Saltery Cove, Pasagshak Bay, Monashka Bay and Anton 
Larsen Bay, and all waters closed to commercial salmon fishing within 
100 yards of the terminus of Selief Bay Creek and north and west of a 
line from the tip of Las Point to the tip of River Mouth Point of 
Afognak Bay;
    (D) All waters 300 yards seaward of the terminus of Monks Creek;
    (E) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;

[[Page 270]]

    (F) All freshwater systems of Afognak Island;
    (G) All waters of Ouzinkie Harbor north of a line from 57 deg.55'10" 
N. lat., 152 deg.36' W. long. to 57 deg.55'03" N. lat., 152 deg.29'20" 
W. long.
    (iii) A subsistence fishing permit issued by the ADF&G is required 
for taking salmon, trout and char for subsistence purposes (hourly 
restrictions and rod/reel restrictions identified in this permit do not 
apply on waters under Federal jurisdiction in the Kodiak Area); a 
subsistence fishing permit issued by the ADF&G is required for taking 
herring and bottomfish for subsistence purposes during the commercial 
herring sac roe season from May 1-June 30; all subsistence fishermen 
shall keep a record of the number of subsistence fish taken each year; 
the number of subsistence fish shall be recorded on the reverse side of 
the permit. The record must be completed immediately upon landing 
subsistence caught fish and must be returned to the local representative 
of the ADF&G by February 1 of the year following the year the permit was 
issued.
    (10) Cook Inlet Area. (i) Salmon may be taken only by rod and reel, 
or under the authority of a subsistence fishing permit issued by the 
ADF&G only one permit may be issued to a household each year; a 
subsistence fishing permit holder shall record daily salmon catches on 
forms provided by the ADF&G.
    (ii) Trout, grayling, char, and burbot may not be taken in fresh 
water.
    (iii) All public waters on the Kenai Peninsula are closed to 
subsistence fishing.
    (iv) Smelt may be taken only with gill nets and dip nets. Gill nets 
used to take smelt may not exceed 50 feet in length and two inches in 
mesh size.
    (v) Gill nets may not be used.
    (11) Prince William Sound Area. (i) Salmon and freshwater fish 
species may be taken only by rod and reel or under the authority of a 
subsistence fishing permit issued by the ADF&G.
    (ii) Only one subsistence fishing permit will be issued to each 
household per year.
    (iii) Use of fishwheels:
    (A) Fishwheels used for subsistence fishing may not be rented, 
leased, or otherwise used for personal gain;
    (B) Subsistence fishwheels must be removed from the water at the end 
of the permit period;
    (C) Each permittee may operate only one fishwheel at any one time;
    (D) No person may set or operate a fishwheel within 75 feet of 
another fishwheel;
    (E) No fishwheel may have more than two baskets;
    (F) The permit holder must personally operate the fishwheel or dip 
net. A subsistence fishwheel or dip net permit may not be loaned or 
transferred except as permitted by this Part;
    (G) A wood or metal plate at least 12 inches high by 12 inches wide, 
bearing the permit holder's name and address in letters and numerals at 
least one inch high, must be attached to each fishwheel so that the name 
and address are plainly visible.
    (iv) Salmon may not be taken in any area closed to commercial salmon 
fishing unless otherwise permitted.
    (v) In locations open to commercial salmon fishing and in 
conformance with commercial salmon fishing regulations, the annual 
subsistence salmon limit is as follows:
    (A) 15 salmon for a household of one person;
    (B) 30 salmon for a household of two persons;
    (C) 10 salmon for each additional person in a household over two;
    (D) No more than five king salmon may be taken per permit.
    (vi) All tributaries of the Copper River and waters of the Copper 
River are closed to the taking of salmon.
    (vii) Crosswind Lake is closed to all subsistence fishing.
    (viii) Salmon may be taken for subsistence purposes in the waters of 
the Southwestern District only as follows:
    (A) Only pink salmon may be taken;
    (B) Pink salmon may be taken by dipnets or by a rod and reel;
    (C) Pink salmon may be taken only from May 15-September 30;
    (D) Fishing periods are from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only

[[Page 271]]

during open commercial salmon fishing periods; and from two days 
following the closure of the commercial salmon season until September 
30, seven days per week;
    (E) There are no harvest and possession limits for this fishery;
    (F) ADF&G permits may be issued only at Chenega Bay village.
    (ix) Salmon may be taken for subsistence purposes in the waters 
north of a line from Porcupine Point to Granite Point, and south of a 
line from Point Lowe to Tongue Point, only as follows:
    (A) Only pink salmon may be taken;
    (B) Pink salmon may be taken by dipnets or by a rod and reel;
    (C) Pink salmon may be taken only from May 15-September 30;
    (D) Fishing periods are from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until September 30, seven days per week;
    (E) There are no harvest and possession limits for this fishery;
    (F) ADF&G permits may be issued only at Tatitlek village.
    (12) Yakutat Area. (i) Salmon, trout, and char may be taken only by 
rod and reel or under authority of a subsistence fishing permit issued 
by the ADF&G.
    (ii) Salmon, trout, or char taken incidentally by gear operated 
under the terms of a subsistence permit for salmon are legally taken and 
possessed for subsistence purposes; the holder of a subsistence salmon 
permit must report any salmon, trout, or char taken in this manner on 
his or her permit calendar.
    (iii) Subsistence fishermen must remove the dorsal fin from 
subsistence-caught salmon when taken.
    (13) Southeastern Alaska Area. (i) Salmon, trout, char and herring 
spawn on kelp may be taken only by rod and reel or under authority of a 
subsistence fishing permit issued by the ADF&G.
    (ii) No person may possess subsistence-taken and sport-taken salmon 
on the same day.
    (iii) Salmon, trout or char taken incidentally by gear operated 
under the terms of an ADF&G subsistence permit for salmon are legally 
taken and possessed for subsistence purposes; the holder of a 
subsistence salmon permit must report any salmon, trout, or char taken 
in this manner on his or her permit calendar.
    (iv) Subsistence fishermen shall immediately remove the dorsal fin 
of all salmon when taken.
[63 FR 35375, June 29, 1998]

    Effective Date Note: At 63 FR 35375, Sec. 242.26 was added, 
effective Jan. 1, 1999, through Dec. 31, 1999. For the convenience of 
the user, the text remaining in effect through Dec. 31, 1998 is set 
forth as follows:

Sec. 242.26  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of finfish, excluding halibut, or their parts for subsistence 
uses.
    (2) Finfish, excluding halibut, may be taken for subsistence uses at 
any time by any method unless restricted by the subsistence fishing 
regulations found in this section.
    (b) Definitions. The following definitions shall apply to all 
regulations contained in this section and Sec. 242.27:
    Abalone Iron means a flat device which is used for taking abalone 
and which is more than one inch (24 mm) in width and less than 24 inches 
(610 mm) in length, with all prying edges rounded and smooth.
    ADF&G means the Alaska Department of Fish and Game.
    Anchor means a device used to hold a salmon fishing vessel or net in 
a fixed position relative to the beach; this includes using part of the 
seine or lead, a ship's anchor, or being secured to another vessel or 
net that is anchored.
    Bag Limit means the maximum legal take per person or designated 
group, per specified time period, even if part or all of the fish are 
preserved.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    Char means the following species: Arctic char (Salvelinus alpinis); 
lake trout (Salvelinus namaycush); and Dolly Varden (Salvelinus malma).
    Crab means the following species: red king crab (Paralithodes 
camshatica); blue king crab (Paralithodes platypus); brown king crab 
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow 
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed five

[[Page 272]]

feet; the depth of the bag must be at least one-half of the greatest 
straight-line distance, as measured through the net opening; no portion 
of the bag may be constructed of webbing that exceeds a stretched 
measurement of 4.5 inches; the frame must be attached to a single rigid 
handle and be operated by hand.
    Diving Gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment.
    Drainage means all of the waters comprising a watershed including 
tributary rivers, streams, sloughs, ponds and lakes which contribute to 
the supply of the watershed.
    Drift gill net means a drifting gill net that has not been 
intentionally staked, anchored or otherwise fixed.
    Federal lands means lands and waters and interests therein the title 
to which is in the United States.
    Fishwheel means a fixed, rotating device for catching fish which is 
driven by river current or other means of power.
    Freshwater of streams and rivers means the line at which freshwater 
is separated from saltwater at the mouth of streams and rivers by a line 
drawn between the seaward extremities of the exposed tideland banks at 
the present stage of the tide.
    Fyke net means a fixed, funneling (fyke) device used to entrap fish.
    Gear means any type of fishing apparatus.
    Gill net means a net primarily designed to catch fish by 
entanglement in a mesh that consists of a single sheet of webbing which 
hangs between cork line and lead line, and which is fished from the 
surface of the water.
    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    Groundfish--bottomfish means any marine finfish except halibut, 
osmerids, herring and salmonids.
    Hand purse seine means a floating net which is designed to surround 
fish and which can be closed at the bottom by pursing the lead line; 
pursing may only be done by hand power, and a free-running line through 
one or more rings attached to the lead line is not allowed.
    Herring pound means an enclosure used primarily to contain live 
herring over extended periods of time.
    Hung measure means the maximum length of the cork line when measured 
wet or dry with traction applied at one end only.
    Jigging gear means a line or lines with lures or baited hooks, drawn 
through the water by hand, and which are operated during periods of ice 
cover from holes cut in the ice.
    Lead means either a length of net employed for guiding fish into a 
seine, set gill net, or other length of net, or a length of fencing 
employed for guiding fish into a fishwheel, fyke net or dip net.
    Long line means either a stationary, buoyed, or anchored line, or a 
floating, free-drifting line with lures or baited hooks attached.
    Possession limit means the maximum number of fish a person or 
designated group may have in possession if the fish have not been 
canned, salted, frozen, smoked, dried, or otherwise preserved so as to 
be fit for human consumption after a 15 day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Public lands or public land means lands situated in the State of 
Alaska which are Federal lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act which have not been conveyed to a Native 
Corporation, unless any such selection is determined to be invalid or is 
relinquished; and
    (3) Lands referred to in Section 19(b) of the Alaska Native Claims 
Settlement Act.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ring net means a bag-shaped net suspended between no more than two 
frames; the bottom frame may not be larger in perimeter than the top 
frame; the gear must be nonrigid and collapsible so that free movement 
of fish or shellfish across the top of the net is not prohibited when 
the net is employed.
    Rockfish means all species of the genus Sebastes.
    Rod and reel means either a device upon which a line is stored on a 
fixed or revolving spool and is deployed through guides mounted on a 
flexible pole, or a line that is attached to a pole.
    Salmon means the following species: pink salmon (Oncorhynchus 
gorbusha); sockeye salmon (Oncorhynchus nerka); chinook salmon 
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and chum 
salmon (Oncorhynchus keta).
    Salmon stream means any stream used by salmon for spawning or for 
travelling to a spawning area.
    Salmon stream terminus means a line drawn between the seaward 
extremities of the exposed tideland banks of any salmon stream at mean 
lower low water.
    Set gill net means a gill net that has been intentionally set, 
staked, anchored, or otherwise fixed.

[[Page 273]]

    Shovel means a hand-operated implement for digging clams or cockles.
    Spear means a shaft with a sharp point or fork-like implement 
attached to one end which is used to thrust through the water to impale 
or retrieve fish and which is operated by hand.
    Take or Taking means to pursue, hunt, shoot, trap, net capture, 
collect, kill, harm, or attempt to engage in any such conduct.
    To operate fishing gear means any of the following: the deployment 
of gear in the waters of Alaska; the removal of gear from the waters of 
Alaska; the removal of fish or shellfish from the gear during an open 
season or period; or the possession of a gill net containing fish during 
an open fishing period, except that a gill net which is completely clear 
of the water is not considered to be operating for the purposes of 
minimum distance requirement.
    Trawl means a bag-shaped net towed through the water to capture fish 
or shellfish.
    Trout means the following species: cutthroat trout (Oncorhynchus 
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
    (c) Methods, means, and general restrictions. (1) No person may buy 
or sell fish, their parts, or their eggs which have been taken for 
subsistence uses, unless, prior to the sale, the prospective buyer or 
seller obtains a determination from the Federal Subsistence Board that 
the sale constitutes customary trade.
    (2) No person may take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction.
    (3) No person may use explosives or chemicals to take fish for 
subsistence uses.
    (4) Each person shall plainly and legibly inscribe his or her first 
initial, last name, and address on any fish wheel, keg, buoy, stakes 
attached to gill nets, and on any other unattended fishing gear which 
the person has employed to take fish for subsistence uses.
    (5) All pots used to take fish must contain an opening on the 
webbing of a sidewall of the pot which has been laced, sewn, or secured 
together by untreated cotton twine or other natural fiber no larger than 
120 thread which upon deterioration or parting of the twine produces an 
opening in the web with a perimeter equal to or exceeding one-half of 
the tunnel eye opening perimeter.
    (6) Persons licensed by the State of Alaska to engage in a fisheries 
business may not receive for commercial purposes or barter or solicit to 
barter for subsistence taken salmon or their parts.
    (7) Except as provided elsewhere in this subpart, the taking of 
rainbow trout and steelhead trout is prohibited.
    (8) Fish taken for subsistence use or under subsistence regulations 
may not be subsequently used as bait for commercial or sport fishing 
purposes.
    (9) The use of live non-indigenous fish as bait is prohibited.
    (10) Any fishing gear used to take fish for subsistence uses may not 
obstruct more than one-half the width of any stream. A stationary 
fishing device may obstruct not more than one-half the width of any 
stream.
    (11) Kegs or buoys attached to any permitted gear may be any color 
but red.
    (12) Harvest limits authorized in this section or Sec. 242.27 may 
not be accumulated with bag limits authorized in State seasons.
    (13) Unless specified otherwise in this section, use of a rod and 
reel to take fish is permitted without a subsistence fishing permit. 
Harvest limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) Where a subsistence fishing permit issued by the ADF&G is 
required by this section, that permit is not required to take fish for 
subsistence uses with rod and reel. The harvest and possessions limits 
for taking fish for subsistence uses with a rod and reel in those areas 
are the same as indicated on the ADF&G permit issued for subsistence 
fishing with other gear types;
    (ii) Where a subsistence fishing permit is not required by this 
section, the harvest and possession limits for taking fish for 
subsistence uses with a rod and reel is the same as for taking fish 
under State of Alaska sport fishing regulations in those same areas.
    (14) Unless restricted in this section, or unless restricted under 
the terms of a required subsistence fishing permit, gear specified in 
definitions in paragraph (b) of this section are legal types of gear for 
subsistence fishing.
    (15) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, fish may be taken at any 
time.
    (16) Gill nets used for subsistence fishing for salmon may not 
exceed 50 fathoms in length, unless otherwise specified by regulations 
for particular areas set forth in this section.
    (17) Each fishwheel must have the first initial, last name, and 
address of the operator plainly and legibly inscribed on the side of the 
fishwheel facing midstream of the river.
    (18) Unlawful possession of subsistence finfish. Fish or their parts 
taken in violation of Federal or State regulations may not be possessed, 
transported, given, received or bartered.
    (d) Fishery management area restrictions. For detailed descriptions 
of Fishery Management Areas, see State of Alaska Fishing Regulations.
    (1) Kotzebue-Northern Area. (i) Salmon may be taken only by gill 
nets, beach seines, or a rod and reel;

[[Page 274]]

    (ii) Fish may be taken for subsistence purposes without a 
subsistence fishing permit.
    (2) Norton Sound-Port Clarence Area. (i) Salmon may be taken only by 
gill nets, beach seines, fishwheel, or a rod and reel;
    (ii) Except as provided in this paragraph (d)(2), fish may be taken 
for subsistence purposes without a subsistence fishing permit. A 
subsistence fishing permit issued by ADF&G is required, except for use 
of rod and reel, as follows:
    (A) Pilgrim River drainage including Salmon Lake;
    (B) For net fishing in all waters from Cape Douglas to Rocky Point;
    (iii) Only one subsistence fishing permit will be issued to each 
household per year.
    (3) Yukon Area. (i) Salmon may be taken only by set gill nets, beach 
seines, fishwheels, or rod and reel;
    (ii) Except as provided in this paragraph (d)(3), fish may be taken 
for subsistence purposes without a subsistence fishing permit;
    (iii) A subsistence fishing permit issued by the ADF&G is required, 
except for the use of rod and reel, as follows:
    (A) For the Yukon River drainage from the mouth of Hess Creek to the 
mouth of the Dall River;
    (B) For the Yukon River drainage from the ADF&G regulatory markers 
placed near the upstream mouth of 22 Mile Slough upstream to the United 
States--Canada border;
    (C) For the Tanana River drainage above the mouth of the Wood River;
    (D) For whitefish and suckers in the waters listed;
    (E) For the taking of pike in waters of the Tolovana River drainage 
upstream of its confluence with the Tanana River;
    (F) For the taking of salmon in Subdistricts 6-A and 6-B;
    (iv) Except as otherwise provided, and except as may be provided by 
the terms of a subsistence fishing permit issued by the ADF&G, there is 
no closed season on fish other than salmon;
    (v) Only one subsistence fishing permit will be issued to each 
household per year;
    (vi) Birch Creek of the upper Yukon drainage, and waters within 500 
feet of its mouth, is closed to subsistence fishing June 10 through 
September 10, except that whitefish and suckers may be taken by rod and 
reel or under the authority of a subsistence fishing permit issued by 
the ADF&G
    (vii) The following drainages located north of the main Yukon River 
are closed to subsistence fishing:
    (A) Kanuti River, upstream from a point five miles downstream of the 
State highway crossing;
    (B) Fish Creek, upstream from the mouth of Bonanza Creek;
    (C) Bonanza Creek;
    (D) Jim River, including Prospect Creek and Douglas Creek;
    (E) South Fork of the Koyukuk River system upstream from the mouth 
of Jim River;
    (F) Middle Fork of the Koyukuk River system upstream from the mouth 
of the North Fork;
    (G) North Fork of the Chandalar River system upstream from the mouth 
of Quartz Creek;
    (viii) The main Tanana River and its adjoining sloughs are closed to 
subsistence fishing between the mouth of the Salcha River and the mouth 
of the Gerstle River, except that salmon may be taken in the area 
upstream of the Richardson Highway bridge to the mouth of Clearwater 
Creek after November 20;
    (ix) Waters of the Tanana River drainage are closed to the 
subsistence taking of pike between the mouth of the Kantishna River and 
Delta River at Black Rapids on the Richardson Highway and Cathedral 
Rapids on the Alaska Highway, except that pike may be taken for 
subsistence purposes in the Tolovana River drainage upstream from its 
confluence with the Tanana River;
    (x) The Delta River is closed to subsistence fishing, except that 
salmon may be taken after November 20;
    (xi) The following locations are closed to subsistence fishing:
    (A) The following rivers and creeks and within 500 feet of their 
mouths: Delta Clearwater River (Clearwater Creek at 64 deg.06' N. lat., 
145 deg.34' W. long), Richardson Clearwater Creek (Clear Creek at 
64 deg.14' N. lat., 146 deg.16' W. long), Goodpaster River, Chena River, 
Little Chena River, Little Salcha River, Blue Creek, Big Salt River, 
Shaw Creek, Bear Creek, McDonald Creek, Moose Creek, Hess Creek, and 
Beaver Creek;
    (B) Ray River and Salcha River upstream of a line between the ADF&G 
regulatory markers located at the mouth of the rivers;
    (C) Deadman, Jan, Boleo, Birch, Lost, Harding, Craig, Fielding, Two-
Mile, Quartz, and Little Harding lakes;
    (D) Piledriver and Badger (Chena) sloughs;
    (xii) The following waters are closed to the taking of chum salmon 
from August 15-December 31:
    (A) Toklat River;
    (B) Kantishna River from the mouth of the Toklat River to its 
confluence with the Tanana River;
    (xiii) Salmon may be taken only by set gill nets in those locations 
described in below after July 19:
    (A) Waters of the Black River including waters within one nautical 
mile of its terminus;
    (B) Waters of Kwikluak Pass downstream of Agmulegut and the waters 
of Kwemeluk Pass;
    (C) Waters of Alakanuk Pass downstream from the mouth of Kuiukpak 
Slough;
    (D) Waters of Kwiguk Pass downstream to the mouth of Kawokhawik 
Slough;

[[Page 275]]

    (E) Waters of Kawanak Pass downstream from Sea Gull Point;
    (F) Waters of Apoon Pass downstream from the mouth of the Kotlik 
River and waters of Okwega Pass downstream from its confluence with 
Apoon Pass;
    (G) Waters within one nautical mile seaward from any grassland bank 
in District 1;
    (xiv) Pike may not be taken with gill nets in the waters of the 
Tolovana River drainage from October 15-April 14;
    (xv) A commercial salmon fisherman who is registered for Districts 
1, 2, or 3 may not take salmon for subsistence purposes in any other 
district located downstream from Old Paradise Village;
    (xvi) In District 4, commercial fishermen may not take salmon for 
subsistence purposes during the commercial salmon fishing season by gill 
nets larger than 6-inch mesh after a date specified by emergency order 
issued between July 10-July 31;
    (xvii) In Subdistricts 5-A, 5-B, 5-C, and that portion of 
Subdistrict 5-D downstream from Long Point, no person may possess salmon 
taken for subsistence purposes during a commercial fishing period, 
unless the dorsal fin has been immediately removed from the salmon; a 
person may not sell or purchase salmon from which the dorsal fin has 
been removed;
    (xviii) Subsistence fishermen taking salmon in Subdistrict 6-C shall 
report their salmon catches at the designated ADF&G check stations by 
the end of each weekly fishing period; immediately after salmon have 
been taken, catches must be recorded on a harvest form provided by the 
ADF&G
    (xix) The annual possession limit for the holder of a Subdistrict 6-
C subsistence salmon fishing permit is 10 king salmon and 75 chum salmon 
for periods through August 15, and 75 chum and coho salmon for periods 
after August 15;
    (xx) Subsistence salmon harvest limits in Subdistrict 6-C are 750 
king salmon and 5,000 chum salmon taken through August 15 and 5,200 chum 
and coho salmon combined taken after August 15; when either the king or 
chum salmon harvest limit for periods before August 16 has been taken, 
the subsistence salmon fishing season in Subdistrict 6-C will close; a 
later season will open after August 15 to allow the taking of the 
harvest limit for periods after August 15; if the chum salmon harvest 
limit has not been obtained through August 15, the remaining harvest 
will not be added to the chum salmon harvest level for periods after 
August 15;
    (xxi) The annual harvest limit for the holder of a Subdistrict 6-A 
or 6-B subsistence salmon fishing permit is 60 chinook salmon and 500 
chum salmon for the period through August 15 of a year, and 2,000 chum 
and coho salmon combined for the period after August 15; upon request, 
permits for additional salmon may be issued by the ADF&G
    (xxii) In the Kantishna River drainage, the open subsistence salmon 
fishing periods are seven days per week.
    (4) Kuskokwim Area. (i) Salmon may only be taken by gill net, beach 
seine, fishwheel, or by a rod and reel, subject to the restrictions set 
forth in this paragraph (d)(4), except that salmon may also be taken by 
spear in the Holitna River drainage;
    (ii) Fish may be taken for subsistence purposes without a 
subsistence fishing permit;
    (iii) Each subsistence gill net operated in tributaries of the 
Kuskokwim River must be attached to the bank, fished substantially 
perpendicular to the bank and in a substantially straight line;
    (iv) The aggregate length of set gill nets or drift gill nets in use 
by any individual for taking salmon may not exceed 50 fathoms;
    (v) Rainbow trout may be taken by residents of Goodnews Bay, 
Platinum. Quinhagak, Eek, Kwethluk, Akiachak, and Akiak from those non-
navigable drainages tributary to the Kuskokwim River downstream from the 
confluence of the Kuskokwim and Holitna Rivers and from those non-
navigable drainages to Kuskokwim Bay north of the community of Platinum, 
subject to the following restrictions:
    (A) Rainbow trout may be taken only by the use of gill nets, rod and 
reel, or jigging through the ice;
    (B) The use of gill nets for taking rainbow trout is prohibited from 
March 15-June 15.
    (5) Bristol Bay Area. (i) Salmon and char may only be taken by rod 
and reel or under authority of a subsistence fishing permit issued by 
the ADF&G
    (ii) Only one subsistence fishing permit may be issued to each 
household per year;
    (iii) Each gill net must be staked and buoyed;
    (iv) No person may operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear;
    (v) Salmon, herring, and capelin may only be taken by set gill nets 
and by a rod and reel, except that salmon may also be taken by spear in 
the Togiak River including its tributaries;
    (vi) Subsistence fishing is not permitted within the boundaries of 
Katmai National Park;
    (vii) Except for the western shore of the Newhalen River, waters 
used by salmon are closed to the subsistence taking of fish within 300 
feet of a stream mouth;
    (viii) Subsistence salmon fishing permits for the Naknek River 
drainage will be issued only through the ADF&G King Salmon office;
    (ix) Subsistence fishing with nets is prohibited in the following 
waters and within one-fourth mile of the terminus of those waters during 
the period from September 1 through

[[Page 276]]

June 14: Lower Talarik Creek, Roadhouse Creek, Nick G. Creek, Middle 
Talarik Creek, Alexi Creek, Copper River, Upper Talarik Creek, Tazimina 
River, Kakhonak River, Pete Andrew Creek, Young's Creek, Gibralter 
River, Zacker Creek, Chekok Creek, Dennis Creek, Newhalen River, Tomokok 
Creek, Belinda Creek;
    (x) Gill nets are prohibited in that portion of the Naknek River 
upstream from Sovonaski;
    (xi) After August 20, no person may possess coho salmon for 
subsistence purposes in the Togiak River Section and the Togiak River 
drainage unless the head has been immediately removed from the salmon. 
It is unlawful to purchase or sell coho salmon from which the head has 
been removed.
    (6) Aleutian Islands Area. (i) Salmon may be taken by seine and gill 
net, with gear specified on a subsistence fishing permit issued by the 
ADF&G, or by a rod and reel;
    (ii) The Adak District is closed to the taking of salmon;
    (iii) Salmon and char may be taken only by rod and reel or under the 
terms of a subsistence fishing permit issued by the ADF&G, except that a 
permit is not required in the Akutan, Umnak and Adak Districts; not more 
than 250 salmon may be taken for subsistence purposes unless otherwise 
specified on the subsistence fishing permit; a record of subsistence-
caught fish must be kept on the reverse side of the permit; the record 
must be completed immediately upon taking subsistence-caught fish and 
must be returned to the local representative of the ADF&G no later than 
October 31.
    (7) Alaska Peninsula Area. (i) Salmon may be taken by seine, gill 
net, gear specified on a permit issued by the ADF&G, or rod and reel;
    (ii) The following waters are closed to subsistence fishing for 
salmon:
    (A) Russell Creek and Nurse Lagoon;
    (B) Trout Creek;
    (C) Humbolt Creek;
    (iii) Salmon and char may only be taken by rod and reel or under the 
authority of a subsistence fishing permit issued by the ADF&G a record 
of subsistence-caught fish must be kept on the reverse side of the 
permit; the record must be completed immediately upon taking 
subsistence-caught fish and must be returned to the local representative 
of the ADF&G no later than October 31.
    (8) Chignik Area. (i) Salmon may be taken by seines and gill nets, 
or with gear specified on a subsistence fishing permit issued by the 
ADF&G, or by a rod and reel, except that in Chignik Lake, salmon may not 
be taken with purse seines;
    (ii) Salmon may not be taken in the Chignik River, upstream from the 
ADF&G weir site or counting tower, in Black Lake, or any tributary to 
Black and Chignik Lakes;
    (iii) Salmon and char may only be taken by rod and reel or under the 
authority of a subsistence fishing permit issued by the ADF&G. A record 
of subsistence-caught fish must be kept on the reverse side of the 
permit. The record must be completed immediately upon taking 
subsistence-caught fish and must be returned to the local representative 
of the ADF&G no later than October 31;
    (iv) From June 10-September 30, commercial fishing license holders 
may not subsistence fish for salmon.
    (9) Kodiak Area. (i) Salmon may be taken 24 hours a day from January 
1 through December 31 except as provided in this paragraph:
    (A) From June 1-September 15, salmon seine vessels may not be used 
to take subsistence salmon for 24 hours before, during, and for 24 hours 
after any open commercial salmon fishing period;
    (B) From June 1-September 15, purse seine vessels may be used to 
take salmon only with gill nets and no other type of salmon gear may be 
on board the vessel;
    (C) Salmon may be taken only by gill net, seine, or by a rod and 
reel;
    (D) Subsistence fishermen must be physically present at the net at 
all times the net is being fished;
    (ii) The following locations are closed to the subsistence taking of 
salmon:
    (A) All waters of Mill Bay and all those waters bounded by a line 
from Spruce Cape to the northernmost point of Woody Island, then to the 
northernmost point of Holiday Island, then to a point on Near Island 
opposite the Kodiak small boat harbor entrance and then to the small 
boat harbor entrance;
    (B) All freshwater systems of Little Afognak River and Portage Creek 
drainage in Discoverer Bay;
    (C) All water closed to commercial salmon fishing in the Barbara 
Cove, Chiniak Bay, Saltery Cove, Pasagshak Bay, Monashka Bay and Anton 
Larsen Bay, and all waters closed to commercial salmon fishing within 
100 yards of the terminus of Selief Bay Creek and north and west of a 
line from the tip of Las Point to the tip of River Mouth Point of 
Afognak Bay;
    (D) All waters 300 yards seaward of the terminus of Monks Creek;
    (E) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (F) All freshwater systems of Afognak Island;
    (G) All waters of Ouzinkie Harbor north of a line from 57 deg.55'10' 
N. lat., 152 deg.36' W. long. to 57 deg.55'03' N. lat., 152 deg.29'20' 
W. long.;
    (iii) A subsistence fishing permit issued by the ADF&G is required 
for taking salmon, trout and char, except by rod and reel, for 
subsistence purposes; a subsistence fishing permit issued by the ADF&G 
is required for taking herring and bottomfish for subsistence purposes 
during the commercial herring

[[Page 277]]

sac roe season from May 1-June 30; all subsistence fishermen shall keep 
a record of the number of subsistence fish taken each year; the number 
of subsistence fish shall be recorded on the reverse side of the permit. 
The record must be completed immediately upon landing subsistence caught 
fish and must be returned to the local representative of the ADF&G by 
February 1 of the year following the year the permit was issued.
    (10) Cook Inlet Area. (i) Salmon may be taken only by rod and reel, 
or under the authority of a subsistence fishing permit issued by the 
ADF&G only one permit may be issued to a household each year; a 
subsistence fishing permit holder shall record daily salmon catches on 
forms provided by the ADF&G
    (ii) Trout, grayling, char, and burbot may not be taken in fresh 
water;
    (iii) All public waters on the Kenai Peninsula are closed to 
subsistence fishing;
    (iv) Smelt may be taken only with gill nets and dip nets. Gill nets 
used to take smelt may not exceed 50 feet in length and two inches in 
mesh size;
    (v) Gill nets may not be used.
    (11) Prince William Sound Area. (i) Salmon and freshwater fish 
species may be taken only by rod and reel or under the authority of a 
subsistence fishing permit issued by the ADF&G
    (ii) Only one subsistence fishing permit will be issued to each 
household per year;
    (iii) Use of fishwheels:
    (A) Fishwheels used for subsistence fishing may not be rented, 
leased, or otherwise used for personal gain;
    (B) Subsistence fishwheels must be removed from the water at the end 
of the permit period;
    (C) Each permittee may operate only one fishwheel at any one time;
    (D) No person may set or operate a fishwheel within 75 feet of 
another fishwheel;
    (E) No fishwheel may have more than two baskets;
    (F) The permit holder must personally operate the fishwheel or dip 
net. A subsistence fishwheel or dip net permit may not be loaned or 
transferred except as permitted by this Part;
    (G) A wood or metal plate at least 12 inches high by 12 inches wide, 
bearing the permit holder's name and address in letters and numerals at 
least one inch high, must be attached to each fishwheel so that the name 
and address are plainly visible;
    (iv) Salmon may not be taken in any area closed to commercial salmon 
fishing unless otherwise permitted;
    (v) In locations open to commercial salmon fishing and in 
conformance with commercial salmon fishing regulations, the annual 
subsistence salmon limit is as follows:
    (A) 15 salmon for a household of one person;
    (B) 30 salmon for a household of two persons;
    (C) 10 salmon for each additional person in a household over two;
    (D) No more than five king salmon may be taken per permit;
    (vi) All tributaries of the Copper River and waters of the Copper 
River are closed to the taking of salmon;
    (vii) Crosswind Lake is closed to all subsistence fishing;
    (viii) Salmon may be taken for subsistence purposes in the waters of 
the Southwestern District only as follows:
    (A) Only pink salmon may be taken;
    (B) Pink salmon may be taken by dipnets or by a rod and reel;
    (C) Pink salmon may be taken only from May 15-September 30;
    (D) Fishing periods are from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until September 30, seven days per week;
    (E) There are no harvest and possession limits for this fishery;
    (F) ADF&G permits may be issued only at Chenega Bay village;
    (ix) Salmon may be taken for subsistence purposes in the waters 
north of a line from Porcupine Point to Granite Point, and south of a 
line from Point Lowe to Tongue Point, only as follows:
    (A) Only pink salmon may be taken;
    (B) Pink salmon may be taken by dipnets or by a rod and reel;
    (C) Pink salmon may be taken only from May 15-September 30;
    (D) Fishing periods are from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until September 30, seven days per week;
    (E) There are no harvest and possession limits for this fishery;
    (F) ADF&G permits may be issued only at Tatitlek village;
    (12) Yakutat Area. (i) Salmon, trout, and char may be taken only by 
rod and reel or under authority of a subsistence fishing permit issued 
by the ADF&G
    (ii) Salmon, trout, or char taken incidentally by gear operated 
under the terms of a subsistence permit for salmon are legally taken and 
possessed for subsistence purposes; the holder of a subsistence salmon 
permit must report any salmon, trout, or char taken in this manner on 
his or her permit calendar;

[[Page 278]]

    (iii) Subsistence fishermen must remove the dorsal fin from 
subsistence-caught salmon when taken.
    (13) Southeastern Alaska Area. (i) Salmon, trout, char and herring 
spawn on kelp may be taken only by rod and reel or under authority of a 
subsistence fishing permit issued by the ADF&G
    (ii) No person may possess subsistence-taken and sport-taken salmon 
on the same day;
    (iii) Salmon, trout or char taken incidentally by gear operated 
under the terms of an ADF&G subsistence permit for salmon are legally 
taken and possessed for subsistence purposes; the holder of a 
subsistence salmon permit must report any salmon, trout, or char taken 
in this manner on his or her permit calendar;
    (iv) Subsistence fishermen shall immediately remove the dorsal fin 
of all salmon when taken.
[62 FR 29066, May 29, 1997]



Sec. 242.27  Subsistence taking of shellfish.

    (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.
    (b) Shellfish may be taken for subsistence uses at any time in any 
area of the public lands by any method unless restricted by the 
subsistence fishing regulations of Sec. 242.26 or this section.
    (c) Methods, means, and general restrictions. (1) The harvest limit 
specified herein for a subsistence season for a species and the State 
bag limit set for a State season for the same species are not 
cumulative. This means that a person or designated group who has taken 
the harvest limit for a particular species under a subsistence season 
specified herein may not after that, take any additional shellfish of 
that species under any other bag limit specified for a State season.
    (2) Unless otherwise provided in this section, gear as specified in 
the definitions of Sec. 242.26 is legal for subsistence taking of 
shellfish.
    (3) It is prohibited to buy or sell subsistence-taken shellfish, 
their parts, or their eggs, unless otherwise specified.
    (4) The use of explosives and chemicals is prohibited, except that 
chemical baits or lures may be used to attract shellfish.
    (5) Each subsistence fisherman shall plainly and legibly inscribe 
their first initial, last name and address on a keg or buoy attached to 
unattended subsistence fishing gear. Subsistence fishing gear may not 
display a permanent ADF&G vessel license number. The keg or buoy may be 
any color except red.
    (6) A side wall of all subsistence shellfish pots must contain an 
opening with a perimeter equal to or exceeding one-half of the tunnel 
eye opening perimeter. The opening must be laced, sewn, or secured 
together by untreated cotton twine or other natural fiber no larger than 
120 thread. Dungeness crab and shrimp pots may have the pot lid tiedown 
straps secured to the pot at one end by untreated cotton twine no larger 
than 120 thread, as a substitute for the above requirement.
    (7) No person may mutilate or otherwise disfigure a crab in any 
manner which would prevent determination of the minimum size 
restrictions until the crab has been processed or prepared for 
consumption.
    (8) In addition to the marking requirements in paragraph (c)(5) of 
this section, kegs or buoys attached to subsistence crab pots must also 
be inscribed with the name or U.S. Coast Guard number of the vessel used 
to operate the pots.
    (9) No more than five pots per person and 10 pots per vessel may be 
used to take crab, except as specified in paragraph (f) of this section.
    (10) In the subsistence taking of shrimp in the Glacier Bay National 
Preserve, no person may use more than 10 pots, and no more than 20 pots 
may be operated from a vessel. In the subsistence taking of shellfish 
other than shrimp in the Glacier Bay National Preserve, no person may 
operate more than five pots of any type, and no more than 10 pots of any 
type may be operated from a vessel.
    (d) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, tanner crab, or dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
until 14 days after the closure of a respective open season in the

[[Page 279]]

area or areas for which the vessel is registered.
    (e) Unlawful possession of subsistence shellfish. Shellfish or their 
parts taken in violation of Federal or State regulations may not be 
possessed, transported, given, received or bartered.
    (f) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. Shellfish may be taken for subsistence 
purposes in the Glacier Bay National Preserve only under the authority 
of a subsistence shellfish fishing permit.
    (2) Cook Inlet Area. All waters within the boundaries of the Kenai 
National Wildlife Refuge are closed to the taking of shellfish for 
subsistence purposes.
    (3) Kodiak Area. (i) Shellfish may be taken for subsistence purposes 
only under the authority of a subsistence shellfish fishing permit 
issued by the ADF&G.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
before subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection. The permit shall specify the area and the date 
the vessel operator intends to fish. No more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel.
    (iii) The daily harvest and possession limit is 12 male dungeness 
crab per person.
    (iv) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) No more than five crab pots may be used to take king crab; each 
pot can be no more than 75 cubic feet in capacity;
    (D) King crab may be taken only from June 1-January 31, except that 
the subsistence taking of king crab is prohibited in waters 25 fathoms 
or greater in depth during the period 14 days before and 14 days after 
open commercial fishing seasons for red king crab, blue king crab, or 
tanner crab in the location;
    (E) The waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline of 
Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users.
    (v) In the subsistence taking of tanner crab:
    (A) No more than five crab pots may be used to take tanner crab;
    (B) From July 15-February 10, the subsistence taking of tanner crab 
is prohibited in waters 25 fathoms or greater in depth, unless the 
commercial tanner crab fishing season is open in the location;
    (C) The daily harvest and possession limit is 12 male crab per 
person.
    (4) Alaska Peninsula-Aleutian Islands Area. (i) Shellfish may be 
taken for subsistence purposes only under the authority of a subsistence 
shellfish fishing permit issued by the ADF&G.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section, or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel.
    (iii) The daily harvest and possession limit is 12 male dungeness 
crab per person.
    (iv) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) Crab may be taken only from June 1-January 31.

[[Page 280]]

    (v) The daily harvest and possession limit is 12 male tanner crab 
per person.
    (5) Bering Sea Area. (i) In waters South of 60 deg. North latitude, 
shellfish may be taken for subsistence purposes only under the authority 
of a subsistence shellfish fishing permit issued by the ADF&G.
    (ii) In that portion of the area north of the latitude of Cape 
Newenham, shellfish may only be taken by shovel, jigging gear, pots and 
ring net.
    (iii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel.
    (iv) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male dungeness crab per person.
    (v) In the subsistence taking of king crab:
    (A) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is six male crab per person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) In waters south of 60 deg. N. lat., crab may be taken only from 
June 1-January 31.
    (vi) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male tanner crab.
[63 FR 35380, June 29, 1998]

    Effective Date Note: At 63 FR 35380, June 29, 1998, Sec. 242.27 was 
added, effective Jan. 1, 1999, through Dec. 31, 1999. For the 
convenience of the user, the text remaining in effect through Dec. 31, 
1998, is set forth as follows:

Sec. 242.27  Subsistence taking of shellfish.

    (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.
    (b) Shellfish may be taken for subsistence uses at any time in any 
area of the public lands by any method unless restricted by the 
subsistence fishing regulations of Sec. 242.26 or this section.
    (c) Methods, means, and general restrictions. (1) The harvest limit 
specified herein for a subsistence season for a species and the State 
bag limit set for a State season for the same species are not 
cumulative. This means that a person or designated group who has taken 
the harvest limit for a particular species under a subsistence season 
specified herein may not after that, take any additional shellfish of 
that species under any other bag limit specified for a State season.
    (2) Unless otherwise provided in this section, gear as specified in 
the definitions of Sec. 242.26 is legal for subsistence taking of 
shellfish.
    (3) It is prohibited to buy or sell subsistence-taken shellfish, 
their parts, or their eggs, unless otherwise specified.
    (4) The use of explosives and chemicals is prohibited, except that 
chemical baits or lures may be used to attract shellfish.
    (5) Each subsistence fisherman shall plainly and legibly inscribe 
their first initial, last name and address on a keg or buoy attached to 
unattended subsistence fishing gear. Subsistence fishing gear may not 
display a permanent ADF&G vessel license number. The keg or buoy may be 
any color except red.
    (6) A side wall of all subsistence shellfish pots must contain an 
opening with a perimeter equal to or exceeding one-half of the tunnel 
eye opening perimeter. The opening must be laced, sewn, or secured 
together by untreated cotton twine or other natural fiber no larger than 
120 thread. Dungeness crab and shrimp pots may have the pot lid tiedown 
straps secured to the pot at one end by untreated cotton twine no larger 
than 120 thread, as a substitute for the above requirement.
    (7) No person may mutilate or otherwise disfigure a crab in any 
manner which would prevent determination of the minimum size 
restrictions until the crab has been processed or prepared for 
consumption.
    (8) In addition to the marking requirements in paragraph (c)(5) of 
this section, kegs or buoys attached to subsistence crab pots must also 
be inscribed with the name or U.S. Coast Guard number of the vessel used 
to operate the pots.
    (9) No more than five pots per person and 10 pots per vessel may be 
used to take crab, except as specified in paragraph (f) of this section.
    (10) In the subsistence taking of shrimp in the Glacier Bay National 
Preserve, no person may use more than 10 pots, and no more than 20 pots 
may be operated from a vessel. In the subsistence taking of shellfish 
other than shrimp in the Glacier Bay National Preserve, no person may 
operate more than five pots of any type, and no more than 10 pots of any 
type may be operated from a vessel.

[[Page 281]]

    (d) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, tanner crab, or dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
until 14 days after the closure of a respective open season in the area 
or areas for which the vessel is registered.
    (e) Unlawful possession of subsistence shellfish. Shellfish or their 
parts taken in violation of Federal or State regulations may not be 
possessed, transported, given, received or bartered.
    (f) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. Shellfish may be taken for subsistence 
purposes in the Glacier Bay National Preserve only under the authority 
of a subsistence shellfish fishing permit.
    (2) Cook Inlet Area. All waters within the boundaries of the Kenai 
National Wildlife Refuge are closed to the taking of shellfish for 
subsistence purposes.
    (3) Kodiak Area. (i) Shellfish may be taken for subsistence purposes 
only under the authority of a subsistence shellfish fishing permit 
issued by the ADF&G
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
before subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection. The permit shall specify the area and the date 
the vessel operator intends to fish. No more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel;
    (iii) The daily harvest and possession limit is 12 male dungeness 
crab per person;
    (iv) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) No more than five crab pots may be used to take king crab; each 
pot can be no more than 75 cubic feet in capacity;
    (D) King crab may be taken only from June 1-January 31, except that 
the subsistence taking of king crab is prohibited in waters 25 fathoms 
or greater in depth during the period 14 days before and 14 days after 
open commercial fishing seasons for red king crab, blue king crab, or 
tanner crab in the location;
    (E) The waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline of 
Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users;
    (v) In the subsistence taking of tanner crab:
    (A) No more than five crab pots may be used to take tanner crab;
    (B) From July 15--February 10, the subsistence taking of tanner crab 
is prohibited in waters 25 fathoms or greater in depth, unless the 
commercial tanner crab fishing season is open in the location;
    (C) The daily harvest and possession limit is 12 male crab per 
person.
    (4) Alaska Peninsula-Aleutian Islands Area. (i) Shellfish may be 
taken for subsistence purposes only under the authority of a subsistence 
shellfish fishing permit issued by the ADF&G
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section, or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel;
    (iii) The daily harvest and possession limit is 12 male dungeness 
crab per person;
    (iv) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) Crab may be taken only from June 1-January 31;
    (v) The daily harvest and possession limit is 12 male tanner crab 
per person.
    (5) Bering Sea Area. (i) In waters South of 60 deg. North latitude, 
shellfish may be taken for subsistence purposes only under the authority 
of a subsistence shellfish fishing permit issued by the ADF&G
    (ii) In that portion of the area north of the latitude of Cape 
Newenham, shellfish may only be taken by shovel, jigging gear, pots and 
ring net;
    (iii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel;
    (iv) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male dungeness crab per person;

[[Page 282]]

    (v) In the subsistence taking of king crab:
    (A) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is six male crab per person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) In waters south of 60 deg. N. lat., crab may be taken only from 
June 1-January 31;
    (vi) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male tanner crab.
[62 FR 29070, May 29, 1997]



PART 251--LAND USES--Table of Contents




                   Subpart A--Miscellaneous Land Uses

                        Natural Resources Control

Sec.
251.9  Management of municipal watersheds.
251.10  Prohibition of location of mining claims within certain areas in 
          the Norbeck Wildlife Preserve, South Dakota.
251.11  Governing mining locations under the mining laws of the United 
          States within that portion of the Black Hills National Forest, 
          State of South Dakota, designated as the Norbeck Wildlife 
          Preserve.
251.14  Conditions, rules, and regulations to govern exercise of timber 
          rights reserved in conveyance to the United States.
251.15  Conditions, rules, and regulations to govern exercise of mineral 
          rights reserved in conveyances to the Untied States.

                           Rights of Grantors

251.17  Grantor's right to occupy and use lands conveyed to the United 
          States.
251.18  Rights-of-way reserved by the grantor on lands conveyed to the 
          United States.
251.19  Exercise of water rights reserved by the grantor of lands 
          conveyed to the United States.

                          Designation of Areas

251.23  Experimental areas and research natural areas.

                          Petersburg Watershed

251.35  Petersburg watershed.

                         Subpart B--Special Uses

251.50  Scope.
251.51  Definitions.
251.52  Delegation of authority.
251.53  Authorities.
251.54  Special use applications.
251.55  Nature of interest.
251.56  Terms and conditions.
251.57  Rental fees.
251.58  Cost reimbursement. [Reserved]
251.59  Transfer of special use privileges.
251.60  Termination, revocation, and suspension.
251.61  Modifications.
251.62  Acceptance.
251.63  Reciprocity.
251.64  Renewals.
251.65  Information collection requirements.



Subpart C--Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands

251.80  Purpose and scope.
251.81  Definitions and terminology.
251.82  Appealable decisions.
251.83  Decisions not appealable.
251.84  Obtaining notice.
251.85  Election of appeal process.
251.86  Parties.
251.87  Levels of appeal.
251.88  Filing procedures.
251.89  Time extensions.
251.90  Content of notice of appeal.
251.91  Stays.
251.92  Dismissal.
251.93  Resolution of issues.
251.94  Responsive statement.
251.95  Authority of Reviewing Officer.
251.96  Intervention.
251.97  Oral presentation.
251.98  Appeal record.
251.99  Appeal decision.
251.100  Discretionary review.
251.101  Policy in event of judicial proceedings.
251.102  Applicability and effective date.



                 Subpart D--Access to Non-Federal Lands

251.110  Scope and application.
251.111  Definitions.
251.112  Application requirements.
251.113  Instrument of authorization.
251.114  Criteria, terms, and conditions.

    Authority: 16 U.S.C. 472, 551, 1134, 3170, 3210; 30 U.S.C. 185; and 
43 U.S.C. 1740, unless otherwise noted.



                   Subpart A--Miscellaneous Land Uses

    Authority: 7 U.S.C. 1011; 16 U.S.C. 518, 551, 678a; Pub. L. 76-867, 
54 Stat. 1197.

[[Page 283]]

                        Natural Resources Control



Sec. 251.9  Management of Municipal Watersheds.

    (a) The Forest Service shall manage National Forest watersheds that 
supply municipal water under multiple use prescriptions in forest plans 
(36 CFR part 219). When a municipality desires protective actions or 
restrictions of use not specified in the forest plan, within agreements, 
and/or special use authorizations, the municipality must apply to the 
Forest Service for consideration of these needs.
    (b) When deemed appropriate by the Regional Forester, requested 
restrictions and/or requirements shall be incorporated in the forest 
plan without written agreements. Written agreements with municipalities 
to assure protection of water supplies are appropriate when requested by 
the municipality and deemed necessary by the Regional Forester. A 
special use authorization may be needed to effect these agreements.
    (c) In preparing any municipal watershed agreement for approval by 
the Regional Forester or issuing special use authorization to protect 
municipal water supplies, the authorized forest officer shall specify 
the types of uses, if any, to be restricted; the nature and extent of 
any restrictions; any special land management protective measures and/or 
any necesary standards and guidelines needed to protect water quality or 
quantity; and any resources that are to be provided by the municipality.
    (d) A special use authorization (36 CFR 251.54) is required if the 
municipality is to use the subject lands, restrict public access, or 
control resource uses within the watershed. Special use authorizations 
issued pursuant to this section are subject to the same fee waivers, 
conditions, and procedures applicable to all other special uses as set 
forth in subpart B of this part.
    (e) Any municipal wateshed management agreements, special use 
authorizations, requirements, and/or restrictions shall be consistent 
with forest plans, or amendments and revisions thereto.
[53 FR 27685, July 22, 1988]



Sec. 251.10  Prohibition of location of mining claims within certain areas in the Norbeck Wildlife Preserve, South 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 claims would not be in the public interest, as may be 
designated by the Chief, Forest Service, or the Regional Forester, of 
Forest Service Region 2, is hereby prohibited. The Director, Bureau of 
Land Management, Department of the Interior, shall be advised of the 
areas so designated and notices of the boundaries of such areas posted 
at conspicuous places in the Preserve, as well as at the county 
courthouses in Pennington in the cities of Custer and Rapid City, and 
Custer Counties and the post offices State of South Dakota.
[13 FR 3676, July 1, 1948, as amended at 48 FR 31854, July 12, 1983]



Sec. 251.11  Governing mining locations under the mining laws of the United States within that portion of the Black Hills National Forest, State of South 
          Dakota, designated as the Norbeck Wildlife Preserve.

    (a) Whoever locates a mining claim within the Norbeck Wildlife 
Preserve must, within 10 days after posting the location notice upon 
such claim, file a true copy of such location notice with the Forest 
Supervisor of the Black Hills National Forest at Custer, South Dakota, 
and further, within 10 days after said location notice is filed for 
record pursuant to the State laws of South Dakota, a true copy of the 
recorded location certificate must be filed with said Forest Supervisor.
    (b) All mining locators shall in all developments and operations 
make all reasonable provisions for the disposal of tailings, dumpage, 
and other deleterious materials or substances in such manner as to 
prevent obstruction, pollution, or deterioration of the land, streams, 
ponds, lakes, or springs, as may be directed by the Forest Supervisor.
    (c) All slash resulting from cutting or destruction of forest growth 
incident and necessary to mining operations

[[Page 284]]

must be disposed of as directed by the Forest Supervisor.
    (d) The cutting and removal of timber, except where clearing is 
necessary in connection with mining operations or to provide space for 
buildings or structures used in connection with mining operations, shall 
be conducted in accordance with the marking rules and timber sale 
practices applicable to the Black Hills National Forest, and such 
cutting and removal of timber shall be as directed by the Forest 
Supervisor.
    (e) No use of the surface of a mining claim or the resources 
therefrom not reasonably required for carrying on mining and prospecting 
shall be allowed, except under the National Forest rules and 
regulations, nor shall the locator prevent or obstruct other occupancy 
of the surface or use of surface resources under authority of National 
Forest Regulations, or permits issued thereunder, if such occupancy or 
use is not in conflict with mineral developments.
    (f) When any road is to be built for mining purposes upon a mining 
claim, the locator must apply to the Forest Supervisor for the 
applicable rules and regulations governing the construction and 
maintenance of roads within the Black Hills National Forest, and such 
road will be built in accordance with such specifications and in such 
locations as the Forest Supervisor may direct.
    (g) In conducting mining operations the locator, his agents, 
representatives, or employees, or other persons whose presence in the 
area or in the vicinity thereof, is occasioned by such mining 
operations, shall use due diligence in the prevention and suppression of 
fires, and shall, when requested by the Forest Supervisor, or his 
authorized representative, be available for service in the 
extinguishment and suppression of all fires occurring within the 
Preserve: Provided, That if such fire does not originate through any 
negligence on the part of the locator, his agents, representatives, or 
employees, or other persons whose presence in the area or in the 
vicinity thereof, is occasioned by such mining operations and does not 
threaten the structures, improvements or property incident to the mining 
operation, such persons shall be paid for their services at the current 
rate of pay of fire fighters employed by the United States.
    (h) Nothing contained in this section shall be construed to relieve 
the locator from complying with any requirements of the laws of the 
State of South Dakota, nor from compliance with or conformity to any 
requirements of any Federal law or regulation now existing or which 
later may be enacted or promulgated, and applicable to the subject 
involved in this section.
[13 FR 4792, Aug. 19, 1948, as amended at 48 FR 31854, July 12, 1983]



Sec. 251.14  Conditions, rules and regulations to govern exercise of timber rights reserved in conveyance to the 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 Forest Service, where owners reserve the right to enter 
upon the conveyed lands and to cut and remove timber and timber 
products, said reservations shall be subject to the following 
conditions, rules and regulations which shall be expressed in and made a 
part of the deed of conveyance to the United States and such 
reservations shall be exercised thereunder and in obedience thereto:
    (1) Whoever undertakes to exercise the reserved rights, hereinafter 
called operator, shall give prior written notice to Forest Service and 
shall submit satisfactory evidence of authority to exercise such rights. 
Operator shall repair, replace, or restore any improvements owned by the 
United States or its permittees, damaged or destroyed by the timber 
operations and he shall restore the land to a condition safe and 
reasonably serviceable for authorized programs of Forest Service.
    (2) In cutting and removing timber and timber products and in 
locating, constructing and using mills, logging roads, railroads, 
chutes, landings, camps, or other improvements, no unnecessary damage 
shall be done to the air, water and soil resources, and to young growth 
or to trees left standing. All survey monuments and witness trees shall 
be preserved.

[[Page 285]]

    (3) All trees, timber or timber products of species or sizes not 
specifically reserved which are unnecessarily cut, damaged, or destroyed 
by operator shall be paid for at double the usual rates charged in the 
locality for sales of similar National Forest timber and timber 
products.
    (4) Slash and debris resulting from the cutting, removal, or 
processing of timber or timber products, or from construction 
operations, shall be disposed of or otherwise treated by methods 
acceptable to the Forest Service. Such treatment or disposal shall 
comply with known air and water quality criteria and standards and 
include necessary preparatory work such as fireline constructing and 
snag falling. The timing of log removal and preparatory work shall not 
unnecessarily delay slash disposal or treatment.
    (5) Operator is authorized to construct and maintain buildings, 
facilities, and other improvements, including roads needed to log the 
reserved timber. Construction and maintenance plans, designs, and 
location shall be approved in writing by Forest Service before 
construction is started.
    (6) All buildings, camps, equipment, and other structures or 
improvements shall be removed from the lands within 6 months from date 
of completion or abandonment of the operation, unless relieved by Forest 
Service by issuance of a special-use permit. Otherwise such buildings, 
camps, equipment, and other structures or improvements shall become the 
property of the United States, but this does not relieve operator of 
liability for the cost of removal and restoration of the site.
    (7) Nothing in this section shall be construed to exempt operator 
from any requirements of the laws of the States in which situated; nor 
from compliance with or conformity to any requirement of any law which 
later may be enacted and which otherwise would be applicable.
    (8) While operations are in progress, operator, his employees, any 
subcontractors, and their employees, shall take all reasonable and 
practicable action in the prevention and suppression of fire, and shall 
be available for service in the suppression of all fires within the 
reserved area. On any fire not caused by negligence on the part of the 
operator, Forest Service shall pay operator at fire-fighting rates 
common in the area or at prior agreed rates for equipment or manpower 
furnished by operator.
    (9) Only one cutting shall be made on any portion of the area on 
which timber is reserved. Forest Service may permit the cutting of 
special products, or products the cutting of which is seasonal, on any 
portion of the area in advance of the cutting of the chief products of 
the reserved timber. Each reservation of timber shall include a specific 
period of time within which material may be removed.
    (10) Forest Service shall have the right to use any road constructed 
under the authority of this timber reservation for any and all purposes 
in connection with the protection and administration of the National 
Forest.
    (11) Operator shall take all reasonable precautions to prevent 
pollution of the air, soil, and water, in operation hereunder.
    (12) All activities by operator in the reserved area shall be 
conducted in a safe, orderly, and workmanlike manner.
    (13) For the protection of streamcourses, the following measures 
shall be observed by operator: Culverts or bridges will be required on 
temporary roads at all points where it is necessary to cross 
streamcourses. Such facilities shall be of sufficient size and design to 
provide unobstructed flow of water. Equipment will not be operated in 
streamcourses except at designated crossings and as essential to 
construction or removal of culverts and bridges. Any stream that is 
temporarily diverted must be restored to the natural course as soon as 
practicable, and in any event prior to a major runoff season.
    (14) Operator shall perform currently as weather and soil conditions 
permit, the following erosion control work on portions of the reserved 
area where logging is in progress or has been completed: Construct 
cross-ditches and water-spreading ditches where staked or otherwise 
marked on the ground by Forest Service; after a temporary road has 
served operator's purpose, operator shall remove culverts and bridges,

[[Page 286]]

eliminate ditches, out-slope and cross-drain roadbed and remove ruts and 
berms to the extent necessary to stabilize fills and otherwise minimize 
erosion; operator shall avoid felling into, yarding in, or crossing 
natural meadows; and operations will not take place when soil and water 
conditions are such that excessive damage will result.
    (b) The conditions, rules and regulations set forth in paragraphs 
(a)(1) through (14) of this section shall not apply to reservations 
contained in conveyances of land to the United States under the Act of 
March 3, 1925, as amended (43 Stat. 1133, 64 Stat. 82, 16 U.S.C. 555).
    (c) In cases where a State, or an agency, or a political subdivision 
thereof, reserves timber rights for the cutting and removal of timber 
and timber products, in the conveyance of land to the United States 
under authorized programs of the Forest Service and there are provisions 
in the laws of such State or in conditions, rules and regulations 
promulgated by such State, agency or political subdivision thereof, 
which the Chief, Forest Service, determines are adequate to protect the 
interest of the United States in the event of the exercise of such 
reservation, the Chief, Forest Service, is hereby authorized, in his 
discretion, to subject the exercise of the reservation to such statutory 
provisions or such conditions, rules, and regulations in lieu of the the 
conditions, rules and regulations set forth in paragraphs (a) (1) 
through (14) of this section. In that event, such statutory provisions 
or such conditions, rules and regulations shall be expressed in and made 
a part of the deed of conveyance to the United States and the 
reservation shall be exercised thereunder and in obedience thereto.

All regulations heretofore issued by the Secretary of Agriculture to 
govern the exercise of timber rights reserved in conveyance of lands to 
the United States under authorized programs of Forest Service shall 
continue to be effective in the cases to which they are applicable, but 
are hereby superseded as to timber rights hereafter reserved in 
conveyances under such programs.
[35 FR 5401, Apr. 1, 1970]



Sec. 251.15  Conditions, rules and regulations to govern exercise of mineral rights reserved in conveyances to 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 the Forest Service, where owners reserve the right to enter 
upon the conveyed lands and to prospect for, mine and remove minerals, 
oil, gas, or other inorganic substances, said reservations shall be 
subject to the following conditions, rules and regulations which shall 
be expressed in and made a part of the deed of conveyance to the United 
States and such reservations shall be exercised thereunder and in 
obedience thereto:
    (1) Whoever undertakes to exercise the reserved rights shall give 
prior written notice to the Forest Service and shall submit satisfactory 
evidence of authority to exercise such rights. Only so much of the 
surface of the lands shall be occupied, used, or disturbed as is 
necessary in bona fide prospecting for, drilling, mining (including the 
milling or concentration of ores), and removal of the reserved minerals, 
oil, gas, or other inorganic substances.
    (2)(i) None of the lands in which minerals are reserved shall be so 
used, occupied, or disturbed as to preclude their full use for 
authorized programs of the Forest Service until the record owner of the 
reserved rights, or the successors, assigns, or lessees thereof, shall 
have applied for and received a permit authorizing such use, occupancy, 
or disturbance of those specifically described parts of the lands as may 
reasonably be necessary to exercise of the reserved rights.
    (ii) Said permit shall be issued upon agreement as to conditions 
necessary to protect the interest of the United States including such 
conditions deemed necessary to provide for the safety of the public and 
other users of the land, and upon initial payment of the annual fee, 
which shall be at the rate of $2 per acre or fraction of acre included 
in the permit.
    (iii) The permit shall also provide that the record owner of the 
reserved

[[Page 287]]

right or the successors, assigns, or lessees thereof, will repair or 
replace any improvements damaged or destroyed by the mining operations 
and restore the land to a condition safe and reasonably serviceable for 
authorized programs of the Forest Service, and shall provide for a bond 
in sufficient amount as determined necessary by the Forest Service to 
guarantee such repair, replacement or restoration.
    (iv) Failure to comply with the terms and conditions of the 
aforesaid permit shall be cause for termination of all rights to use, 
occupy, or disturb the surface of the lands covered thereby, but in 
event of such termination a new permit shall be issued upon application 
when the causes for termination of the preceding permit have been 
satisfactorily remedied and the United States reimbursed for any 
resultant damage to it.
    (3) All structures, other improvements, and materials shall be 
removed from the lands within one year after date of termination of the 
aforementioned permit. Should the holder of the permit fail to do so 
within the specified time, the Forest Service may remove, destroy or 
otherwise dispose of said structures, other improvements, and materials 
at the permittee's expense, or in lieu thereof, may upon written notice 
to the permittee, assume title thereto in the name of the United States.
    (4) Timber and/or young growth cut or destroyed in connection with 
exercise of the reserved right shall be paid for at rates determined by 
the Forest Service to be fair and equitable for comparable timber and/or 
young growth in the locality. All slash resulting from cutting or 
destruction of timber or young growth shall be disposed of as required 
by the Forest Service.
    (5) In the prospecting for, mining, and removal of reserved 
minerals, oil, gas, or other inorganic substances all reasonable 
provisions shall be made for the disposal of tailings, dumpage, and 
other deleterious materials or substances in such manner as to prevent 
obstruction, pollution, or deterioration of water resources.
    (6) Nothing herein contained shall be construed to exempt operators 
or the mining operations from any requirements of applicable State laws 
nor from compliance with or conformity to any requirement of any law 
which later may be enacted and which otherwise would be applicable.
    (7) While any activities and/or operations incident to the exercise 
of the reserved rights are in progress, the operators, contractors, 
subcontractors, and any employees thereof shall use due diligence in the 
prevention and suppression of fires, and shall comply with all rules and 
regulations applicable to the land.
    (b) The conditions, rules and regulations set forth in paragraphs 
(a) (1) through (7) of this section shall not apply to reservations 
contained in conveyances of lands to the United States under the Act of 
March 3, 1925, as amended (43 Stat. 1133, 64 Stat. 82; 16 U.S.C. 555).
    (c) In cases where a State, or an agency, or a political subdivision 
thereof, reserves minerals, oil, gas, or other inorganic substances, in 
the conveyance of land to the United States under authorized programs of 
the Forest Service and there are provisions in the laws of such State or 
in conditions, rules and regulations promulgated by such State, agency 
or political subdivision thereof, which the Chief, Forest Service, 
determines are adequate to protect the interest of the United States in 
the event of the exercise of such reservation, the Chief, Forest 
Service, is hereby authorized, in his discretion, to subject the 
exercise of the reservation to such statuatory provisions or such 
conditions, rules and regulations in lieu of the conditions, rules and 
regulations set forth in paragraphs (a) (1) through (7) of this section. 
In that event, such statuatory provisions or such conditions, rules and 
regulations shall be expressed in and made a part of the deed of 
conveyance to the United States and the reservation shall be exercised 
thereunder and in obedience thereto.

All regulations heretofore issued by the Secretary of Agriculture to 
govern the exercise of mineral rights reserved in conveyances of lands 
to the United States under authorized programs of the Forest Service 
shall continue to be effective in the cases to which they are 
applicable, but are hereby superseded

[[Page 288]]

as to mineral rights hereafter reserved in conveyances under such 
programs.
[28 FR 4440, May 3, 1963]

                           Rights of Grantors



Sec. 251.17  Grantor's right to occupy and use lands conveyed to the United States.

    Except as otherwise 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 occupy and use the 
land for the purposes of residence, agriculture, industry, or commerce, 
said reservations shall be subject to the following conditions, rules 
and regulations which shall be expressed in and made a part of the deed 
of conveyance to the United States and such reservations shall be 
exercised thereunder and in obedience thereto:
    (a) Except when provided otherwise by statute, the reservation so 
created shall not be assigned, used, or occupied by anyone other than 
the grantor without the consent of the United States.
    (b) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (c) The premises shall not be used or permitted to be used, without 
the written consent of the United States, for any purpose or purposes 
other than those specified in the instrument creating the reservation.
    (d) The grantor and all persons acting for or claiming under him 
shall maintain the premises and all buildings and structures thereon in 
proper repair and sanitation and shall comply with the National Forest 
laws and regulations and the laws and lawful orders of the State in 
which the premises are located.
    (e) Except when provided otherwise by statute, the reservation shall 
terminate: (1) Upon the expiration of the period named in the deed; (2) 
upon failure for a period of more than one calendar year to use and 
occupy the premises for the purposes named in the deed; (3) by use and 
occupancy for unlawful purposes or for purposes other than those 
specified in the deed; and (4) by voluntary written relinquishment by 
the owner.
    (f) Upon the termination of the reservation the owners of personal 
property remaining on the premises shall remove same within a period of 
three months, and all such property not so removed shall become the 
property of the United States except that when such removal is prevented 
by conditions beyond the control of the owners the period shall be 
extended in writing by the Forest Service to allow a reasonable time for 
said removal, but in no event longer than one year.
    (g) The said reservation shall be subject to rights-of-way for the 
use of the United States or its permittees, upon, across, or through the 
said land, as may hereafter be required for the erection, construction, 
maintenance and operation of public utility systems over all or parts 
thereof, or for the construction and maintenance of any improvements 
necessary for the good administration and protection of the National 
Forests, and shall be subject to the right of officials or employees of 
the Forest Service to inspect the premises, or any part thereof, at all 
reasonable times and as often as deemed necessary in the performance of 
official duties in respect to the premises.
    (h) The conditions, rules, and regulations set forth in paragraphs 
(a) through (g) of this section shall not apply to reservations 
contained in conveyances of lands to the United States under the Act of 
March 3, 1925, as amended (43 Stat. 1133, 64 Stat. 82; 16 U.S.C. 555).
[33 FR 11452, Aug. 13, 1968, as amended at 36 FR 156, Jan. 6, 1971]



Sec. 251.18  Rights-of-way reserved by the grantor on lands conveyed to the United States.

    This section governs the use, occupancy, and operation of rights-of-
way reserved by a grantor of lands to the United States.

[[Page 289]]

    (a) Brush and refuse resulting from the exercise of the right-of-way 
reservation shall be disposed of to the satisfaction of the Forest 
Officer in charge.
    (b) Timber cut and destroyed in the exercise of the right-of-way 
reservation shall be paid for at rates to be prescribed by the Forest 
Officer in charge, which rates shall be the usual stumpage prices 
charged in the locality in sales of national forest timber of the same 
kind or species; for injury to timber, second growth, and reproduction, 
the amount of actual damage shall be ascertained by the Forest 
Supervisor according to the rules applicable in such cases.
    (c) All improvements built or maintained upon the right-of-way shall 
be kept in an orderly, safe and sanitary condition. Failure to maintain 
such conditions shall be cause for the termination of the reservation 
after 30 days' notice in writing to the occupant or user that 
unsatisfactory conditions exist and that the Department intends to 
terminate all rights under the reservation unless such conditions are 
forthwith corrected to the satisfaction of the Regional Forester.
    (d) Upon the abandonment of a reserved right-of-way, either by 
formal release, by termination, or by non-use for a period of one 
calendar year, all improvements thereon not the property of the United 
States shall be removed therefrom within three months from the date of 
the abandonment, otherwise such improvements shall vest in and become 
the property of the United States.
    (e) All reasonable precautions to prevent and suppress forest fires 
shall be taken by the grantor and all persons acting for or claiming 
under him; suitable crossings shall be constructed by grantor and/or 
said persons where the reserved right-of-way intersects existing roads 
and trails; borrow pits shall not be opened outside of the immediate 
graded section except under a special use permit from the Forest 
Supervisor.
    (f) Officers of the Forest Service shall have free ingress and 
egress on and over the reserved rights-of-way for all purposes necessary 
and incidental to the protection and administration of the national 
forest.
[3 FR 1953, Aug. 9, 1938]



Sec. 251.19  Exercise of water rights reserved by the grantor of lands conveyed to the United States.

    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 (36 Stat. 961).
    (a) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (b) All slash and debris resulting from the cutting and removal of 
timber shall be disposed of as directed by the Forest Officer in charge.
    (c) Flowage and reservoir areas shall be cleared of timber and 
debris, in a manner satisfactory to the Forest Supervisor, or in 
accordance with a special agreement approved by him. Timber cut and 
destroyed in the exercise of the reserved rights shall be paid for at 
rates to be prescribed by the Forest Officer in charge, which rates 
shall be the usual stumpage price charged in the locality.
    (d) The water surface created shall be open to the Forest Service 
and its permittees when such use does not interfere with the original 
purpose of the development.
    (e) The water surface shall be open to fishing by the public in 
accordance with State laws when such use does not interfere with the 
original purpose of the development.
    (f) Plans for dams and supplemental structures, impounding or 
controlling more than 10 acre-feet of water or with a head in excess of 
6 feet, shall be approved by the Regional Engineer of the Forest Service 
before construction shall begin.
[3 FR 1953, Aug. 9, 1938]

[[Page 290]]

                          Designation of Areas



Sec. 251.23  Experimental areas and research natural areas.

    The Chief of the Forest Service shall establish and 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 adequately for the research necessary to serve as a 
basis for the management of forest and range land in each forest region. 
Also, when appropriate, the Chief shall establish a series of research 
natural areas, sufficient in number and size to illustrate adequately or 
typify for research or educational purposes, the important forest and 
range types in each forest region, as well as other plant communities 
that have special or unique characteristics of scientific interest and 
importance. Research Natural Areas will be retained in a virgin or 
unmodified condition except where measures are required to maintain a 
plant community which the area is intended to represent. Within areas 
designated by this regulation, occupancy under a special-use permit 
shall not be allowed, nor the construction of permanent improvements 
permitted except improvements required in connection with their 
experimental use, unless authorized by the Chief of the Forest Service.
[31 FR 5072, Mar. 29, 1966]

                          Petersburg Watershed



Sec. 251.35  Petersburg watershed.

    (a) Except as authorized in paragraphs (b) and (c), access to lands 
within 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 Petersburg watershed is hereby 
authorized, without further written approval, for the following routine 
purposes:
    (1) The discharge of official duties related to management of the 
Tongass National Forest by Federal employees, holders of Forest Service 
contracts, or Forest Service agents;
    (2) The operation, maintenance, and improvement of the municipal 
water system by Federal and State officials and employees of the city of 
Petersburg; and
    (3) Public recreational use of the Raven's Roost Trail for access to 
and from the Raven's Roost public recreation cabin and the Alpine 
Recreation Area.
    (c) Any person who wishes to enter upon the lands within the 
watershed for purposes other than those listed in paragraph (b) must 
obtain a permit that has been signed by the appropriate city official 
and countersigned by the District Ranger.
    (d) Unauthorized entrance upon lands within the watershed is subject 
to punishment as provided in 36 CFR 261.1b.
    (e) The Forest Supervisor of the Stikine Area of the Tongass 
National Forest may authorize the removal of timber from the watershed 
under the regulations governing disposal of National Forest timber (36 
CFR part 223). In any removal of timber from the watershed, the Forest 
Supervisor shall provide adequate safeguards for the protection of the 
Petersburg municipal water supply.
[53 FR 26595, July 14, 1988]



                         Subpart B--Special Uses

    Authority: 16 U.S.C. 472, 497b, 551, 1134, 3210; 30 U.S.C. 185; 43 
U.S.C. 1740, 1761-1771.

    Source: Sections 251.50--251.64 appear at 45 FR 38327, June 6, 1980, 
unless otherwise noted.



Sec. 251.50  Scope.

    (a) All uses of National Forest System lands, improvements, and 
resources, except those provided for in the regulations governing the 
disposal of timber (part 223) and minerals (part 228) and the grazing of 
livestock (part 222), are designated ``special uses.'' Before engaging 
in a special use, persons or entities must submit an application to an 
authorized officer and must obtain a special use authorization from the 
authorized officer unless that requirement is waived by paragraph (c) of 
this section.
    (b) Nothing in this section prohibits the temporary occupancy of 
National Forest System land for the protection of life or property in 
emergencies, if a

[[Page 291]]

special use authorization for such use is obtained at the earliest 
opportunity.
    (c) A special use authorization is not required for noncommercial 
recreational activities such as camping, picnicking, hiking, fishing, 
hunting, horseback riding, and boating, as well as noncommercial 
activities involving the expression of views such as assemblies, 
meetings, demonstrations, and parades, except for:
    (1) Authorization of such use is required by an order issued 
pursuant to 36 CFR 261.50;
    (2) Authorization of such use is required by a regulation issued 
pursuant to 36 CFR 261.70;
    (3) Noncommercial group uses as defined in Sec. 251.51 of this 
subpart.
    (d) Unless otherwise required by order issued under Sec. 261.50 or 
by regulation issued under Sec. 261.70 of this chapter, the use of 
existing forest development roads and trails does not require a special-
use authorization; however, any such use is subject to compliance with 
all Federal and State laws governing the roads or trails to be used.
[45 FR 38327, June 6, 1980, as amended at 49 FR 25449, June 21, 1984; 53 
FR 16549, May 10, 1988; 60 FR 45293, Aug. 30, 1995]



Sec. 251.51  Definitions.

    Applicant--any individual, partnership, corporation, association, or 
other business 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 whom has 
been delegated the authority to perform the duties described in this 
part.
    Chief--the Chief of the Forest Service.
    Commercial use or activity--any use or activity on National Forest 
System lands (a) where an entry or participation fee is charged, or (b) 
where the primary purpose is the sale of a good or service, and in 
either case, regardless of whether the use or activity is intended to 
produce a profit.
    Easement--a special use authorization for a right-of-way that 
conveys a conditioned interest in National Forest System land, and is 
compensable according to its terms.
    Group use--an activity conducted on National Forest System lands 
that involves a group of 75 or more people, either as participants or 
spectators.
    Holder--any applicant who has received a special use authorization.
    Lease--a special use authorization which conveys a right of 
occupancy and use of National Forest System land or facility for a 
specified period and purpose, and is both revocable and compensable 
according to its terms.
    National Forest System land--all lands, waters, or interests therein 
administered by the Forest Service.
    Noncommercial use or activity--any use or activity that does not 
involve a commercial use or activity as defined in this section.
    Permit--a special use authorization which provides permission, 
without conveying an interest in land, to occupy and use National Forest 
System land or facilities for specified purposes, and which is both 
revocable and terminable.
    Right-of-way--land authorized to be used or occupied for the 
construction, operation, maintenance and termination of a project or 
facility passing over, upon, under or through such land.
    Secretary--the Secretary of Agriculture.
    Ski area--a site and attendant facilities expressly developed to 
accommodate alpine or nordic skiing and from which the preponderance of 
revenue is generated by the sale of lift tickets and fees for ski 
rentals, for skiing instruction and trail passes for the use of 
permittee-maintained ski trails. A ski area may also include ancillary 
facilities directly related to the operation and support of skiing 
activities.
    Special use authorization--a permit, term permit, lease, or easement 
which allows occupancy, use, rights, or privileges of National Forest 
System land.
    Term permit--a special use authorization to occupy and use National 
Forest System land, other than rights-of-way under Sec. 251.53(l) of 
this part, for a specified period which is both revocable and 
compensable according to its terms.
[45 FR 38327, June 6, 1980, as amended at 49 FR 25449, June 21, 1984; 53 
FR 16550, May 10, 1988; 54 FR 22593, May 25, 1989; 60 FR 45293, Aug. 30, 
1995; 60 FR 54409, Oct. 23, 1995]

[[Page 292]]



Sec. 251.52  Delegation of authority.

    Special use authorizations shall be issued, granted, amended, 
renewed, suspended, 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 form and contain such 
terms, stipulations, conditions, and agreements as may be required by 
the regulations of the Secretary and the instructions of the Chief (7 
CFR 2.60; 36 CFR part 200, subpart B).



Sec. 251.53  Authorities.

    Subject to any limitations contained in applicable statutes, the 
Chief of the 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 for the 
types of use specified in this section as follows:
    (a) Permits governing occupancy and use, including group events and 
distribution of noncommercial printed materials, under the act of June 
4, 1897, 30 Stat. 35 (16 U.S.C. 551);
    (b) Leases under the Act of February 28, 1899, 30 Stat. 908 (16 
U.S.C. 495) for public sanitariums or hotels near or adjacent to mineral 
springs;
    (c) Permits under the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 
431, et seq.), for the examination of ruins, the excavation of 
archaeological sites, and the gathering of objects of antiquity in 
conformity with the rules and regulations prescribed by the Secretaries 
of the Interior, Agriculture, and War, December 28, 1906 (43 CFR part 
3);
    (d) Term permits under the Act of March 4, 1915, 38 Stat. 1101, as 
amended, 70 Stat. 708 (16 U.S.C. 497) for periods not over 30 years and 
(1) for not over 80 acres for (i) hotels, resorts, and other structures 
and facilities for recreation, public convenience, or safety; (ii) 
industrial or commercial purposes, and (iii) education or public 
activities; and (2) for not over 5 acres for summer homes and stores;
    (e) Easements for rights-of-way for pipeline purposes for the 
transportation of oil and gas and products thereof where no Federal land 
other than National Forest System land is required, and permits for the 
temporary use of additional National Forest System land necessary for 
construction, operation, maintenance or termination of a pipeline or to 
protect the natural environment or the public safety under section 28 of 
the Mineral Leasing Act of 1920, 41 Stat. 449, as amended, (30 U.S.C. 
185);
    (f) Permits, term permits, and easements in the National Grasslands 
and other lands acquired or administered under title III, Act of July 
22, 1937, 50 Stat. 525, as amended, (7 U.S.C. 1011(d));
    (g) Permits under section 7 of the Act of April 24, 1950, 64 Stat. 
84 (16 U.S.C. 580d) for periods not over 30 years for the use of 
structures or improvements under the administrative control of the 
Forest Service and land used in connection therewith;
    (h) Permits, term permits, leases, or easements as authorized by the 
Act of September 3, 1954, 68 Stat. 1146 (43 U.S.C. 931c, 931d), to 
States, counties, cities, towns, townships, municipal corporations, or 
other public agencies for periods not over 30 years, at prices 
representing the fair market value, fixed by the Chief, through 
appraisal for the purpose of constructing and maintaining on such lands 
public buildings or other public works;
    (i) Permits under the Wilderness Act of September 3, 1964, 78 Stat. 
890 (16 U.S.C. 1131-1136) for temporary structures and commercial 
services and for access to valid mining claims or other valid 
occupancies and to surrounded State or private land within designated 
wilderness (see part 293 of this chapter);
    (j) Temporary or permanent easements under the Act of October 13, 
1964, 78 Stat. 1089 (16 U.S.C. 532-538) for road rights-of-way over 
lands and interests in land administered by the Forest Service (see 
Sec. 212.10 of this chapter);
    (k) Permits under the Land and Water Conservation Fund Act of 
September 3, 1964, 78 Stat. 897, as amended (16 U.S.C. 4601-6a(c)), for 
recreation events and other specialized recreation uses;
    (l) Permits, leases and easements under the Federal Land Policy and 
Management Act of 1976, 90 Stat. 2776 (43 U.S.C. 1761-1771) for rights-
of-way for:

[[Page 293]]

    (1) Reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, 
tunnels, and other facilities and systems for the impoundment, storage, 
transportation, or distribution of water;
    (2) Pipelines and other systems for the transportation or 
distribution of liquids and gases, other than water and other than oil, 
natural gas, synthetic liquid or gaseous fuels, or any refined product 
produced therefrom, and for storage and terminal facilities in 
connection therewith;
    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 
transportation and distribution of solid materials, and facilities for 
the storage of such materials in connection therewith;
    (4) Systems and related facilities for generation, transmission, and 
distribution of electric energy, except that the applicant, in addition 
to obtaining a Forest Service special use authorization, shall also 
comply with all applicable requirements of the Federal Energy Regulatory 
Commission under the Federal Power Act of 1935, as amended, 49 Stat. 838 
(16 U.S.C. 791a, et seq.);
    (5) Systems for transmission or reception of radio, television, 
telephone, telegraph, and other electronic signals and other means of 
communication;
    (6) Roads, trails, highways, railroads, canals, tunnels, tramways, 
airways, livestock driveways, or other means of transportation except 
where such facilities are constructed and maintained in connection with 
commercial recreation facilities;
    (7) Such other necessary transportation or other systems or 
facilities which are in the public interest and which require rights-of-
way over, upon, under, or through National Forest System lands; and
    (8) Any Federal department or agency for pipeline purposes for the 
transportation of oil, natural gas, synthetic liquid or gaseous fuels, 
or any product produced therefrom;
    (m) Permits under the Archaeological Resources Protection Act of 
1979, 93 Stat. 721 (16 U.S.C. 470aa).
    (n) Operation of nordic and alpine ski areas and facilities for up 
to 40 years and encompassing such acreage as the Forest Officer 
determines sufficient and appropriate as authorized by the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
[45 FR 38327, June 6, 1980; 45 FR 43167, June 26, 1980, as amended at 49 
FR 25449, June 21, 1984; 53 FR 16550, May 10, 1988; 54 FR 22594, May 25, 
1989]



Sec. 251.54  Special use applications.

    (a) Preapplication activity. When occupancy or use of National 
Forest System lands is desired, a proponent is encouraged to contact the 
Forest Service office(s) responsible for management of the affected land 
as early as possible so that potential constraints may be identified, 
the proposal can be considered in forest land and resource management 
plans if necessary, and processing of an application can be tentatively 
scheduled. To the extent applicable to the proposed use and occupancy, 
the proponent will be given guidance and information about:
    (1) Possible land use conflicts as identified by review of land 
management plans, landownership records, and other readily available 
information sources; (2) application procedures and probable time 
requirements; (3) applicant qualifications; (4) fees, charges, bonding 
and security requirements; (5) necessary associated clearances, permits, 
and licenses; (6) environmental and management considerations; (7) 
special conditions; and (8) identification of on-the-ground 
investigations which will require temporary use permits. If requested by 
the proponent, the Forest Service officer will, to the extent reasonable 
and authorized by law, not disclose project and program information 
revealed during preapplication contacts.
    (b) Filing applications. Applications for special uses will be filed 
with the District Ranger or Forest Supervisor having jurisdiction over 
the affected land (Sec. 200.2 of this chapter) except:
    (1) Applications for projects on lands under the jurisdiction of two 
or more administrative units of the Forest Service may be filed at the 
most convenient Forest Service office having jurisdiction over part of 
the project and the applicant will be notified where subsequent 
communications should be directed;
    (2) Applications for cost-share and other road easements to be 
issued

[[Page 294]]

under Sec. 251.53(j) will be filed in accordance with regulations in 
Sec. 212.10 (c) and (d) of this chapter; and
    (3) Applications for oil and gas pipeline rights-of-way crossing 
Federal lands under the jurisdiction of two or more Federal agencies 
shall be filed with the State Office, Bureau of Land Management, 
pursuant to regulations in 43 CFR part 2882.
    (c) Coordination of applications. Authorizations for use of National 
Forest System land may be conditioned to require State, county, or other 
Federal agency license, permit, certificate or other approval document, 
such as Federal Communication Commission license, Federal Energy 
Regulatory Commission license, State water right, or county building 
permit. Applicants filing applications with such agencies for a project, 
will simultaneously file an application with the Forest Service under 
this section. To minimize duplication, pertinent information from the 
application made to the other agency can be attached and referred to in 
the Forest Service application.
    (d) Rights of applicants. No rights or use privileges are conveyed 
without a special use authorization.
    (e) Application content--(1) Applicant identification. Any applicant 
for a special use authorization shall provide the applicant's name and 
mailing address, and, if the applicant is not an individual, the name 
and address of the applicant's agent who is authorized to receive notice 
of actions pertaining to the application.
    (2) Required Information--(i) Noncommercial group uses. An applicant 
for noncommercial group uses shall provide the following:
    (A) A description of the proposed activity;
    (B) The location and a description of the National Forest System 
lands and facilities the applicant would like to use;
    (C) The estimated number of participants and spectators;
    (D) The starting and ending time and date of the proposed activity; 
and
    (E) The name of the person or persons 21 years of age or older who 
will sign a special use authorization on behalf of the applicant. 
Paragraphs (e)(3) through (e)(6) of this section shall not apply to 
applications for noncommercial group uses.
    (ii) All other special uses. At a minimum, applications for special 
uses other than noncommercial group uses shall include the information 
contained in paragraphs (e)(3) through (e)(6) of this section. In 
addition, if requested by an authorized officer, an applicant in one of 
the following categories shall furnish the information specified for 
that category:
    (A) A State and local government agency: a copy of the authorization 
under which the application is made;
    (B) A public corporation: the statute or other authority under which 
it was organized;
    (C) A federal government agency: the title of the agency official 
delegated the authority to file the application;
    (D) A private corporation:
    (1) Evidence of incorporation and its current good standing;
    (2) If reasonably obtainable by the applicant, the name and address 
of each shareholder owning three percent or more of the shares. Together 
with the number and percentage of any class of voting shares of the 
entity which such shareholder is authorized to vote;
    (3) The name and address of each affiliate of the entity;
    (4) In the case of an affiliate which is controlled by the entity, 
the number of shares and the percentage of any class of voting stock of 
the affiliate that the entity owns either directly or indirectly; or
    (5) In the case of an affiliate which controls that entity, the 
number of shares and the percentage of any class of voting stock of that 
entity owned, either directly or indirectly by the affiliate; or
    (E) A partnership, association or other unincorporated entity: a 
certified copy of the partnership agreement or other similar document, 
if any, creating the entity, or a certificate of good standing under the 
laws of the State.
    (3) Technical and financial capability. Sufficient evidence will be 
required to satisfy the authorized officer that the applicant has, or 
prior to commencement of construction will have, the technical and 
financial capability to

[[Page 295]]

construct, operate, maintain, and terminate the project for which 
authorization is requested, and is otherwise acceptable.
    (4) Project description. A project description, including map(s), 
shall be required in sufficient detail to enable the authorized officer 
to determine: the feasibility of the project or activity proposed, its 
impacts on the environment, any benefits provided to the public, the 
safety of the proposal, the lands to be occupied or used, the terms and 
conditions to be included, and whether the proposal will comply with 
applicable laws, regulations and orders.
    (5) Environmental protection plan. The applicant's proposed measures 
and plans for the protection and rehabilitation of the environment 
during construction, operation, maintenance, and termination of the 
project shall be required.
    (6) Additional information. The authorized officer may require any 
other information and data necessary to determine feasibility of the 
project or activity proposed; impacts on the environment; compliance 
with applicable laws, regulations, and orders; compliance with 
requirements for associated clearances, certificates, permits, or 
licenses; and suitable terms and conditions to be included in the 
authorization. Requests for additional information if needed will be in 
writing.
    (f) Processing applications. (1) The authorized officer will 
acknowledge receipt of the application in writing.
    (2) The authorized officer will assess the applicant's 
qualifications; complete an environmental analysis, assessment and/or an 
environmental impact statement under the National Environmental Policy 
Act of 1969; determine compliance with other applicable laws, 
regulations and orders; consult with other agencies, local officials, or 
interested parties and hold public meetings upon reasonable notice when 
sufficient interest exists to warrant the time and expense; and take any 
other action necessary to fully evaluate and make a decision to approve 
or deny the application and to prescribe suitable terms and conditions.
    (3) Federal, State, and local government agencies and the public 
will be given adequate notice and an opportunity to comment upon special 
use proposals in accordance with Forest Service practices established 
under the National Environmental Policy Act, and/or other pertinent 
direction.
    (4) The authorized officer shall give due deference to the findings 
of another agency such as the Public Utility Commission, the Federal 
Energy Regulatory Commission, or the Interstate Commerce Commission in 
lieu of another detailed finding. If this information is already on file 
with the Forest Service, it need not be refiled if reference is made to 
the previous filing date, place, and case number.
    (5) Applications for noncommercial group uses must be received at 
least 72 hours in advance of the proposed activity. Applications for 
noncommercial group uses shall be processed in order of receipt, and the 
use of a particular area shall be allocated in order of receipt of fully 
executed applications, subject to any relevant limitations set forth in 
this section. All applications for noncommercial group uses shall be 
deemed granted and an authorization shall be issued for those uses 
unless the applications are denied within 48 hours of receipt. Where an 
application for a noncommercial group use has been granted or is deemed 
to have been granted and an authorization has been issued under this 
paragraph, an authorized officer may revoke that authorization only as 
provided under Sec. 251.60(a)(1)(i).
    (g) Special application procedures. (1) Oil and gas pipeline rights-
of-way. These will include the citizenship of the applicant(s) and 
disclose the identity of its participants as follows:
    (i) Citizens of another country, the laws, customs, or regulations 
of which deny similar or like privileges to citizens or corporations of 
the United States, shall not own an appreciable interest in any oil and 
gas pipeline right-of-way or associated permit; and
    (ii) The authorized officer shall notify the House Committee on 
Interior and Insular Affairs and the Senate Committee on Energy and 
Natural Resources promptly upon receipt of an application for a right-
of-way for a pipeline twenty-four (24) inches or more in diameter, and 
no right-of-way for such a pipeline shall be granted until sixty

[[Page 296]]

(60) days (not counting days on which the House of Representatives or 
the Senate has adjourned for more than three (3) days) after a notice of 
intention to grant the right-of-way, together with the authorized 
officer's detailed findings as to terms and conditions he proposes to 
impose, has been submitted to such committees, unless each committee by 
resolution waives the waiting period.
    (2) Electric power transmission lines 66 KV or over. Each 
application for authority to construct and maintain a facility for the 
generation of electric power and energy or for the transmission or 
distribution of electric power and energy of 66 kilovolts or higher 
under this section shall be referred to the Secretary of Energy for 
consultation.
    (h) Response to applications for noncommercial group uses. (1) An 
authorized officer shall grant an application for a special use 
authorization for a noncommercial group use upon a determination that:
    (i) Authorization of the proposed activity is not prohibited by the 
rules at 36 CFR part 261, subpart A, or by orders issued under 36 CFR 
part 261, subpart B, or by Federal, State, or local law unrelated to the 
content of expressive activity;
    (ii) Authorization of the proposed activity is consistent or can be 
made consistent with standards and guidelines in the applicable forest 
land and resource management plan required under the National Forest 
Management Act and 36 CFR part 219;
    (iii) The proposed activity does not materially impact the 
characteristics or functions of the environmentally sensitive resources 
or lands identified in Forest Service Handbook 1909.15, chapter 30.
    (iv) The proposed activity will not delay, halt, or prevent 
administrative use of an area by the Forest Service or other scheduled 
or existing uses or activities on National Forest System lands, 
including but not limited to uses and activities authorized under parts 
222, 223, 228, and 251 of this chapter;
    (v) The proposed activity does not violate state and local public 
health laws and regulations as applied to the proposed site. Issues 
addressed by state and local public health laws and regulations as 
applied to the proposed site include but are not limited to:
    (A) The sufficiency of sanitation facilities;
    (B) The sufficiency of waste-disposal facilities;
    (C) The availability of sufficient potable drinking water;
    (D) The risk of disease from the physical characteristics of the 
proposed site or natural conditions associated with the proposed site; 
and
    (E) The risk of contamination of the water supply;
    (vi) The proposed activity will not pose a substantial danger to 
public safety. Considerations of public safety shall not include 
concerns about possible reaction to the users' identity or beliefs from 
non-members of the group that is seeking an authorization and shall be 
limited to the following;
    (A) The potential for physical injury to other forest users from the 
proposed activity;
    (B) The potential for physical injury to users from the physical 
characteristics of the proposed site or natural conditions associated 
with the proposed site;
    (C) The potential for physical injury to users from scheduled or 
existing uses or activities on National Forest System lands; and
    (D) The adequacy of ingress and egress in case of an emergency;
    (vii) The proposed activity does not involve military or 
paramilitary training or exercises by private organizations or 
individuals, unless such training or exercises are federally funded; and
    (viii) A person or persons 21 years of age or older have been 
designated to sign and do sign a special use authorization on behalf of 
the applicant.
    (2) If an authorized officer denies an application because it does 
not meet the criteria in paragraphs (h)(1)(i) through (h)(1)(viii) of 
this section, the authorized officer shall notify the applicant in 
writing of the reasons for the denial. If an alternative time, place, or 
manner will allow the applicant to meet the eight evaluation criteria, 
an authorized officer shall offer that alternative. If an application is 
denied solely under paragraph (h)(1)(iii) of this

[[Page 297]]

section and all alternatives suggested are unacceptable to the 
applicant, the authorized officer shall offer to have completed the 
requisite environmental and other analysis for the requested site. A 
decision to grant or deny the application for which an environmental 
assessment or an environmental impact statement is prepared shall be 
subject to the notice and appeal procedures at 36 CFR part 215 and shall 
be made within 48 hours after the decision becomes final under that 
appeal process. A denial of an application under paragraphs (h)(1)(i) 
through (h)(1)(viii) of this section constitutes final agency action and 
is immediately subject to judicial review.
    (i) Response to applications for all other special uses. An 
authorized officer may deny issuance of an authorization for all other 
special uses, including group events not subject to paragraph (h) of 
this section, if that officer determines that:
    (1) The proposed use would be inconsistent or incompatible with the 
purpose(s) for which the lands are managed, or with other uses; or
    (2) The proposed use would not be in the public interest; or
    (3) The applicant is not qualified; or
    (4) The use would otherwise be inconsistent with applicable Federal 
and State laws; or
    (5) The applicant does not or cannot demonstrate technical or 
financial capacity.
    (6) There is no person or entity authorized to sign a special use 
authorization on behalf of the group applying for an authorization and/
or there is no person or entity willing to accept responsibility for the 
group's adherence to the terms and conditions of the permit.

When an application is denied on the basis of paragraph (i)(1) or (i)(3) 
of this section, the authorized officer shall provide the applicant the 
opportunity to accept an alternative site or time selected by that 
officer.
[45 FR 38327, June 6, 1980; 45 FR 43167, June 26, 1980, as amended at 48 
FR 29122, June 24, 1983; 49 FR 46895, Nov. 29, 1984; 53 FR 16550, May 
10, 1988; 60 FR 45294, Aug. 30, 1995]



Sec. 251.55  Nature of interest.

    (a) A holder is authorized only to occupy such land and structures 
and conduct 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 prior written 
approval of the authorized officer, but the holder shall continue to be 
responsible for compliance with all conditions of the special use 
authorization.
    (b) All rights not expressly granted are retained by the United 
States, including but not limited to (1) continuing rights of access to 
all National Forest System land (including the subsurface and air 
space); (2) a continuing right of physical entry to any part of the 
authorized facilities for inspection, monitoring, or for any other 
purposes or reason consistent with any right or obligation of the United 
States under any law or regulation; and (3) the right to require common 
use of the land or to authorize the use by others in any way not 
inconsistent with a holder's existing rights and privileges after 
consultation with all parties and agencies involved. When costs can be 
feasibly allocated and have not been amortized, a new holder may be 
required to compensate existing holders for an equitable proportion of 
the original costs or other expense associated with the common use.
    (c) Special use authorizations are subject to all outstanding valid 
rights.
    (d) Each special use authorization will specify the lands to be used 
or occupied which shall be limited to that which the authorized officer 
determines: (1) Will be occupied by the facilities authorized; (2) to be 
necessary for the construction, operation, maintenance, and full 
utilization of the authorized facilities or the conduct of authorized 
activities; and, (3) to be necessary to protect the public health and 
safety and the environment.
    (e) The holder will secure permission under applicable law, and pay 
in advance, the value as determined by the authorized officer for any 
mineral and vegetative materials (including timber) to be cut, removed, 
used, or destroyed by the holder from the authorized use area or other 
National Forest System

[[Page 298]]

land. The authorized officer may, in lieu of requiring an advance 
payment, require the holder to stockpile or stack the material at 
designated locations for later disposal by the United States.



Sec. 251.56  Terms and conditions.

    (a) General. Each special use authorization shall contain: (1) Terms 
and conditions which will (i) carry out the purposes of applicable 
statutes and rules and regulations issued thereunder; (ii) minimize 
damage to scenic and esthetic values and fish and wildlife habitat and 
othewise protect the environment; (iii) require compliance with 
applicable air and water quality standards established by or pursuant to 
applicable Federal or state law; and (iv) require compliance with State 
standards for public health and safety, environmental protection, and 
siting, construction, operation, and maintenance if those standards are 
more stringent than applicable Federal standards; and
    (2) Such terms and conditions as the authorized officer deems 
necessary to (i) protect Federal property and economic interests; (ii) 
manage efficiently the lands subject to the use or adjacent thereto; 
(iii) protect other lawful users of the lands adjacent to or occupied by 
such use; (iv) protect lives and property; (v) protect the interests of 
individuals living in the general area of the use who rely on the fish, 
wildlife, and other biotic resources of the area for subsistence 
purposes; (vi) require siting to cause least damage to the environment, 
taking into consideration feasibility and other relevant factors; and 
(vii) otherwise protect the public interest.
    (b) Duration and renewability--(1) Requirements. If appropriate, 
each special use authorization will specify its duration and 
renewability. The duration shall be no longer than the authorized 
officer determines to be necessary to accomplish the purpose of the 
authorization and to be reasonable in light of all circumstances 
concerning the use, including (i) resource management direction 
contained in land management and other plans; (ii) public benefits 
provided; (iii) cost and life expectancy of the authorized facilities; 
(iv) financial arrangements for the project; and (v) the life expectancy 
of associated facilities, licenses, etc. Except for special use 
authorizations issued under the National Forest Ski Area Permit Act of 
1986, authorizations exceeding 30 years shall provide for revision of 
terms and conditions at specified intervals to reflect changing times 
and conditions.
    (2) Ski area permits. (i) For authorizations issued under the 
National Forest Ski Area Permit Act of 1986, the authorized officer 
normally shall issue a ski area authorization for 40 years, if, upon 
consideration of information submitted by the applicant, the authorized 
officer finds that the ski area development meets the following 
standards:
    (A) In the case of an existing permit holder, existing on-site 
investment is of sufficient magnitude to justify authorization for 40 
years;
    (B) In the case of an existing permit holder, existing investment of 
capital is in ski-related facilities;
    (C) Planned investment capital is directly related to development of 
ski area facilities and is not for financing regular, ongoing operation 
and maintenance costs;
    (D) Ski facilities requiring long-term investment are, or will be, 
located predominately on land authorized under a permit;
    (E) The number and magnitude of planned facilities, as detailed in a 
Master Development Plan, clearly require long-term financing and/or 
operation;
    (F) The United States is not the owner of the principal facilities 
within the authorized ski area.
    (ii) A term of less than 40 years shall be authorized for a ski area 
when the applicant requests a shorter term or when, in the authorized 
officer's discretion:
    (A) Analysis of the information submitted by the applicant indicates 
that a shorter term is sufficient for financing of the ski area;
    (B) The ski area development, whether existing or proposed, does not 
meet the standards of paragraph (2)(i)(A) through (F) of this section; 
or
    (C) A 40-year authorization would be inconsistent with the approved 
forest land and resource management plan governing the area (36 CFR part 
219).
    (c) Preconstruction approvals. Forest Service approval of location, 
design

[[Page 299]]

and plans (or standards, if appropriate) of all developments within the 
authorized area will be required prior to construction.
    (d) Liability. Holders shall pay the United States for all injury, 
loss, or damage, including fire suppression costs, in accordance with 
existing Federal and State laws.
    (1) Holders shall also indemnify the United States for any and all 
injury, loss, or damage, including fire suppression costs, the United 
States may suffer as a result of claims, demands, losses, or judgments 
caused by the holder's use or occupancy.
    (2) Holders of rights-of-way for high risk use and occupancy, such 
as, but not limited, to powerlines, and oil and gas pipelines, shall be 
held liable for all injury, loss, or damage, including fire suppression 
costs, caused by the holder's use or occupancy without regard to the 
holder's negligence, provided that the maximum liability shall be 
specified in the special use authorization, but shall not exceed 
$1,000,000 for any one occurrence. Liability for injury, loss or damage, 
including fire suppression costs, in excess of the specified maximum 
shall be determined by the laws governing ordinary negligence of the 
jurisdiction in which the damage or injury occurred.
    (e) Bonding. An authorized officer may require the holder of a 
special use authorization for other than a noncommercial group use to 
furnish a bond or other security to secure all or any of the obligations 
imposed by the terms of the authorization or by any applicable law, 
regulation or order.
    (f) Special terms and conditions-- (1) Public service enterprises. 
Special use permits authorizing the operation of public service 
enterprises shall require that the permittee charge reasonable rates and 
furnish such services as may be necessary in the public interest, except 
where such rates and services are regulated by Federal, State or 
municipal agencies having jurisdiction.
    (2) Common carriers. Oil and gas pipelines and related facilities 
authorized under section 28 of the Mineral Leasing Act of 1920, 41 Stat. 
449, as amended (30 U.S.C. 185), shall be constructed, operated and 
maintained as common carriers. The owners or operators of pipelines 
shall accept, convey, transport, or purchase without discrimination all 
oil or gas delivered to the pipeline without regard to whether such oil 
or gas was produced on Federal or nonfederal lands. In the case of oil 
or gas produced from Federal lands or from the resources on the Federal 
lands in the vicinity of the pipeline, the Secretary may, after a full 
hearing with due notice thereof to interested parties and a proper 
finding of facts, determine the proportionate amounts to be accepted, 
conveyed, transported, or purchased. The common carrier provisions of 
this section shall not apply to any natural gas pipeline operated (i) by 
any person subject to regulation under the Natural Gas Act, 52 Stat. 
821, as amended, (15 U.S.C. 717) or (ii) by any public utility subject 
to regulation by a State or municipal regulatory agency having 
jurisdiction to regulate the rates and charges for the sale of natural 
gas to consumers within the State or municipality. Where natural gas not 
subject to State regulatory or conservation laws governing its purchase 
by pipeline companies is offered for sale, each pipeline company shall 
purchase, without discrimination, any such natural gas produced in the 
vicinity of the pipeline.
    (g) Conversion of Ski Area Authorizations. (1) The Forest Service 
shall request that all existing permit holders convert existing 
authorizations for ski areas to a new authorization issued pursuant to 
the National Forest Ski Area Permit Act.
    (2) Any current holder of a ski area permit who wishes to convert an 
existing permit to one issued pursuant to the National Forest Ski Area 
Permit Act must submit a written request for the new authorization to 
the authorized officer.
    (3) With the consent of the holder, the authorized officer shall 
convert the authorization if:
    (i) The holder is in compliance with the existing authorization;
    (ii) All fees currently due under the existing authorization are 
paid in full; and
    (iii) Any proposed modifications of terms and conditions of the 
existing authorization included in a request for

[[Page 300]]

conversion meet the standards of paragraphs (2)(i) (A) through (F) of 
this section and the relevant requirements of this subpart.
    (4) A holder retains the right to decline a new authorization 
offered pursuant to this paragraph and to continue to operate under the 
terms of the existing permit. However, pursuant to the rules at 
Sec. 251.61 of this subpart, major modifications of existing permits 
shall require conversion to a permit issued under the authority of the 
National Forest Ski Area Permit Act, unless the holder provides 
compelling justification for retaining the existing permit.
[45 FR 38327, June 6, 1980, as amended at 49 FR 46895, Nov. 29, 1984; 54 
FR 22594, May 25, 1989; 60 FR 45294, Aug. 30, 1995]



Sec. 251.57  Rental fees.

    (a) Special use authorizations, except as otherwise provided in this 
part or when specifically authorized by the Secretary of Agriculture, 
shall require the payment in advance of an annual rental fee as 
determined by the authorized officer. The fee will be based upon the 
fair market value of the rights and privileges authorized as determined 
by appraisal or other sound business management principles. When the 
annual fee is less than $100, an advance lump-sum payment for up to five 
years may be required.
    (b) All or part of the fee may be waived by the authorized officer, 
when equitable and in the public interest, for the use and occupancy of 
National Forest System land in the following circumstances:
    (1) The holder is a State or local government or any agency or 
instrumentality thereof, excluding municipal utilities and cooperatives 
whose principal source of revenue from the authorized use is customer 
charges; or
    (2) The holder is a nonprofit association or nonprofit corporation, 
which is not controlled or owned by profit-making corporations or 
business enterprises, and which is engaged in public or semi-public 
activity to further public health, safety, or welfare, except that free 
use will not be authorized when funds derived by the holder through the 
authorization are used to increase the value of the authorized 
improvements owned by the holder, or are used to support other 
activities of the holder; or
    (3) The holder provides without charge, or at reduced charge, a 
valuable benefit to the public or to the programs of the Secretary; or
    (4) When the rental fee is included in the fees for an authorized 
use or occupancy for which the United States is already receiving 
compensation; or
    (5) When a right-of-way is authorized in reciprocation for a right-
of-way conveyed to the United States; or
    (6) For rights-of-way involving cost-share roads or reciprocal 
right-of-way agreements.
    (c) No rental fee will be charged when the holder is the Federal 
government.
    (d) No fee shall be charged when the authorization is for a 
noncommercial group use as defined in Sec. 251.51 of this subpart.
    (e) Special use authorizations issued under Sec. 251.53(g) of this 
part may require as all or a part of the consideration the 
reconditioning and maintenance of the government-owned or controlled 
structures, improvements, and land to a satisfactory standard. The total 
consideration will be based upon the fair market value of the rights and 
privileges authorized.
    (f) Special use authorizations involving government-owned or 
controlled buildings, structures, or other improvements which require 
caretakers' services, or the furnishing of special services such as 
water, electric lights, and clean-up, may require the payment of an 
additional fee or charge to cover the cost of such services.
    (g) Except where specified otherwise by terms of a special use 
authorization, rental fees may be initiated or adjusted whenever 
necessary: (1) As a result of fee review, reappraisal; or (2) upon a 
change in the holder's qualifications under paragraph (b) of this 
section; and (3) notice is given prior to initiating or adjusting rental 
fees.
    (h) In addition to the fee waiver provisions of paragraph (b) of 
this section, the Forest Supervisor of the Mark Twain National Forest 
may, until December 31, 1990, waive rental fees for special use permits 
when all of the following conditions are met:

[[Page 301]]

    (1) The rental fee established for the use reflects the current 
market value for the use;
    (2) The cost of collecting the rental fee would exceed either the 
amount of the rental fee itself, or the amount of any advance lump sum 
payment of the rental fee as specified in paragraph (a) of this section, 
and
    (3) The Forest Supervisor has exhausted all other reasonable 
alternatives, such as consolidated billing or similar cost saving 
measures.
    (i) Each ski area authorization issued under the authority of the 
National Forest Ski Area Permit Act shall include a clause that provides 
that the Forest Service may adjust and calculate future rental fees to 
reflect Agency revisions to the existing system for determining fees 
based on fair market value or to comply with any new fee system for 
determining fees based on fair market value that may be adopted after 
issuance of the authorization.
[45 FR 38327, June 6, 1980, as amended at 51 FR 16683, May 6, 1986; 54 
FR 22594, May 25, 1989; 60 FR 45294, Aug. 30, 1995]



Sec. 251.58  Cost reimbursement. [Reserved]



Sec. 251.59  Transfer of special use privileges.

    Except for easements issued under authorities other than Sec. 251.53 
(e) and (l) of this part, a special use authorization may be transferred 
upon application and the approval of the authorized officer. The 
transferee must qualify and agree to comply with and be bound by the 
terms and conditions of the authorization and such new conditions and 
stipulations as existing or prospective circumstances may warrant. If 
the holder, through death, voluntary sale, transfer, or through 
enforcement of a valid legal proceeding or operation of law, shall cease 
to be the owner of the authorized physical improvements, the 
authorization shall be subject to termination.



Sec. 251.60  Termination, revocation, and suspension.

    (a) Grounds for termination, revocation, and suspension. (1) 
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 one of the following circumstances:
    (A) Under the criteria for which an application for a special use 
authorization may be denied under Sec. 251.54(h)(1);
    (B) For noncompliance with applicable statutes or regulations or the 
terms and conditions of the authorization;
    (C) For failure of the holder to exercise the rights or privileges 
granted; or
    (D) With the consent of the holder.
    (ii) Administrative or judicial review. Revocation or suspension of 
a special use authorization under this paragraph constitutes final 
agency action and is immediately subject to judicial review.
    (iii) Termination. A special use authorization for a noncommercial 
group use terminates when it expires by its own terms. Termination of a 
special use authorization under this paragraph does not involve agency 
action and is not subject to administrative or judicial review.
    (2) All other special uses. An authorized officer may terminate, 
suspend, or revoke a special use authorization for all other special 
uses except an easement issued pursuant to Sec. 251.53(e) and (l):
    (i) For noncompliance with applicable statutes, regulations, or the 
terms and conditions of the authorization;
    (ii) For failure of the holder to exercise the rights or privileges 
granted;
    (iii) With the consent of the holder; or
    (iv) When, by its terms, a fixed or agreed upon condition, event, or 
time occurs. Termination, revocation, or suspension of a special use 
authorization under this paragraph is subject to administrative and 
judicial review in accordance with 36 CFR part 251, subpart C.
    (b) A special use authorization may be suspended, revoked, or 
terminated at the discretion of the authorized officer for reasons in 
the public interest, except that this provision shall not apply to a 
special use authorization for a noncommercial group use.
    (c) A right-of-way authorization granted to another Federal agency 
will

[[Page 302]]

be limited, suspended, revoked, or terminated only with that agency's 
concurrence.
    (d) A right-of-way authorization serving another Federal agency will 
be limited, suspended, revoked, or terminated only after advance notice 
to, and consultation with, that agency.
    (e) Prior to suspension, revocation, or termination, the authorized 
officer shall give the holder written notice of the grounds for such 
action and reasonable time to cure any noncompliance.
    (f) Immediate temporary suspension of a special use authorization, 
in whole or in part, may be required when the authorized officer 
determines it to be necessary to protect the public health or safety or 
the environment. In any such case, the superior of the authorized 
officer will, within 10 days of request of the holder, arrange for an 
on-the-ground review of the adverse conditions with the holder. 
Following this review the superior will take action to affirm, modify or 
cancel the temporary suspension as soon as possible.
    (g) Except for suspension or termination of easements issued 
pursuant to Sec. 251.53 (e) and (l) of this part all appeals from any 
decision of an authorized officer under this section shall be taken 
under 36 CFR part 211, subpart B of this chapter.
    (h) The authorized officer may take actions to suspend, revoke, or 
terminate easements issued pursuant to Sec. 251.53 (e) and (l) of this 
part under the Rules of Practice Governing Formal Adjudicatory 
Administrative Proceedings Instituted by the Secretary under 7 CFR 1.130 
through 1.151. No administrative proceeding shall be required if the 
easement, by its terms, provides that it terminates on the occurrence of 
a fixed or agreed-upon condition, event, or time.
    (i) The Chief may terminate any easement granted under the 
provisions of the Act of October 13, 1964, 78 Stat. 1089 (16 U.S.C. 
534): (1) By consent of the owner of the easement, (2) by condemnation, 
or (3) upon abandonment after nonuse by the owner of the easement for a 
period of 5 years. Before any easement is terminated for nonuse or 
abandonment, the owner of the easement must be given notice and, upon 
his request made within 60 days after receipt of the notice, a hearing 
in accordance with the provisions of 36 CFR part 211, subpart B of this 
chapter.
    (j) Upon termination of a special use authorization, the holder 
shall remove within a reasonable time the structures and improvements 
and shall restore the site to a condition satisfactory to the authorized 
officer, unless otherwise waived in writing or in the authorization. If 
the holder fails to remove the structures or improvements within a 
reasonable period, as determined by the authorized officer, they shall 
become the property of the United States, but that will not relieve the 
holder's liability for the removal and site restoration costs.
[45 FR 38327, June 6, 1980; 45 FR 43167, June 26, 1980, as amended at 48 
FR 28639, June 23, 1983; 60 FR 45295, Aug. 30, 1995]



Sec. 251.61  Modifications.

    (a) A holder shall file a new or amended application for a special 
use authorization to 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, the findings or 
recommendations of other involved agencies and whether the terms and 
conditions of the existing authorization may be continued or revised, or 
a new authorization issued.
    (2) Changes during construction, or at any other time, from the 
approved plans or the location shown in the application or authorization 
shall be allowed only with the prior approval of the authorized officer.
    (b) A holder may be required to furnish as-built plans, map(s), or 
survey(s) upon completion of construction.
    (c) A holder shall obtain approval of the authorized officer prior 
to maintenance or other activities that will impact the environment, 
other users, or the public.



Sec. 251.62  Acceptance.

    Except for an easement, a special use authorization shall become 
effective when signed by both the applicant and the authorized officer. 
The authorization must be signed by the applicant and returned to the 
authorized officer

[[Page 303]]

within 60 days of its receipt by the applicant, unless extended by the 
authorized officer. Refusal of an applicant to sign and accept a special 
use authorization within the time allowed, and before its final approval 
and signature by an authorized officer, shall terminate an application 
and constitute denial of the requested use and occupancy.
[53 FR 16550, May 10, 1988]



Sec. 251.63  Reciprocity.

    If it is determined that a right-of-way shall be needed by the 
United States across 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 authorization to require 
the holder to grant the United States the needed right-of-way.



Sec. 251.64  Renewals.

    (a) When a special use authorization provides for renewal, the 
authorized officer shall 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 in accordance 
with all the provisions of the authorization. In making such renewal, 
the authorized officer may modify the terms, conditions, and special 
stipulations to reflect any new requirements imposed by current Federal 
and State land use plans, laws, regulations or other management 
decisions.
    (b) When a special use authorization does not provide for renewal, 
it is discretionary with the authorized officer, upon request from the 
holder and prior to its expiration, whether or not the authorization 
shall be renewed. A renewal pursuant to this section shall comply with 
the same provisions contained in paragraph (a) of this section.



Sec. 251.65  Information collection requirements.

    (a) The rules of this subpart governing special use applications 
(Sec. 251.54) and modifications of special use authorizations 
(Sec. 251.61) specify the information that applicants for special use 
authorizations or holders of existing authorizations must provide in 
order for a Forest officer to act on a request. As such, these rules 
contain information requirements as defined in 5 CFR part 1320. These 
information requirements are assigned control number 0596-0082.
    (b) Public reporting burdens for this collection of information is 
estimated to vary from a 30 minutes in very simple cases to several 
months for extremely complex requests for authorizations, with an 
average of 4 hours per response. This estimate includes time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the collection 
of information. Send comments regarding the burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to Chief (2700) Forest Service, USDA, P.O. Box 
96090, Washington, DC 20090-6090 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.
[54 FR 6893, Feb. 15, 1989]



Subpart C--Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands

    Authority: 16 U.S.C. 472, 551.

    Source: 54 FR 3362, Jan. 23, 1989, unless otherwise noted.



Sec. 251.80  Purpose and scope.

    (a) This subpart provides a process by which those who hold or, in 
certain instances, those who apply for written authorizations to occupy 
and use National Forest System lands, may appeal a written decision by 
an authorized Forest Service line officer with regard to issuance, 
approval, or administration of the written instrument. The rules in the 
subpart establish who may appeal under these rules, the kinds of 
decisions that can and cannot be appealed, the responsibilities of 
parties to the appeal, and the various procedures and timeframes that 
will govern the conduct of appeals under this subpart.
    (b) The rules in this subpart seek to offer appellants a fair and 
deliberate

[[Page 304]]

process for appealing and obtaining administrative review of decisions 
regarding written instruments that authorize the occupancy and use of 
National Forest System lands.



Sec. 251.81  Definitions and terminology.

    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 subpart by an applicant for or a 
holder of a written instrument issued or approved by a Forest Service 
line officer.
    Appeal decision. The written decision rendered by the Reviewing 
Officer on an appeal for relief under this subpart. The use of this term 
is limited to the final decision of a Reviewing Officer and does not 
refer to a stay decision or to any other determinations or procedural 
orders made on the conduct of an appeal (Sec. 251.99).
    Appeal record. The documents submitted to the Reviewing Officer by 
an appellant, intervenor, or Deciding Officer (Sec. 251.98).
    Appellant. An eligible applicant for or holder of a written 
instrument issued for the occupancy and use of National Forest System 
land (or their authorized agent or representative) who files an appeal 
pursuant to the provisions of this subpart (Sec. 251.86).
    Deciding officer. The Forest Service line officer who makes a 
decision related to issuance, approval, or administration of an 
authorization to occupancy and use National Forest System lands that is 
appealed under this subpart.
    Decisions regarding a written instrument or authorization to occupy 
and use National Forest System lands. A broad, all inclusive phrase used 
throughout this subpart to connote the full range of actions and 
decisions a forest officer takes to issue written instruments, or to 
manage authorized uses of National Forest System lands, including, but 
not limited to, enforcement of terms and conditions, and suspension, 
cancellation, and/or termination of an authorization.
    Forest Service line officer. The Chief of the Forest Service or a 
Forest Service official who serves in a direct line of command from the 
Chief and who has the delegated authority to make and execute decisions 
under this subpart. Specifically, for the purposes of this subpart, a 
Forest Service employee who holds one of the following offices and 
titles: District Ranger, Forest Supervisor, Deputy Forest Supervisor, 
Regional Forester, Deputy Regional Forester, Deputy Chief, Associate 
Deputy Chief, Associate Chief, or the Chief of the Forest Service.
    Intervenor. An individual who, or organization that, is an applicant 
for or holder of the written instrument, or a similar instrument, issued 
by the Forest Service that is the subject of an appeal, and who has an 
interest that could be affected by an appeal, and who has made a timely 
request to intervene in that appeal, and who has been granted intervenor 
status by the Reviewing Officer (Sec. 251.96).
    Issuance of a written instrument of authorization. Applies both to 
decisions to grant and to deny a written instrument or authorization.
    Notice of appeal. The document prepared and filed by an appellant to 
dispute a decision subject to review under this subpart (Sec. 251.90).
    Oral presentation. An informal meeting (in person or by telephone) 
at which an appellant, intervenor, and/or Deciding Officer may present 
information related to an appeal to the Reviewing Officer (Sec. 251.97).
    Parties to an appeal. The appellant(s), intervenor(s), and the 
Deciding Officer.
    Responsive statement. A written document prepared by a Deciding 
Officer that responds to the notice of appeal record by an appellant 
(Sec. 251.94).
    Reviewing Officer. The officer at the next administrative level 
above that of the Deciding Officer who conducts appeal proceedings, 
makes all necessary rulings regarding conduct of an appeal, and issues 
the appeal decision.
    Written instrument or authorization. Any of those kinds of documents 
listed in Sec. 251.82 of this subpart issued or approved by the Forest 
Service authorizing an individual, organization or other entity to 
occupy and use National Forest System lands and resources.
[54 FR 3362, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989]

[[Page 305]]



Sec. 251.82  Appealable decisions.

    (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 to occupy and use 
National Forest System lands, including but not limited to:
    (1) Permits for ingress and egress to intermingled and adjacent 
private lands across National Forest System lands, 36 CFR 212.8 and 
212.10.
    (2) Permits and occupancy agreements on National Grasslands and 
other lands administered under the provisions of title III of Bankhead-
Jones Farm Tenant Act issued under 36 CFR 213.3.
    (3) Grazing and livestock use permits issued under 36 CFR part 222, 
subpart A.
    (4) Mining plans of operation under 36 CFR part 228, subpart A.
    (5) Mining operating plans for the Sawtooth National Recreation Area 
issued under 36 CFR 292.17 and 292.18.
    (6) Permits and agreements regarding mineral materials (petrified 
wood and common varieties of sand, gravel, stone, pumice, pumicite, 
cinder, clay and other similar materials) under 36 CFR 228, subpart C.
    (7) Permits authorizing exercise of mineral rights reserved in 
conveyance to the United States issued under 36 CFR part 251, subpart A.
    (8) Special use authorizations issued under 36 CFR part 251, subpart 
B, except, as provided in Sec. 251.60(g), for suspension or termination 
of easements issued pursuant to 36 CFR 251.53(e) and (e)(1).
    (9) Permits for uses in Wilderness Areas issued under 36 CFR 293.3.
    (10) Permits to excavate and/or remove archaeological resources 
issued under the Archaeological Resources Protection Act 1979 and 36 CFR 
part 296.
    (11) Approval/non-approval of Surface Use Plans of Operations 
related to the authorized use and occupancy of a particular site or 
area.
    (12) Decisions related to the standards for the use, subdivision, 
and development of privately owned property within the boundaries of the 
Sawtooth National Recreation Area pursuant to 36 CFR part 292, subpart 
C.
    (b) Written decisions on any of the matters of the type listed in 
paragraph (a) of this section issued by a Forest Service staff officer 
with delegated authority to act for a Forest Service line officer are 
considered to be decisions of the line officer.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.83  Decisions not appealable.

    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.
    (b) Decisions involving Freedom of Information Act denials under 7 
CFR part 1 or Privacy Act determinations under 7 CFR 1.118.
    (c) Decisions for which the jurisdiction of another Government 
agency, the Comptroller General, or a court to hear and settle disputes 
supersedes that of the Department of Agriculture.
    (d) Recommendations of Forest Service line officers to higher 
ranking Forest Service line officers or to other entities having final 
authority to implement the recommendation in question.
    (e) Decisions appealable under separate administrative proceedings, 
including, but not limited to, those under 36 CFR 223.117 
(Administration of Cooperative for Federal Sustained Yield Units); 7 CFR 
21.104 (Eligibility for Recreation Payment of Amount); and 4 CFR part 21 
(Bid Protests).
    (f) Decisions pursuant to Office of Management and Budget Circular 
A-76, Performance of Commercial Activities.
    (g) Decisions concerning contracts under the Federal Property and 
Administrative Services Act of 1949, as amended.
    (h) Decisions covered by the Contract Disputes Act.
    (i) Decisions involving Agency personnel matters.
    (j) Decisions where relief sought is reformation of a contract or 
award of monetary damages.
    (k) Decisions made during the preliminary planning process pursuant 
to 36 CFR part 219 and 40 CFR parts 1500-1508 that precede decisions to 
implement the proposed action.

[[Page 306]]

    (l) Decisions related to National Forest land and resource 
management plans and projects only reviewable under 36 CFR part 217.
    (m) Decisions related to rehabilitation of National Forest System 
lands and recovery of forest resources resulting from natural disasters 
or other natural phenomena such as wildfires, severe wind, earthquakes, 
and flooding when the Regional Forester or, in situations of national 
significance, the Chief of the Forest Service determines and gives 
notice that good cause exists to exempt such decisions from appeal under 
this subpart.
    (n) Decisions imposing penalties for archaeological violations under 
36 CFR 296.15 or for violations of prohibitions and orders under 36 CFR 
part 261.
    (o) Reaffirmation of prior decisions.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.84  Obtaining notice.

    A 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 holder of like instruments who 
has made a written request to be notified of a specific decision. The 
notice shall include a statement of the Deciding Officer's willingness 
to meet with applicants or holders to hear and discuss any concerns or 
issues related to the decision (Sec. 251.93). The notice shall also 
specify the name of the officer to whom an appeal of the decision may be 
filed, the address, and the deadline for filing an appeal.



Sec. 251.85  Election of appeal process.

    (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 as 
part 217 of this chapter, a party who qualifies to bring an appeal under 
this subpart can elect which process to use for obtaining review of a 
decision, but in so doing, the appellant thereby forfeits all right to 
appeal the same decision under the other review process. However, a 
holder who waives the right to appeal under the provisions of 36 CFR 
part 217 may intervene pursuant to 36 CFR 217.6(b).



Sec. 251.86  Parties.

    Only the following may 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 Forest Service, files a formal 
written request for a written authorization to occupy and use National 
Forest System land covered under Sec. 251.82 of this subpart and
    (1) Was denied the authorization, or
    (2) Was offered an authorization subject to terms and conditions 
that the applicant finds unreasonable or impracticable.
    (b) The signatory(ies) or holder(s) of a written authorization to 
occupy and use National Forest System land covered under Sec. 251.82 of 
this subpart who seeks relief from a written decision related to that 
authorization.
    (c) An intervenor as defined in Sec. 251.81 of this subpart.
    (d) The Deciding Officer who made the decision being appealed under 
this subpart.



Sec. 251.87  Levels of appeal.

    (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 discretionary. Within 15 calendar days of 
receipt of a timely notice of appeal, the Secretary shall determine 
whether or not to review the decision. If the Secretary has not decided 
to review the Chief's decision by the expiration of the 15-day period, 
the requester(s) shall be notified by the Secretary's office that the 
Chief's decision is the final administrative decision of the Department 
of Agriculture. When the Secretary elects to review an initial decision 
made by the Chief, the Secretary shall conduct the review in accordance 
with the first level appeal procedures outlined in this rule.
    (b) Decisions made By Forest Supervisors and Regional Foresters. 
Only one level of appeal is available on written decisions by Forest 
Service line officers below the level of the Chief and above the level 
of the District Ranger. The levels of available appeal are as follows:

[[Page 307]]

    (1) If the decision is made by a Forest Supervisor, the appeal is 
filed with the Regional Forester;
    (2) If the decision is made by a Regional Forester, the appeal is 
filed with the Chief of the Forest Service.
    (c) Decisions made by the District Ranger. Two levels of appeal are 
available for written decisions by District Rangers.
    (1) The appeal for initial review is filed with the Forest 
Supervisor.
    (2) The appeal for a second level of review is filed with the 
Regional Forester within 15 days of the first level appeal decision. 
Upon receiving such a request, the Regional Forester shall promptly 
request the first level file from the Forest Supervisor. The review 
shall be conducted on the existing record and no additional information 
shall be added to the file.
    (d) Discretionary review of dismissal decisions. Dismissal decisions 
rendered by Forest Service line officers pursuant to this part 
(Sec. 251.92) are subject to only one level of discretionary review 
(Sec. 251.100) as follows:
    (1) If the Reviewing Officer was the Forest Supervisor, the Regional 
Forester has discretion to review.
    (2) If the Reviewing Officer was the Regional Forester, the Chief 
has discretion to review.
    (3) If the Reviewing Officer was the Chief, the Secretary of 
Agriculture has discretion to review.
    (e) Discretionary review of appeal decisions. Appeal decisions 
rendered by Regional Foresters and the Chief pursuant to this part are 
subject to only one level of discretionary review as follows:
    (1) If the Reviewing Officer is the Regional Forester, the Chief of 
the Forest Service has discretion to review.
    (2) If the Reviewing Officer is Chief, the Secretary of Agriculture 
has discretion to review.
    (3) A Regional Forester's decision on a second-level appeal 
constitutes the final administrative determination of the Department of 
Agriculture on the appeal and is not subject to further review by a 
higher level officer under this subpart.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.88  Filing procedures.

    (a) 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 next higher line officer as identified in Sec. 251.87.
    (2) File the notice of appeal within 45 days of the date on the 
notice of the written decision being appealed (Sec. 251.84); and
    (3) Simultaneously send a copy of the notice of appeal to the 
Deciding Officer.
    (b) Evidence of timely filing. It is the responsibility of those 
filing an appeal to file the notice of appeal by the end of the filing 
period. In the event of questions, legible postmarks will be considered 
evidence of timely filing. Where postmarks are illegible, the Reviewing 
Officer shall rule on the timeliness of the notice of appeal. Untimely 
submissions are subject to dismissal as provided for in 
Sec. 251.92(a)(2).
    (c) Computation of time period for filing. (1) The time period for 
filing a notice of appeal of a decision under this subpart begins on the 
first day after the Deciding Officer's written notice of the decision. 
All other time periods applicable to this subpart also will be computed 
to begin on the first day following an event or action related to the 
appeal.
    (2) Time periods applicable to this subpart are computed using 
calendar days. Saturdays, Sundays, or Federal holidays are included in 
computing the time allowed for filing an appeal; however, when the 
filing period would expire on a Saturday, Sunday, or Federal holiday the 
filing time is extended to the end of the next Federal working day.



Sec. 251.89  Time extensions.

    (a) Filing 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 Officers shall meet the time periods specified 
in the rules of this subpart, unless a Reviewing Officer has extended 
the time as provided in this

[[Page 308]]

paragraph. Except as noted in paragraph (a) of this section and as 
prohibited at the discretionary review level (Sec. 251.100), the 
Reviewing Officer may extend all other time periods under this subpart.
    (1) For appeals of initial written decisions by the Chief, a 
Regional Forester, or a Forest Supervisor, a Reviewing Officer, where 
good cause exists, may grant a written request for extension of time to 
file a responsive statement or replies thereto. The Reviewing Officer 
shall rule on requests for extensions within 10 days of receipt of the 
request and shall provide written notice of the extension ruling to all 
parties to the appeal.
    (2) Except for discretionary reviews of appeal decisions as provided 
in Sec. 251.100 of this subpart, a Reviewing Officer may extend the time 
period for issuance of the appeal decision, including for purposes of 
allowing additional time for the Deciding Officer to resolve disputed 
issues, as provided in Sec. 251.93 of this subpart.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.90  Content of notice of appeal.

    (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 should be reversed or changed.
    (b) An appellant must include the following information in a notice 
of appeal:
    (1) The appellant's name, mailing address, and daytime telephone 
number;
    (2) The title or type of written instrument involved, the date of 
application for or issuance of the written instrument, and the name of 
the responsible Forest Service Officer;
    (3) A brief description and the date of the written decision being 
appealed;
    (4) A statement of how the appellant is adversely affected by the 
decision being appealed;
    (5) A statement of the facts of the dispute and the issue(s) raised 
by the appeal;
    (6) Specific references to any law, regulation, or policy that the 
appellant believes to be violated and the reason for such an allegation.
    (7) A statement as to whether and how the appellant has tried to 
resolve the issue(s) being appealed with the Deciding Officer, the date 
of any discussion, and the outcome of that meeting or contact; and
    (8) A statement of the relief the appellant seeks.
    (c) An appellant may also include in the notice of appeal a request 
for oral presentation (Sec. 251.97) or a request for stay of 
implementation of the decision pending on the appeal (Sec. 251.93).
[54 FR 3362, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989, as amended at 54 
FR 34510, Aug. 21, 1989]



Sec. 251.91  Stays.

    (a) A decision may be implemented during an appeal unless the 
Reviewing Officer grants a stay.
    (b) An appellant or intervenor may request a stay of a decision at 
any time while an appeal is pending, if the harmful effects alleged 
pursuant to paragraph (c)(3) of this section would occur during pendency 
of the appeal. The Reviewing Officer shall not accept any request to 
stay implementation of a decision that is not scheduled to begin during 
pendency of the appeal.
    (c) To request a stay of decision, an appellant or intervenor must--
    (1) File a written request with the Reviewing Officer;
    (2) Simultaneously send a copy of the stay request to any other 
appellant(s), to intervenor(s), and to the Deciding Officer.
    (3) Provide a written justification of the need for a stay, which at 
a minimum includes the following:
    (i) A description of the specific project(s), activity(ies), or 
action(s) to be stopped.
    (ii) Specific reasons why the stay should be granted in sufficient 
detail to permit the Reviewing Officer to evaluate and rule upon the 
stay request, including at a minimum:
    (A) The specific adverse effect(s) upon the requester;
    (B) Harmful site-specific impacts or effects on resources in the 
area affected by the activity(ies) to be stopped, and
    (C) How the cited effects and impacts would prevent a meaningful 
decision on the merits.

[[Page 309]]

    (d) A Deciding Officer and other parties to an appeal may provide 
the Reviewing Officer with a written response to a stay request. A copy 
of any response must be sent to all parties to the appeal.
    (e) Timeframe. The Reviewing Officer must rule on a stay request no 
later than 10 calendar days from receipt.
    (f) Criteria to consider. In deciding a stay request, a Reviewing 
Officer shall consider:
    (1) Information provided by the requester pursuant to paragraph (c) 
of this section including the validity of any claim of adverse effect on 
the requester;
    (2) The effect that granting a stay would have on preserving a 
meaningful appeal on the merits;
    (3) Any information provided by the Deciding Officer or other party 
to the appeal in response to the stay request; and
    (4) Any other factors the Reviewing Officer considers relevant to 
the decision.
    (g) Notice of decision on a stay request. A Reviewing Officer must 
issue a written decision on a stay request.
    (1) If a stay is granted, the stay shall specify the specific 
activities to be stopped, duration of the stay, and reasons for granting 
the stay.
    (2) If a stay is denied in whole or in part, the decision shall 
specify the reasons for the denial.
    (3) A copy of a decision on a stay request shall be sent to all 
parties to the appeal.
    (h) Duration. A stay shall remain in effect for the 15-day period 
for determining discretionary review (Sec. 251.100), unless changed by 
the Reviewing Officer in accordance with paragraph (i) of this section.
    (i) Change in a stay. A Reviewing Officer may change a stay decision 
in accordance with any terms established in the stay decision itself or 
at any time during pendency of an appeal that circumstances support a 
change of stay. In making any changes to a stay decision, the Reviewing 
Officer must issue a written notice to all parties to the appeal 
explaining the reason for making the changes and setting forth any terms 
or conditions that apply to the change.
    (j) Petitions to change a stay. An appellant or intervenor may 
petition a Reviewing Officer to change or lift a stay at any time during 
the pendency of an appeal. Such petitions must be in writing, must 
explain how circumstances have changed since the stay was imposed, and 
must state why the change in the stay is being requested. The petitioner 
must send a copy of the petition to all parties to the appeal.
    (k) Appeal of stay decision or changes in stay. A Reviewing 
Officer's decision to grant, deny, lift, or otherwise change a stay is 
not subject to further appeal and review, except when the first-level 
Reviewing Officer was the Forest Supervisor. In this instance, the 
Regional Forester has discretion to review.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.92  Dismissal.

    (a) The Reviewing 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 
subpart.
    (2) Appellant's notice of appeal is not filed within the required 
time period, or the notice of appeal fails to meet the minimum 
requirements of Sec. 251.90 of this subpart to such an extent that the 
Reviewing Officer lacks adequate information on which to base a 
decision.
    (3) In cases where there is only one appellant, the appellant 
withdraws the appeal.
    (4) The requested relief cannot be granted under existing law, fact, 
or regulation.
    (5) The decision is excluded from appeal under this subpart 
(Sec. 251.83).
    (6) The Deciding Officer has withdrawn the decision under appeal.
    (7) A request for review of the same decision has been filed by the 
same person under part 217 of this chapter.
    (b) The Reviewing Officer shall give written notice of dismissal 
that includes an explanation of why the appeal is dismissed.
    (c) A Reviewing Officer's dismissal decision is subject to 
discretionary review at the next administrative level as provided for in 
Sec. 251.87(d) of this part, except when a dismissal decision

[[Page 310]]

results from withdrawal of an appeal by an appellant or withdrawal of 
the initial decision by the Deciding Officer.
[54 FR 3362, Jan. 23, 1989, as amended at 55 FR 7896, Mar. 6, 1990]



Sec. 251.93  Resolution of issues.

    (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 written instruments prior to 
issuing written decisions related to administration of a written 
authorization. The purpose of such meetings is to discuss any issues or 
concerns related to the authorized use and to reach a common 
understanding and agreement where possible prior to issuance of a 
written decision.
    (b) When decisions are appealed, the Deciding Officer may discuss 
the appeal with the appellant(s) and intervenor(s) together or 
separately to narrow issues, agree on facts, and explore opportunities 
to resolve the issues by means other than review and decision on the 
appeal. At the request of the Deciding Officer, the Reviewing Officer 
may extend the time periods for review, except at the discretionary 
level, and specify a reasonable duration to allow for conduct of 
meaningful negotiations.
    (c) The Deciding Officer has the authority to withdraw a decision, 
in whole or in part, during the appeal. Where a Deciding Officer decides 
to withdraw a decision, all parties to the appeal and the Reviewing 
Officer must receive written notice.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.94  Responsive statement.

    (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 in the notice of appeal.
    (b) Timeframe. Unless the Reviewing Officer has granted an extension 
or dismissed the appeal, the Deciding Officer shall prepare a responsive 
statement and send it to the Reviewing Officer and all parties to the 
appeal within 30 days of receipt of the notice of appeal.
    (c) Replies. Within 20 days of the postmarked date of the responsive 
statement, the appellant(s) and any intervenor(s) may file a written 
reply to the responsive statement with the Reviewing Officer. Appellants 
and intervenors must send a copy of any reply to a responsive statement 
to all parties to the appeal, including the Deciding Officer.



Sec. 251.95  Authority of reviewing officer.

    (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 appeal providing they are consistent 
with other provisions of this part.
    (1) In appeals involving intervenors, the Reviewing Officer may 
prescribe special procedures to conduct the appeal.
    (2) All parties to an appeal shall receive notice of any orders or 
decisions on the conduct of the appeal.
    (3) Orders and determinations governing the conduct of an appeal are 
not subject to appeal and further review.
    (b) Consolidation of appeals. A Reviewing Officer may consolidate 
multiple appeals of the same decision, or of similar decisions involving 
common issues of fact or law and issue one appeal decision. Similarly, a 
Reviewing Officer may issue one decision in cases involving separate 
reviews filed pursuant to 36 CFR part 217 and under this part when the 
decision at issue is the same decision. In such case, the Reviewing 
Officer shall give notice to all parties to multiple appeals.
    (1) A decision to consolidate appeals is not subject to appeal and 
further review.
    (2) At the discretion of the Reviewing Officer, the Deciding Officer 
may prepare one responsive statement to multiple appeals.
    (c) Requests for additional information. Except in discretionary 
review conducted pursuant to Sec. 251.100 and second level appeals of 
decisions made by the District Ranger pursuant to Sec. 251.87(c) of this 
subpart, the Reviewing Officer may ask any party to an appeal for 
additional information as deemed necessary to decide the appeal. Such 
requests will be limited to obtaining and

[[Page 311]]

evaluating information needed to clarify issues raised. The Reviewing 
Officer shall notify all parties of the request for information, provide 
it to all parties, give opportunity to comment, and extend time periods 
if necessary to allow for submission of the information.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989; 55 
FR 7896, Mar. 6, 1990]



Sec. 251.96  Intervention.

    (a) A request to intervene in an appeal may be made at any time 
prior to the closing of the appeal record (Sec. 251.98) at the first 
level of appeal (Sec. 251.87). Requests to intervene in an appeal at the 
discretionary review level (Sec. 251.87(d)) shall be denied.
    (b) To request intervention in a first-level appeal under this 
subpart, a party, at a minimum, must:
    (1) Submit a written petition to intervene to the Reviewing Officer,
    (2) Be, as defined at Sec. 251.81 of this subpart, an applicant for 
or holder of a written instrument issued by the Forest Service that is 
the subject of or affected by the appeal, and have an interest that 
could be directly affected by a decision on the appeal, and
    (3) Show, in the request for intervention, how the decision on the 
appeal would directly affect petitioner's interests.
    (c) The Reviewing Officer determines whether a party requesting 
intervention meets the requirements of paragraph (a) of this section. In 
granting intervention, the Reviewing Officer must give notice to all 
other parties to the appeal.
    (d) A granting or denial of intervention is not subject to appeal to 
a higher level.
    (e) Appellants and intervenors must concurrently furnish copies of 
all submissions to each other as well as the Deciding Officer. Failure 
to provide each other copies may result in removal of a submission from 
the appeal record. At the discretion of the Reviewing Officer, 
appellants may be given additional time to review and comment on initial 
submissions by intervenors.
    (f) An intervenor cannot continue an appeal if the appellant 
withdraws the appeal.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.97  Oral presentation.

    (a) 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 is to restate, 
emphasize, and/or clarify information related to an appeal. Oral 
presentations are to be conducted in an informal manner and shall not be 
subject to formal rules of procedure such as those applicable to 
judicial proceedings.
    (b) Requests. Only an appellant may request and be granted an oral 
presentation. An appellant may request an oral presentation at any time 
prior to closing of the appeal record (Sec. 251.98). A Reviewing Officer 
shall automatically grant an oral presentation if the appellant 
requested the presentation as part of the notice of appeal.
    (c) Participation. At the discretion of the Reviewing Officer, oral 
presentations may be open to public attendance, but participation is 
limited to parties to the appeal. The Reviewing Officer shall advise all 
parties to the appeal, including the Deciding Officer, of the place, 
time, and date of the oral presentation, and how the oral presentation 
will be conducted. All parties to an appeal shall be invited to 
participate. Appellants and intervenors must bear any expense involved 
in making an oral presentation in person or by telephone.
    (d) Limitation. Oral presentations shall be held only at the first 
level of appeal (Sec. 251.87(b)).



Sec. 251.98  Appeal record.

    The 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 
one location the documents related to the appeal.
    (b) The record consists of the documents filed with the Reviewing 
Officer including, but not limited to, the notice of appeal, responsive 
statement,

[[Page 312]]

replies to submissions by various parties to the appeal, orders and 
determinations made on the conduct of the appeal, and correspondence.
    (c) The Reviewing Officer has discretion to remove from the record 
documents that were not sent to all parties to an appeal.
    (d) Unless the Reviewing Officer has ordered otherwise, the appeal 
record closes with the expiration of the time period for filing of the 
reply(ies) to the responsive statement, or at the conclusion of an oral 
presentation, if there is one. The Reviewing Officer shall notify all 
parties to an appeal of the closure of the record.
    (e) The appeal record is open to public inspection.
    (f) In appeals involving initial decisions of the Chief 
(Sec. 251.87(a)), the establishment of an administrative record as 
defined in paragrapn (a) of this section shall not begin unless the 
Secretary elects to review the appeal. Except for the initial notice of 
appeal, any filings made previous to the Secretary's election to review 
will not be accepted.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.99  Appeal decision.

    (a) The Reviewing Officer shall base the appeal decision on the 
appeal record and applicable laws, regulations, orders, policies, and 
procedures.
    (b) The Reviewing Officer shall affirm or reverse the original 
decision whole or in part and include the reason(s) for the decision. 
The Reviewing Officer may also include in the appeal decision 
instructions for further action by the Deciding Officer.
    (c) At the first level of appeal, the Reviewing Officer shall make 
and issue an appeal decision within 30 days of the date the record is 
closed.
    (d) At the second level of appeal provided in Sec. 251.87(c), the 
Reviewing Officer shall make and issue an appeal decision within 30 days 
of the date the record is received from the first level Reviewing 
Officer.
    (e) The Reviewing Officer shall send a copy of all appeal decisions 
to all participants.
    (f) Unless the next higher officer exercises the discretion to 
review an appeal decision as provided in Secs. 251.87(e) and 251.100 of 
this subpart, the appeal decision is the final administrative decision 
of the Department of Agriculture and is not subject to further review 
under this subpart or part 217 of this chapter.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]



Sec. 251.100  Discretionary review.

    (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, a Reviewing Officer should consider, 
but is not limited to, such factors as controversy surrounding the 
decision, the potential for litigation, and whether the appeal decision 
is precedential in nature or establishes new policy.
    (b) As provided for in Secs. 251.87(d) and (e), 251.91(k), and 
251.92, stay decisions rendered by a Forest Supervisor, certain 
dismissal decisions rendered by Forest Service line officers, and first-
level appeal decisions rendered by Regional Foresters and the Chief 
(Sec. 251.99), are subject to discretionary review at the next highest 
administrative level. Within one day following the date of a decision 
subject to such discretionary review, the Reviewing Officer shall 
forward a copy of the decision and the initial decision upon which the 
appeal is predicated to the next higher officer.
    (c) The next higher level officer shall have 15 calendar days from 
date of receipt to decide whether or not to review an appeal decision 
and may call for or use the appeal record in deciding whether or not to 
review the appeal decision. If the record is requested, the 15-day 
period is suspended at that point. The lower level Reviewing Officer 
shall forward it within 5 days of the request. Upon receipt, the higher 
level officer shall have 15 days to decide whether or not to review the 
lower level decision. If that officer takes no action by the expiration 
of the discretionary review period, appellants shall be notified by the 
discretionary level officer that the appeal decision of the Reviewing 
Officer stands as the final administrative review decision of the 
Department of Agriculture.

[[Page 313]]

    (d) When an official exercises the discretion in Sec. 251.87(d) or 
Sec. 251.87(e) of this subpart to review a dismissal or appeal decision, 
the discretionary review shall be made on the existing appeal record and 
the lower level Reviewing Officer's appeal decision. The record shall 
not be reopened to accept additional submissions from any source, 
including the Reviewing Officer whose appeal decision is being reviewed.
    (e) When an official exercises discretion to review an appeal 
decision, a Reviewing Officer may extend a stay, in whole or in part, 
during pendency of the discretionary review.
    (f) The second level Reviewing Officer shall conclude the review 
within 30 days of the date of notice issued to an appellant that the 
lower level decision will be reviewed.
    (g) If a discretionary review decision is not issued by the end of 
the 30-day review period, appellants and intervenors shall be deemed to 
have exhausted their administrative remedies for purposes of judicial 
review. In such case, appellants, intervenors, and the lower level 
Reviewing Officer shall be notified by the discretionary level officer.
    (h) The Reviewing Officer shall provide a copy of the decision to 
all appellants, intervenors, the Deciding Officer, and the lower level 
Reviewing Officer.
[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989; 55 
FR 7896, Mar. 6, 1990]



Sec. 251.101  Policy in event of judicial proceedings.

    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 is premature and inappropriate, unless the appellant 
has first sought to resolve the dispute by invoking and exhausting the 
procedures of this subpart. This position may be waived only upon a 
written finding by the Chief.



Sec. 251.102  Applicability and effective date.

    (a) Except where applicants or holders elect the decision review 
procedures of part 217 of this chapter, appealable decisions arising 
from the issuance, approval, and administration of written instruments 
authorizing occupancy and use of National Forest System lands made on or 
after February 22, 1989, shall be subject to the procedures of this 
part.
    (b) Decisions made before February 22, 1989, arising from the 
issuance, approval, and administration of written instruments 
authorizing occupancy and use of National Forest System lands shall be 
subject to appeal under the provisions of 36 CFR 211.18.
[54 FR 6892, Feb. 15, 1989]



                 Subpart D--Access to Non-Federal Lands

    Source: 56 FR 27417, June 14, 1991, unless otherwise noted.



Sec. 251.110  Scope and application.

    (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 that govern any special use or other 
authorization that is issued by the Forest Service to permit such 
access.
    (b) These regulations apply to access across all National Forest 
System lands, including Congressionally designated areas, and supplement 
the regulations in subpart B of this part, and in parts 212 and 293 of 
this chapter. The regulations of this subpart do not affect rights-of-
way established under authority of R.S. 2477 (43 U.S.C. 932); rights-of-
way transferred to States under 23 U.S.C. 317; access rights outstanding 
in third parties at the time the United States acquired the land; or the 
rights reserved in conveyances to the United States and in other 
easements granted by an authorized officer of the Forest Service. Except 
for the aforementioned rights-of-way, currently valid special-use 
authorizations will become subject to the rules of this subpart upon 
expiration, termination, reversion, modification, or reauthorization.
    (c) Subject to the terms and conditions contained in this part and 
in parts 212 and 293 of this chapter, as appropriate, landowners shall 
be authorized such access as the authorized officer deems to be adequate 
to secure

[[Page 314]]

them the reasonable use and enjoyment of their land.
    (d) ln those cases where a landowner's ingress or egress across 
National Forest System lands would require surface disturbance or would 
require the use of Government-owned roads, trails, or transportation 
facilities not authorized for general public use, the landowner must 
apply for and receive a special-use or road-use authorization 
documenting the occupancy and use authorized on National Forest System 
lands or facilities and identifying the landowner's rights, privileges, 
responsibilities, and obligations.
    (e) Where ingress and egress will require the use of existing 
Government-owned roads, trails, or other transportation facilities which 
are open and available for general public use, use by the landowner 
shall be in accordance with the provisions of part 212 of this chapter.
    (f) The rules of this subpart do not apply to access within 
conservation system units in Alaska which are subject to title XI of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101), except 
for access to inholdings authorized by section 1110(b) of that Act.
    (g) Where there is existing access or a right of access to a 
property over non-National Forest land or over public roads that is 
adequate or that can be made adequate, there is no obligation to grant 
additional access through National Forest System lands.



Sec. 251.111  Definitions.

    In addition to the definitions in subpart B of this part, the 
following terms 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 other 
utilities.
    Adequate access means a route and method of access to non-Federal 
land that provides for reasonable use and enjoyment of the non-Federal 
land consistent with similarly situated non-Federal land and that 
minimizes damage or disturbance to National Forest System lands and 
resources.
    Congressionally designated area means lands which are within the 
boundaries of a component of the National Wilderness Preservation 
System, National Wild and Scenic River System, National Trails System, 
and also National Monuments, Recreation, and Scenic Areas within the 
National Forest System, and similar areas designated by Federal statute.
    Landowner(s) means the owner(s) of non-Federal land or interests in 
land within the boundaries of the National Forest System.



Sec. 251.112  Application requirements.

    (a) A landowner shall apply for access across National Forest System 
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 to, and uses of, the non-Federal land for 
which the special-use authorization is requested.
    (b) The application shall disclose the historic access to the 
landowner's property and any rights of access which may exist over non-
federally owned land and shall provide reasons why these means of access 
do not provide adequate access to the landowners property.
    (c) The information required to apply for access across National 
Forest lands under this subpart is approved for use under subpart B of 
this part and assigned OMB control number 0596-0082.



Sec. 251.113  Instrument of authorization.

    To grant authority to construct and/or use facilities and structures 
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 of subpart B of this part or a road-use 
permit. In cases where Road Rights-of-way Construction And Use 
Agreements are in effect, the authorized officer may grant an easement 
in accordance with the provisions of part 212 of this chapter.



Sec. 251.114  Criteria, terms and conditions.

    (a) In issuing a special-use authorization for access to non-Federal 
lands, the authorized officer shall authorize

[[Page 315]]

only those access facilities or modes of access that are needed for the 
reasonable use and enjoyment of the land and that minimize the impacts 
on the Federal resources. The authorizing officer shall determine what 
constitutes reasonable use and enjoyment of the lands based on 
contemporaneous uses made of similarly situated lands in the area and 
any other relevant criteria.
    (b) Landowners must pay an appropriate fee for the authorized use of 
National Forest System lands in accordance with Sec. 251.57 of this 
part.
    (c) A landowner may be required to provide a reciprocal grant of 
access to the United States across the landowner's property where such 
reciprocal right is deemed by the authorized officer to be necessary for 
the management of adjacent Federal land. In such case, the landowner 
shall receive the fair market value of the rights-of-way granted to the 
United States. If the value of the rights-of-way obtained by the 
Government exceeds the value of the rights-of-way granted, the 
difference in value will be paid to the landowner. If the value of the 
rights-of-way across Government land exceeds the value of the rights-of-
way across the private land, an appropriate adjustment will be made in 
the fee charged for the special-use authorization as provided in 
Sec. 251.57(b)(5) of this part.
    (d) For access across National Forest System lands that will have 
significant non-Forest user traffic, a landowner may be required to 
construct new roads or reconstruct existing roads to bring the roads to 
a safe and adequate standard. A landowner also may be required to 
provide for the operation and maintenance of the road. This may be done 
by arranging for such road to be made part of the local public road 
system, or formation of a local improvement district to assume the 
responsibilities for the operation and maintenance of the road as either 
a private road or as a public road, as determined to be appropriate by 
the authorizing officer.
    (e) When access is tributary to or dependent on forest development 
roads, and traffic over these roads arising from the use of landowner's 
lands exceeds their safe capacity or will cause damage to the roadway, 
the landowner(s) may be required to obtain a road-use permit and to 
perform such reconstruction as necessary to bring the road to a safe and 
adequate standard to accommodate such traffic in addition to the 
Government's traffic. In such case, the landowner(s) also shall enter 
into a cooperative maintenance arrangement with the Forest Service to 
ensure that the landowner's commensurate maintenance responsibilities 
are met or shall make arrangements to have the jurisdiction and 
maintenance responsibility for the road assumed by the appropriate 
public road authority.
    (f) In addition to ensuring that applicable terms and conditions of 
paragraphs (a) through (e) of this section are met, the authorizing 
officer, prior to issuing any access authorization, must also ensure 
that:
    (1) The landowner has demonstrated a lack of any existing rights or 
routes of access available by deed or under State or common law;
    (2) The route is so located and constructed as to minimize adverse 
impacts on soils, fish and wildlife, scenic, cultural, threatened and 
endangered species, and other values of the Federal land;
    (3) The location and method of access is as consistent as reasonably 
possible with the management of any congressionally designated area and 
is consistent with Forest Land and Resource Management Plans or the 
plans are amended to accommodate the access grant, and;
    (4) When access routes exist across the adjacent non-Federal lands 
or the best route as determined by the authorizing officer is across 
non-Federal lands, the applicant landowner has demonstrated that all 
legal recourse to obtain reasonable access across adjacent non-Federal 
lands has been exhausted or has little chance of success.
    (g) In addition to the other requirements of this section, the 
following factors shall be considered in authorizing access to non-
federally owned lands over National Forest System lands which are 
components of the National Wilderness Preservation System:
    (1) The use of means of ingress and egress which have been or are 
being

[[Page 316]]

customarily used with respect to similarly situated non-Federal land 
used for similar purposes;
    (2) The combination of routes and modes of travel, including 
nonmotorized modes, which will cause the least lasting impact on the 
wilderness but, at the same time, will permit the reasonable use of the 
non-federally owned land;
    (3) The examination of a voluntary acquisition of land or interests 
in land by exchange, purchase, or donation to modify or eliminate the 
need to use wilderness areas for access purposes.



PART 254--LANDOWNERSHIP ADJUSTMENTS--Table of Contents




                        Subpart A--Land Exchanges

Sec.
254.1  Scope and applicability.
254.2  Definitions.
254.3  Requirements.
254.4  Agreement to initiate an exchange.
254.5  Assembled land exchanges.
254.6  Segregative effect.
254.7  Assumption of costs.
254.8  Notice of exchange proposal.
254.9  Appraisals.
254.10  Bargaining; arbitration.
254.11  Exchanges at approximately equal value.
254.12  Value equalization; cash equalization waiver.
254.13  Approval of exchanges; notice of decision.
254.14  Exchange agreement.
254.15  Title standards.
254.16  Case closing.
254.17  Information requirements.

                  Subpart B--National Forest Townsites

254.20  Purpose and scope.
254.21  Applications.
254.22  Designation and public notice.
254.23  Studies, assessments, and approval.
254.24  Conveyance.
254.25  Survey.
254.26  Appraisal.

                  Subpart C--Conveyance of Small Tracts

254.30  Purpose.
254.31  Definitions.
254.32  Encroachments.
254.33  Road rights-of-way.
254.34  Mineral survey fractions.
254.35  Limitations.
254.36  Determining public interest.
254.37--254.39  [Reserved]
254.40  Applications.
254.41  Public sale or exchange in absence of application.
254.42  Valuation of tracts.
254.43  Surveys.
254.44  Document of conveyance.



                        Subpart A--Land Exchanges

    Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 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.



Sec. 254.1  Scope and applicability.

    (a) These rules set forth the procedures for conducting exchanges of 
National Forest System lands. The procedures in these rules may be 
supplemented by instructions issued to Forest Service officers in 
Chapter 5400 of the Forest Service Manual and Forest Service Handbooks 
5409.12 and 5409.13.
    (b) These rules apply to all National Forest System exchanges of 
land or interests in land, including but not limited to minerals, water 
rights, and timber, except those exchanges made under the authority of 
Small Tracts Act of January 12, 1983 (16 U.S.C. 521c-521i) (36 CFR part 
254, subpart C), and as otherwise noted. These rules also apply to other 
methods of acquisition, where indicated.
    (c) The application of these rules to exchanges made under the 
authority of the Alaska Native Claims Settlement Act, as amended (43 
U.S.C. 1621), or the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192), shall be limited to those provisions which do not conflict 
with the provisions of these Acts.
    (d) Unless the parties to an exchange otherwise agree, land 
exchanges for which the parties have agreed in writing to initiate prior 
to April 7, 1994, will proceed in accordance with the rules and 
regulations in effect at the time of the agreement.
    (e) Except for exchanges requiring cash equalization payments made 
available through the Land and Water Conservation Act of 1965, as 
amended (16 U.S.C. 460[1]9), the boundaries of a national forest are 
automatically extended to encompass lands acquired under the Weeks Act 
of March 1, 1911,

[[Page 317]]

as amended (16 U.S.C. 516), provided the acquired lands are contiguous 
to existing national forest boundaries and total no more than 3,000 
acres in each exchange.
    (f) Exchanges under the Weeks Act of March 1, 1911, or the General 
Exchange Act of March 20, 1922, may involve land-for-timber (non-Federal 
land exchanged for the rights to Federal timber), or timber-for-land 
(the exchange of the rights to non-Federal timber for Federal land), or 
tripartite land-for-timber (non-Federal land exchanged for the rights to 
Federal timber cut by a third party in behalf of the exchange parties).
    (g) Land exchanges involving National Forest System lands are 
authorized by a number of statutes, depending upon the status 
(conditions of ownership) of such lands and the purpose for which an 
exchange is to be made. The status of National Forest System land is 
determined by the method by which the land or interests therein became 
part of the National Forest System. Unless otherwise provided by law, 
lands acquired by the United States in exchanges assume the same status 
as the Federal lands conveyed.
    (h) The Federal Land Policy and Management Act of 1976, as amended 
(43 U.S.C. 1701), is supplemental to all applicable exchange laws, 
except the cash equalization provisions of the Sisk Act of December 4, 
1967, as amended (16 U.S.C. 484a).



Sec. 254.2  Definitions.

    For the purposes of this subpart, the following terms have the 
meanings 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, 
purchase, donation, or eminent domain.
    Adjustment to relative values means compensation for exchange-
related costs, or other responsibilities or requirements assumed by one 
party, which ordinarily would be borne by the other party. These 
adjustments do not alter the agreed upon value of the lands involved in 
an exchange.
    Agreement to initiate means a written, nonbinding statement of 
present intent to initiate and pursue an exchange, which is signed by 
the parties and which may be amended by consent of the parties or 
terminated at any time upon written notice by any party.
    Appraisal or appraisal report means a written statement 
independently and impartially prepared by a qualified appraiser setting 
forth an opinion as to the market value of the lands or interests in 
lands as of a specific date(s), supported by the presentation and 
analysis of relevant market information.
    Approximately equal value means a comparative estimate of value of 
the lands involved in an exchange which have readily apparent and 
substantially similar elements of value, such as location, size, use, 
physical characteristics, and other amenities.
    Arbitration is a process to resolve a disagreement among the parties 
as to appraised value, performed by an arbitrator appointed by the 
Secretary from a list recommended by the American Arbitration 
Association.
    Assembled land exchange means an exchange of Federal land for a 
package of multiple ownership parcels of non-Federal land consolidated 
for purposes of one land exchange transaction.
    Authorized officer means a Forest Service line or staff officer who 
has been delegated the authority and responsibility to make decisions 
and perform the duties described in this subpart.
    Bargaining is a process other than arbitration, by which parties 
attempt to resolve a dispute concerning the appraised value of the lands 
involved in an exchange.
    Federal lands means any lands or interests in lands, such as mineral 
and timber interests, that are owned by the United States and 
administered by the Secretary of Agriculture through the Chief of the 
Forest Service, without regard to how the United States acquired 
ownership.
    Hazardous substances are those substances designated under 
Environmental Protection Agency regulations at 40 CFR part 302.
    Highest and best use means an appraiser's supported opinion of the 
most probable and legal use of a property, based on market evidence, as 
of the date of valuation.

[[Page 318]]

    Lands means any land and/or interests in land.
    Market value means the most probable price in cash, or terms 
equivalent to cash, which lands or interest in lands should bring in a 
competitive and open market under all conditions requisite to a fair 
sale, where the buyer and seller each acts prudently and knowledgeably, 
and the price is not affected by undue influence.
    Mineral laws means the mining and mineral leasing laws applicable to 
Federally owned lands and minerals reserved from the public domain for 
national forest purposes and the Geothermal Steam Act of 1970 (30 U.S.C. 
1001 et seq.), but not the Materials Act of 1947 (30 U.S.C. 601 et 
seq.).
    Outstanding interests are rights or interests in property held by an 
entity other than a party to an exchange.
    Party means the United States or any person, State, or local 
government who enters into an agreement to initiate an exchange.
    Person means any individual, corporation, or other legal entity 
legally capable to hold title to and convey land. An individual must be 
a citizen of the United States and a corporation must be subject to the 
laws of the United States or of the State where the land is located or 
the corporation is incorporated. No Member of Congress may participate 
in a land exchange with an agency of the United States, as set forth in 
18 U.S.C. 431-433.
    Public land laws means that body of non-mineral land laws dealing 
with the disposal of National Forest System lands administered by the 
Secretary of Agriculture.
    Reserved interest means an interest in real property retained by a 
party from a conveyance of the title to that property.
    Resource values means any of the various commodity values or non-
commodity values, such as wildlife habitat and aesthetics, contained 
within land interests, surface and subsurface.
    Secretary means the Secretary of Agriculture or the individual to 
whom responsibility has been delegated.
    Segregation means the removal for a limited period, subject to valid 
existing rights, of a specified area of the Federal lands from 
appropriation under the public land laws and mineral laws, pursuant to 
the authority of the Secretary of the Interior to allow for the orderly 
administration of the Federal lands.
    Statement of value means a written report prepared by a qualified 
appraiser in conformance with the minimum standards of the Uniform 
Standards of Professional Appraisal Practice that states the appraiser's 
conclusion(s) of value.



Sec. 254.3  Requirements.

    (a) Discretionary nature of exchanges. The Secretary is not required 
to exchange any Federal lands. Land exchanges are discretionary, 
voluntary real estate transactions between the Federal and non-Federal 
parties. Unless and until the parties enter into a binding exchange 
agreement, any party may withdraw from and terminate an exchange 
proposal at any time during the exchange process.
    (b) Determination of public interest. The authorized officer may 
complete an exchange only after a determination is made that the public 
interest will be well served.
    (1) Factors to consider. When considering the public interest, the 
authorized officer shall give full consideration to the opportunity to 
achieve better management of Federal lands and resources, to meet the 
needs of State and local residents and their economies, and to secure 
important objectives, including but not limited to: protection of fish 
and wildlife habitats, cultural resources, watersheds, and wilderness 
and aesthetic values; enhancement of recreation opportunities and public 
access; consolidation of lands and/or interests in lands, such as 
mineral and timber interests, for more logical and efficient management 
and development; consolidation of split estates; expansion of 
communities; accommodation of existing or planned land use 
authorizations (Sec. 254.4(c)(4); promotion of multiple-use values; 
implementation of applicable Forest Land and Resource Management Plans; 
and fulfillment of public needs.
    (2) Findings. To determine that an exchange well serves the public 
interest, the authorized officer must find that--

[[Page 319]]

    (i) The resource values and the public objectives served by the non-
Federal lands or interests to be acquired must equal or exceed the 
resource values and the public objectives served by the Federal lands to 
be conveyed, and
    (ii) The intended use of the conveyed Federal land will not 
substantially conflict with established management objectives on 
adjacent Federal lands, including Indian Trust lands.
    (3) Documentation. The findings and the supporting rationale shall 
be documented and made part of the administrative record.
    (c) Equal value exchanges. Except as provided in Sec. 254.11 of this 
subpart, lands or interests to be exchanged must be of equal value or 
equalized in accordance with the methods set forth in Sec. 254.12 of 
this subpart. An exchange of lands or interests shall be based on market 
value as determined by the Secretary through appraisal(s), through 
bargaining based on appraisal(s), through other acceptable and commonly 
recognized methods of determining market value, or through arbitration.
    (d) Same-State exchanges. Unless otherwise provided by statute, the 
Federal and non-Federal lands involved in an exchange must be located 
within the same State.
    (e) Congressional designations. Upon acceptance of title by the 
United States, lands acquired by the Secretary of the Interior by 
exchange under the authority granted by the Federal Land Policy and 
Management Act of 1976, as amended, which are within the boundaries of 
any unit of the National Forest System, the National Wild and Scenic 
Rivers System, the National Trails System, the National Wilderness 
Preservation System, or any other system established by Act of Congress; 
or the boundaries of any national conservation area or national 
recreation area established by Act of Congress, immediately are reserved 
for and become a part of the unit or area in which they are located, 
without further action by the Secretary of the Interior, and, 
thereafter, shall be managed in accordance with all laws, rules, 
regulations, and land resource management plans applicable to such unit 
or area.
    (f) Land and resource management planning. The authorized officer 
shall consider only those exchange proposals that are consistent with 
land and resource management plans (36 CFR part 219). Lands acquired by 
exchange that are located within areas having an administrative 
designation established through the land management planning process 
shall automatically become part of the area within which they are 
located, without further action by the Forest Service, and shall be 
managed in accordance with the laws, rules, regulations, and land and 
resource management plan applicable to such area.
    (g) Environmental analysis. After an agreement to initiate an 
exchange is signed, the authorized officer shall undertake an 
environmental analysis in accordance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4371), the Council on Environmental 
Quality regulations (40 CFR parts 1500-1508), and Forest Service 
environmental policies and procedures (Forest Service Manual Chapter 
1950 and Forest Service Handbook 1909.15). In making this analysis, the 
authorized officer shall consider timely written comments received in 
response to the exchange notice published pursuant to Sec. 254.8 of this 
subpart.
    (h) Reservations or restrictions in the public interest. In any 
exchange, the authorized officer shall reserve such rights or retain 
such interests as are needed to protect the public interest or shall 
otherwise restrict the use of Federal lands to be exchanged, as 
appropriate. The use or development of lands conveyed out of Federal 
ownership are subject to any restrictions imposed by the conveyance 
documents and all laws, regulations, and zoning authorities of State and 
local governing bodies.
    (i) Hazardous substances.
    (1) Federal lands. The authorized officer shall determine whether 
hazardous substances are known to be present on the Federal lands 
involved in the exchange and shall provide notice of known storage, 
release, or disposal of hazardous substances on the Federal lands in the 
contract agreement and in the conveyance document, pursuant to 40 CFR 
part 373 and 42 U.S.C. 9620. For

[[Page 320]]

purposes of this section, the notice of hazardous substances on involved 
Federal lands in an agreement to initiate an exchange or an exchange 
agreement meets the requirements for notices established in 40 CFR part 
373. Unless the non-Federal party is a potentially responsible party 
under 42 U.S.C. 9607(a) and participated as an owner, or in the 
operation, arrangement, generation, or transportation of the hazardous 
substances found on the Federal land, the conveyance document from the 
United States must contain a covenant warranting that all remedial 
action necessary to protect human health and the environment with 
respect to any such substances remaining on the property has been taken 
before the date of transfer and that any additional remedial action 
found necessary after the transfer shall be conducted by the United 
States, pursuant to 42 U.S.C. 9620(h)(3). The conveyance document must 
also reserve to the United States the right of access to the conveyed 
property if remedial or corrective action is required after the date of 
transfer. Where the non-Federal party is a potentially responsible party 
with respect to the property, it may be appropriate to enter into an 
agreement as referenced in 42 U.S.C. 9607(e) whereby that party would 
indemnify the United States and hold the United States harmless against 
any loss or cleanup costs after conveyance.
    (2) Non-Federal lands. The non-Federal party shall notify the 
authorized officer of any hazardous substances known to have been 
released, stored, or disposed of on the non-Federal land, pursuant to 
Sec. 254.4 of this subpart. Notwithstanding such notice, the authorized 
officer shall determine whether hazardous substances are known to be 
present on the non-Federal land involved in an exchange. If hazardous 
substances are known or believed to be present on the non-Federal land, 
the authorized officer shall reach an agreement with the non-Federal 
party regarding the responsibility for appropriate response action 
concerning the hazardous substances before completing the exchange. The 
terms of this agreement and any appropriate ``hold harmless agreement'' 
shall be included in an exchange agreement, pursuant to Sec. 254.14 of 
this subpart.
    (j) Legal description of properties. All lands subject to an 
exchange must be properly described on the basis of either a survey 
executed in accordance with the Public Land Survey System laws and 
standards of the United States or, if those laws and standards cannot be 
applied, the lands shall be properly described and clearly locatable by 
other means as may be prescribed or allowed by law.
    (k) Special review. Except as provided in this paragraph, land 
acquisitions of $150,000 or more in value made under the authority of 
the Weeks Act of March 1, 1911, as amended (16 U.S.C. 516), must be 
submitted to Congress for oversight review, pursuant to the Act of 
October 22, 1976, as amended (16 U.S.C. 521b). However, minor and 
insignificant changes in land acquisition proposals need not be 
resubmitted for congressional oversight, provided the general concept of 
and basis for the acquisition remain the same.



Sec. 254.4  Agreement to initiate an exchange.

    (a) Exchanges may be proposed by the Forest Service or by any 
person, State, or local government. Initial exchange proposals should be 
directed to the authorized officer responsible for the management of 
Federal lands proposed for exchange.
    (b) To assess the feasibility of an exchange proposal, the 
prospective parties may agree to obtain a preliminary estimate of the 
values of the lands involved in the proposal. A qualified appraiser must 
prepare the preliminary estimate.
    (c) If the authorized officer agrees to proceed with an exchange 
proposal, all prospective parties shall execute a nonbinding agreement 
to initiate an exchange. At a minimum, the agreement must include:
    (1) The identity of the parties involved in the proposed exchange 
and the status of their ownership or ability to provide title to the 
land;
    (2) A description of the lands or interest in lands being considered 
for exchange;
    (3) A statement by a party, other than the United States and State 
and

[[Page 321]]

local governments, that such party is a citizen of the United States or 
a corporation or other legal entity subject to the laws of the United 
States or a State thereof;
    (4) A description of the appurtenant rights proposed to be exchanged 
or reserved; any authorized uses, including grants, permits, easements, 
or leases; and any known unauthorized uses, outstanding interests, 
exceptions, covenants, restrictions, title defects or encumbrances;
    (5) A time schedule for completing the proposed exchange;
    (6) An assignment of responsibility for performance of required 
functions and for costs associated with processing the exchange;
    (7) A statement specifying whether compensation for costs assumed 
will be allowed pursuant to the provisions of Sec. 254.7 of this 
subpart;
    (8) Notice of any known release, storage, or disposal of hazardous 
substances on involved Federal or non-Federal lands and any commitments 
regarding responsibility for removal or other remedial actions 
concerning such substances on involved non-Federal lands (Sec. 254.3(i) 
and Sec. 254.14);
    (9) A grant of permission by each party to physically examine the 
lands offered by the other party;
    (10) The terms of any assembled land exchange arrangement, pursuant 
to Sec. 254.5 of this subpart;
    (11) A statement as to the arrangements for relocation of any 
tenants occupying non-Federal lands pursuant to Sec. 254.15 of this 
subpart;
    (12) A notice to an owner-occupant of the voluntary basis for the 
acquisition of the non-Federal lands, pursuant to Sec. 254.15 of this 
subpart; and
    (13) A statement as to the manner in which documents of conveyance 
will be exchanged, should the exchange proposal be successfully 
completed.
    (d) Unless the parties agree to some other schedule, no later than 
90 days from the date of the executed agreement to initiate an exchange, 
the parties shall arrange for appraisals which are to be completed 
within timeframes and under such terms as are negotiated. In the absence 
of current market information reliably supporting value, the parties may 
agree to use other acceptable and commonly recognized methods to 
estimate value.
    (e) An agreement to initiate may be amended by consent of the 
parties or terminated at any time upon written notice by any party.
    (f) Entering into an agreement to initiate an exchange does not 
legally bind any party to proceed with processing or to consummate a 
proposed exchange, or to reimburse or pay damages to any party to a 
proposed exchange that is not consummated or to anyone doing business 
with any such party.
    (g) The withdrawal from an exchange proposal by an authorized 
officer at any time prior to the notice of decision, pursuant to 
Sec. 254.13 of this subpart, is not appealable under 36 CFR part 217 or 
36 CFR part 251, subpart C.



Sec. 254.5  Assembled land exchanges.

    (a) Whenever the authorized officer determines it to be practicable, 
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 arrangement 
where multiple ownership parcels of non-Federal lands are consolidated 
into a package for the purpose of completing one exchange transaction.
    (c) An assembled land exchange arrangement must be documented in the 
agreement to initiate an exchange, pursuant to Sec. 254.4 of this 
subpart.
    (d) Value of the Federal and non-Federal lands involved in an 
assembled land exchange arrangement shall be estimated pursuant to 
Sec. 254.9 of this subpart.
[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



Sec. 254.6  Segregative effect.

    (a) If a proposal is made to exchange Federal lands, the authorized 
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 valid existing rights, the Federal lands 
shall be segregated from appropriation under the public land laws and 
mineral laws for a period not to exceed 5 years from the date of record 
notation.

[[Page 322]]

    (b) Any interests of the United States in the non-Federal lands that 
are covered by the exchange proposal may be noted and segregated from 
appropriation under the mineral laws for a period not to exceed 5 years 
from the date of notation.
    (c) The segregative effect terminates as follows:
    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (2) On the date and time specified in an opening order, published in 
the Federal Register by the appropriate BLM State Office, if a decision 
is made not to proceed with the exchange or upon removal of any lands 
from the exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation on the public land records, 
whichever occurs first.



Sec. 254.7  Assumption of costs.

    (a) Generally, each party to an exchange will bear their own costs 
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 may provide that:
    (1) One or more of the parties may assume, without compensation, all 
or part of the costs or other responsibilities or requirements that the 
authorized officer determines would ordinarily be borne by the other 
parties; or
    (2) Subject to the limitation in paragraph (c) of this section, the 
parties may agree to make adjustments to the relative values involved in 
an exchange transaction, in order to compensate parties for assuming 
costs or other responsibilities or requirements that the authorized 
officer determines would ordinarily be borne by the other parties. These 
costs or services may include but are not limited to: land surveys; 
appraisals; mineral examinations; timber cruises; title searches; title 
curative actions; cultural resource surveys and mitigation; hazardous 
substance surveys and controls; removal of encumbrances; arbitration, 
including all fees; bargaining; cure of deficiencies preventing highest 
and best use of the land; conduct of public hearings; assemblage of non-
Federal parcels from multiple ownerships; and the expenses of complying 
with laws, regulations, and policies applicable to exchange 
transactions, or which are necessary to bring the Federal and non-
Federal lands involved in the exchange to their highest and best use for 
appraisal and exchange purposes.
    (b) As a condition of an agreement to initiate, the authorized 
officer may agree to assume without compensation costs ordinarily borne 
by the non-Federal party or to compensate the non-Federal party for 
assuming Federal costs only on an exceptional basis when it is clearly 
in the public interest and when the authorized officer determines and 
documents that each of the following circumstances exist:
    (1) The amount of such cost assumed or compensation is reasonable 
and accurately reflects the value of the cost or service provided, or 
any responsibility and requirement assumed;
    (2) The proposed exchange is a high priority of the agency;
    (3) The land exchange must be expedited to protect important Federal 
resource values, such as congressionally designated areas or endangered 
species habitat;
    (4) Cash equalization funds are available for compensation of the 
non-Federal party; and
    (5) There are no other practicable means available to the authorized 
officer for meeting Federal exchange processing costs, responsibilities, 
or requirements.
    (c) The total amount of an adjustment agreed to as compensation for 
costs pursuant to this section shall not exceed the limitations set 
forth in Sec. 254.12(b) of this subpart.
[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



Sec. 254.8  Notice of exchange proposal.

    (a) Upon entering into an agreement to initiate an 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 and non-Federal lands or interests proposed for 
exchange are located. The authorized officer shall notify authorized 
users, the jurisdictional State and

[[Page 323]]

local governments, and the congressional delegation and shall make other 
distribution of the notice as appropriate. At a minimum, the notice 
shall include:
    (1) The identity of the parties involved in the proposed exchange;
    (2) A description of the Federal and non-Federal lands being 
considered for exchange;
    (3) A statement as to the effect of segregation from appropriation 
under the public land laws and mineral laws, if applicable;
    (4) An invitation to the public to submit in writing any comments on 
or concerns about the exchange proposal, including advising the agency 
as to any liens, encumbrances, or other claims relating to the lands 
being considered for exchange; and
    (5) The deadline by which comments must be received, and the name, 
title, and address of the official to whom comments must be sent and 
from whom additional information may be obtained.
    (b) To be assured of consideration in the environmental analysis of 
the proposed exchange, all comments must be made in writing to the 
authorized officer and postmarked or delivered within 45 days after the 
initial date of publication.
    (c) The authorized officer is not required to republish legal 
descriptions of any lands that may be excluded from the final exchange 
transaction, provided such lands were identified in the notice of 
exchange proposal. In addition, minor corrections of land descriptions 
and other insignificant changes do not require republication.



Sec. 254.9  Appraisals.

    The Federal and non-Federal parties to an exchange shall comply with 
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 Land Acquisitions: Interagency Land Acquisition 
Conference 1992 (Washington, DC, 1992), ISBN 0-16-038050-2 when 
appraising the values of the Federal and non-Federal lands involved in 
an exchange.
    (a) Appraiser qualifications.
    (1) A qualified appraiser(s) shall provide to the authorized officer 
appraisals estimating the market value of Federal and non-Federal 
properties involved in an exchange. A qualified appraiser may be an 
employee or a contractor to the Federal or non-Federal exchange parties. 
At a minimum, a qualified appraiser shall be an individual agreeable to 
all parties and approved by the authorized officer, who is competent, 
reputable, impartial, and has training and experience in appraising 
property similar to the property involved in the appraisal assignment.
    (2) Qualified appraisers shall possess qualifications consistent 
with State regulatory requirements that meet the intent of Title XI, 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 
(FIRREA) (12 U.S.C. 3331). In the event a State or Territory does not 
have approved policies, practices, and procedures regulating the 
activities of appraisers, the Forest Service may establish appraiser 
qualification standards commensurate with those generally adopted by 
other States or Territories meeting the requirements of FIRREA.
    (b) Market value.
    (1) In estimating market value, the appraiser shall:
    (i) Determine the highest and best use of the property to be 
appraised;
    (ii) Estimate the value of the lands and interests as if in private 
ownership and available for sale in the open market;
    (iii) Include historic, wildlife, recreation, wilderness, scenic, 
cultural, or other resource values or amenities as reflected in prices 
paid for similar properties in the competitive market;
    (iv) Consider the contributory value of any interest in land such as 
water rights, minerals, or timber, to the extent they are consistent 
with the highest and best use of the property; and
    (v) If stipulated in the agreement to initiate in accordance with 
Sec. 254.4 of this subpart, estimate separately the value of each 
property optioned or acquired from multiple ownerships by the non-
Federal party for purposes of exchange, pursuant to Sec. 254.5 of this 
subpart. In this case, the appraiser also must estimate the value of the 
Federal

[[Page 324]]

and non-Federal properties in a similar manner.
    (2) In estimating market value, the appraiser may not independently 
add the separate values of the fractional interests to be conveyed, 
unless market evidence indicates the following:
    (i) The various interests contribute their full value (pro rata) to 
the value of the whole; and
    (ii) The valuation is compatible with the highest and best use of 
the property.
    (3) In the absence of current market information reliably supporting 
value, the authorized officer may use other acceptable and commonly 
recognized methods to determine market value.
    (c) Appraisal report standards. Appraisals prepared for exchange 
purposes must contain the following minimum information:
    (1) A summary of facts and conclusions;
    (2) The purpose and/or the function of the appraisal, a definition 
of the estate being appraised, and a statement of the assumptions and 
limiting conditions affecting the appraisal assignment, if any;
    (3) An explanation of the extent of the appraiser's research and 
actions taken to collect and confirm information relied upon in 
estimating value;
    (4) An adequate description of the physical characteristics of the 
land being appraised; a statement of all encumbrances; title 
information; location, zoning, and present use; an analysis of highest 
and best use; and at least a 5-year sales history of the property;
    (5) A disclosure of any condition that is observed during the 
inspection of the property or becomes known to the appraiser through the 
normal research which would lead the appraiser to believe that hazardous 
substances may be present on the property being appraised;
    (6) A comparative market analysis and, if more than one method of 
valuation is used, an analysis and reconciliation of the methods used to 
support the appraiser's estimate of value;
    (7) A description of comparable sales, including a description of 
all relevant physical, legal, and economic factors such as parties to 
the transaction, source and method of financing, effect of any favorable 
financing on sale price, and verification by a party involved in the 
transaction;
    (8) An estimate of market value;
    (9) The effective date of valuation, date of appraisal, signature, 
and certification of the appraiser;
    (10) A certification by the appraiser to the following:
    (i) The appraiser has personally contacted the property owner or 
designated representative and offered the owner an opportunity to be 
present during inspection of the property;
    (ii) The appraiser has personally examined the subject property and 
all comparable sale properties relied upon in the report;
    (iii) The appraiser has no present or prospective interest in the 
appraised property; and
    (iv) The appraiser has not received compensation that was contingent 
on the analysis, opinions, or conclusions contained in the appraisal 
report; and
    (11) Copies of relevant written reports, studies, or summary 
conclusions prepared by others in association with the appraisal 
assignment which were relied upon by the appraiser to estimate value, 
which may include, but is not limited to, current title reports, mineral 
reports, or timber cruises prepared by qualified specialists.
    (d) Appraisal review.
    (1) Appraisal reports shall be reviewed by a qualified review 
appraiser meeting the qualifications set forth in paragraph (a) of this 
section. Statements of value prepared by agency appraisers are not 
subject to this review.
    (2) The review appraiser shall determine whether the appraisal 
report:
    (i) Is complete, logical, consistent, and supported by market 
analysis;
    (ii) Complies with the standards prescribed in paragraph (c) of this 
section; and
    (iii) Reasonably estimates the probable market value of the lands 
appraised.
    (3) The review appraiser shall prepare a written review report, 
containing at a minimum:
    (i) A description of the review process used;
    (ii) An explanation of the adequacy, relevance, and reasonableness 
of the

[[Page 325]]

data and methods used by the appraiser to estimate value;
    (iii) The review appraiser's conclusions regarding the appraiser's 
estimate of market value; and
    (iv) A certification by the review appraiser to the following:
    (A) The review appraiser has no present or prospective interest in 
the property which is the subject of the review report; and
    (B) The review appraiser has not received compensation that was 
contingent upon approval of the appraisal report.



Sec. 254.10  Bargaining; arbitration.

    (a) Unless the parties to an exchange agree in writing to 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 date of receipt of the appraisal(s) 
for review and approval by the authorized officer, the parties to an 
exchange may agree on the appraised values or may initiate a process of 
bargaining or some other process to determine values. Bargaining or any 
other process must be based on an objective analysis of the valuation in 
the appraisal report(s) and is a means of reconciling differences in 
such report(s). Bargaining or another process to determine values may 
involve one or more of the following actions:
    (A) Submission of the disputed appraisal(s) to another qualified 
appraiser for review:
    (B) Request for additional appraisals;
    (C) Involvement of an impartial third party to facilitate resolution 
of the value disputes, or
    (D) Use of some other acceptable and commonly recognized practice 
for resolving value disputes.
    (ii) Any agreement based upon bargaining must be in writing and made 
part of the administrative record of the exchange. Such agreement must 
contain a reference to all relevant appraisal information and state how 
the parties reconciled or compromised appraisal information to arrive at 
an agreement based on market value.
    (2) If within 180 days from the date of receipt of the appraisal(s) 
for review and approval by the authorized officer, the parties to an 
exchange cannot agree on values but wish to continue with the land 
exchange, the appraisal(s), at the initiative of either party, must be 
submitted to arbitration, unless, in lieu of arbitration, the parties 
have employed a process of bargaining or some other process to determine 
values. If arbitration occurs, it must be conducted in accordance with 
the real estate valuation arbitration rules of the American Arbitration 
Association. The Secretary or an official to whom such authority has 
been delegated shall appoint an arbitrator from a list provided by the 
American Arbitration Association.
    (3) Within 30 days after completion of arbitration, the parties 
involved in the exchange must determine whether to proceed with the 
exchange, modify the exchange to reflect the findings of the arbitration 
or any other factors, or withdraw from the exchange. A decision to 
withdraw from the exchange may be made upon written notice by either 
party at this time or at any other time prior to entering into a binding 
exchange agreement.
    (4) If the parties agree to proceed with an exchange after 
arbitration, the values established by arbitration are binding upon all 
parties for a period not to exceed 2 years from the date of the 
arbitration decision.
    (b) Arbitration is limited to the disputed valuation of the lands 
involved in a proposed exchange and an arbitrator's award decision is 
limited to the value estimate(s) of the contested appraisal(s). An 
arbitrator may not include in an award decision recommendations 
regarding the terms of a proposed exchange, nor may an arbitrator's 
award decision infringe upon the authority of the Secretary to make all 
decisions regarding management of Federal lands and to make public 
interest determinations.



Sec. 254.11  Exchanges at approximately equal value.

    (a) The authorized officer may exchange lands 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 be expedited;

[[Page 326]]

    (2) The value of the lands to be conveyed out of Federal ownership 
is not more than $150,000 as based upon a statement of value prepared by 
a qualified appraiser and accepted by an authorized officer;
    (3) The Federal and non-Federal lands are substantially similar in 
location, acreage, use, and physical attributes; and
    (4) There are no significant elements of value requiring complex 
analysis.
    (b) The authorized officer, not the non-Federal party, determines 
whether the Federal and non-Federal lands are approximately equal in 
value and must document how the determination was made.



Sec. 254.12  Value equalization; cash equalization waiver.

    (a) To equalize the agreed upon values 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 exchange may agree to:
    (1) Modify the exchange proposal by adding or excluding lands; and/
or
    (2) Use cash equalization, after making all reasonable efforts to 
equalize values by adding or deleting lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under 
Sec. 254.7 of this subpart may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (c) The Secretary of Agriculture may not waive cash equalization 
payment due the United States, but the parties may agree to waive cash 
equalization payment due the non-Federal party. The amount to be waived 
may not exceed 3 percent of the value of the lands being exchanged out 
of Federal ownership or $15,000, whichever is less.
    (d) A cash equalization payment may be waived only after the 
authorized officer certifies, in writing, that the waiver will expedite 
the exchange and that the public interest will be best served by the 
waiver.



Sec. 254.13  Approval of exchanges; notice of decision.

    (a) Upon completion of all environmental analyses and appropriate 
documentation, appraisals, and all other supporting studies and 
requirements to determine if a proposed exchange is in the public 
interest and in compliance with applicable law and regulations, the 
authorized officer shall decide whether to approve an exchange proposal.
    (1) When a decision to approve or disapprove an exchange is made, 
the authorized officer shall publish a notice of the availability of the 
decision in newspapers of general circulation. At a minimum, the notice 
must include:
    (i) The date of decision;
    (ii) A concise description of the decision;
    (iii) The name and title of the deciding official;
    (iv) Directions for obtaining a copy of the decision; and
    (v) The date of the beginning of the appeal period.
    (2) The authorized officer shall distribute notices to the State and 
local governmental subdivisions having authority in the geographical 
area within which the lands covered by the notice are located, the non-
Federal exchange parties, authorized users of involved Federal lands, 
the congressional delegation, and individuals who requested notification 
or filed written objections, and others as appropriate.
    (b) For a period of 45 days after the date of publication of a 
notice of the availability of a decision to approve or disapprove an 
exchange proposal, the decision shall be subject to appeal as provided 
under 36 CFR part 217 or, for eligible parties, under 36 CFR part 251, 
subpart C.



Sec. 254.14  Exchange agreement.

    (a) The parties to a proposed exchange may enter into an exchange 
agreement subsequent to a decision by the authorized officer to approve 
the exchange, pursuant to Sec. 254.13 of this subpart. Such an agreement 
is required if hazardous substances are present on the non-Federal 
lands. An exchange agreement must contain the following:

[[Page 327]]

    (1) Identification of the parties, description of the lands and 
interests to be exchanged, identification of all reserved and 
outstanding interests, stipulation of any necessary cash equalization, 
and all other terms and conditions necessary to complete an exchange;
    (2) Inclusion of the terms regarding responsibility for removal, 
indemnification (``hold harmless'' agreement), or other remedial actions 
concerning any hazardous substances on the involved non-Federal lands; 
and
    (3) The agreed upon values of the involved lands, until consummation 
of the land exchange.
    (b) An exchange agreement, as described in paragraph (a) of this 
section, is legally binding on all parties, subject to the terms and 
conditions thereof, provided:
    (1) Acceptable title can be conveyed;
    (2) No substantial loss or damage occurs to either property from any 
cause;
    (3) No undisclosed hazardous substances are found on the involved 
Federal or non-Federal lands prior to conveyance;
    (4) The exchange proposal receives any required Secretarial 
approval;
    (5) No objections are raised during any required congressional 
oversight;
    (6) In the event of an appeal under 36 CFR part 217 or 36 CFR part 
251, subpart C, a decision to approve an exchange proposal pursuant to 
Sec. 254.13 of this subpart is upheld; and
    (7) The agreement is not terminated by mutual consent or upon such 
terms as may be provided in the agreement.
    (c) In the event of a failure to perform or to comply with the terms 
of an exchange agreement, the noncomplying party is liable for all costs 
borne by the other party as a result of the proposed exchange, 
including, but not limited to, land surveys, appraisals, mineral 
examinations, timber cruises, title searches, title curative actions, 
cultural resource surveys and mitigation, hazardous substance surveys 
and controls, removal of encumbrances, arbitration, curing deficiencies 
preventing highest and best use of the land, and any other expenses 
incurred in processing the proposed land exchange.
    (d) Absent an executed exchange agreement, an action taken by the 
parties prior to consummation of an exchange does not create any 
contractual or other binding obligations or rights enforceable against 
any party.
[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



Sec. 254.15  Title standards.

    (a) Title evidence.
    (1) Unless otherwise specified by 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 the 
Department of Justice regulations and ``Standards for the Preparation of 
Title Evidence in Land Acquisitions by the United States'' in effect at 
the time of conveyance.
    (2) The United States is not required to furnish title evidence for 
the Federal lands being exchanged.
    (b) Conveyance documents.
    (1) Unless otherwise specified by the USDA Office of the General 
Counsel, all conveyances to the United States must be prepared, 
executed, and acknowledged in accordance with the Department of Justice 
regulations and ``Standards for the Preparation of Title Evidence in 
Land Acquisitions by the United States'' in effect at the time of 
conveyance.
    (2) Conveyances of lands from the United States are made by patent, 
quitclaim deed, or deed and without express or implied warranties, 
except as to hazardous substances pursuant to Sec. 254.3 of this 
subpart.
    (c) Title encumbrances.
    (1) Non-Federal lands.
    (i) Title to the non-Federal lands must be acceptable to the United 
States. For example, encumbrances such as taxes, judgment liens, 
mortgages, and other objections or title defects shall be eliminated, 
released, or waived in accordance with requirements of the preliminary 
title opinion of the USDA Office of the General Counsel or the 
Department of Justice, as appropriate.
    (ii) The United States shall not accept lands in which there are 
reserved or outstanding interests that would interfere with the use and 
management of the land by the United States or would otherwise be 
inconsistent with

[[Page 328]]

the authority under which, or the purpose for which, the lands are to be 
acquired. Reserved interests of the non-Federal landowner are subject to 
the appropriate rules and regulations of the Secretary, except upon 
special finding by the Chief, Forest Service in the case of States, 
agencies, or political subdivisions thereof (36 CFR part 251, subpart 
A).
    (iii) Any personal property owned by the non-Federal party which is 
not a part of the exchange proposal, should be removed by the non-
Federal party prior to acceptance of title by the United States, unless 
the authorized officer and the non-Federal party to the exchange 
previously agree upon a specified period to remove the personal 
property. If the personal property is not removed prior to acceptance of 
title or within the otherwise prescribed time, it shall be deemed 
abandoned and shall become vested in the United States.
    (iv) The exchange parties must reach agreement on the arrangements 
for the relocation of any tenants. Qualified tenants occupying non-
Federal lands affected by a land exchange may be entitled to relocation 
benefits under 49 CFR 24.2. Unless otherwise provided by law or 
regulation (49 CFR 24.101(a)(1)), relocation benefits are not applicable 
to owner-occupants involved in exchanges with the United States provided 
the owner-occupants are notified in writing that the non-Federal lands 
are being acquired by the United States on a voluntary basis.
    (2) Federal lands. If Federal lands proposed for exchange are 
occupied under grant, permit, easement, or non-mineral lease by a third 
party who is not a party to the exchange, the third party holder of such 
authorization and the non-Federal party to the exchange may reach 
agreement as to the disposition of the existing use(s) authorized under 
the terms of the grant, permit, easement, or lease. The non-Federal 
exchange party shall submit documented proof of such agreement prior to 
issuance of a decision to approve the land exchange, as instructed by 
the authorized officer. If an agreement cannot be reached, the 
authorized officer shall consider other alternatives to accommodate the 
authorized use or shall determine whether the public interest will be 
best served by terminating such use pursuant to 36 CFR 251.60.



Sec. 254.16  Case closing.

    (a) Title transfers. Unless otherwise agreed, and notwithstanding 
the 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 and are deemed accepted by the United 
States and the non-Federal landowner, respectively, when the documents 
of conveyance are recorded in the county clerk's or other local 
recorder's office. Before recordation, all instructions, requirements, 
and conditions set forth by the United States and the non-Federal 
landowner must be met. The minimum requirements and conditions necessary 
for recordation include the following, as appropriate:
    (1) The determination by the authorized officer that the United 
States will receive possession, acceptable to it, of such lands;
    (2) The issuance of title evidence as of the date of recordation 
which conforms to the instructions and requirements of the USDA Office 
of the General Counsel's preliminary title opinion; and
    (3) Continuation searches disclosing no matters of record that would 
require any change in the aforementioned title evidence as issued.
    (b) Automatic segregation of lands. Subject to valid existing 
rights, non-Federal lands acquired through exchange by the United States 
automatically are segregated from appropriation under the public land 
laws and mineral laws until midnight of the 90th day after acceptance of 
title by the United States, and the public land records must be noted 
accordingly. Thereafter, the lands will be open automatically to 
operation of the public land laws and mineral laws, except to the extent 
otherwise provided by law, unless action is taken pursuant to 43 CFR 
part 2300 to initiate a withdrawal within the 90-day period.



Sec. 254.17  Information requirements.

    The requirements governing the preparation of an agreement to 
initiate

[[Page 329]]

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 Act of 1980 (44 U.S.C. 3507) and have been approved 
for use pursuant to 5 CFR part 1320 and assigned OMB Control Number 
0596-0105.
[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



                  Subpart B--National Forest Townsites

    Authority: Pub. L. 85-569; 72 Stat. 438; 16 U.S.C. 478a, as amended 
by sec. 213, Pub. L. 94-579; 90 Stat. 2743.

    Source: 50 FR 29673, July 22, 1985, unless otherwise noted.



Sec. 254.20  Purpose and scope.

    (a) A Forest Service official may, upon application, set aside and 
designate for townsite purposes up to 640 acres of National Forest 
System lands adjacent to or contiguous to an established community in 
Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New 
Mexico, Oregon, Utah, Washington, and Wyoming.
    (b) National Forest System lands, needed by a community, may be sold 
under the Townsite Act, for fair market value if those lands would serve 
indigenous community objectives that outweigh the public objectives and 
values of retaining the lands in Federal ownership. Indigenous community 
objectives may include space for housing and for service industries, 
expansion of existing economic enterprises, new industries utilizing 
local resources and skills, public schools, public health facilities, 
community parks, and other recreation areas for local citizens, but 
would exclude such uses as commercial enterprises or new industries and 
housing projects that would change the character of the local community.



Sec. 254.21  Applications.

    (a) An application to purchase National Forest System lands--
    (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 letter, ordinance, or resolution;
    (3) Must be furnished to the District Ranger or the Forest 
Supervisor for the National Forest area in which the lands are situated; 
and
    (4) Must be limited to 640 acres or less adjacent to an established 
community.
    (b) An application must be accompanied by--
    (1) A description of the land desired; and
    (2) A development plan, consisting of a narrative statement and map, 
which gives a detailed description of the intended use of the site and 
how essential community needs will be met by the purchase.



Sec. 254.22  Designation and public notice.

    (a) A Forest Service official must--
    (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, where applicable, a copy of the designation order to 
the State Director, Bureau of Land Management.
    (b) The designation order will segregate the lands from other forms 
of entry as long as the application remains in force.
    (c) The designation order does not preclude compatible land 
adjustments under the Secretary's authority within the area set aside.
    (d) A Forest Service official must prepare a public notice of the 
proposed townsite sale to be inserted once a week for 4 consecutive 
weeks in a local newspaper:
    (1) The notice shall include descriptive information on the proposed 
townsite sale and identify the applicant and responsible Forest Service 
official; and
    (2) A period of 45 days, from first date of publication, must be 
provided for accepting public comments.



Sec. 254.23  Studies, assessments, and approval.

    (a) After initial public notice has been published, a Forest Service 
official must conduct the necessary studies and assessments to--
    (1) Determine if the applicant has made a satisfactory showing that 
the

[[Page 330]]

land will meet essential community needs resulting from internal growth;
    (2) Determine if lands applied for would serve indigenous community 
objectives that outweight other public objectives and values which would 
be served by maintaining such a tract in Federal ownership;
    (3) Determine if the sale would substantially affect or impair 
important scenic, wildlife, environmental, historical, archeological, or 
cultural values;
    (4) Evaluate the applicability of public comments;
    (5) Identify the extent of valid existing rights and uses; and
    (6) Determine if zoning ordinances, covenants, or standards are 
needed to protect adjacent National Forest land and to protect or 
mitigate valid existing rights and uses.
    (b) Upon approval, the authorized Forest Service official shall take 
appropriate steps to have an assessment made of the fair market value of 
the land and process the conveyance pursuant to Secs. 254.24, 254.25, 
and 254.26.
    (c) Upon disapproval, a Forest Service official shall--
    (1) Notify the applicant in writing of the reasons the proposal is 
not acceptable;
    (2) Inform the applicant of alternate proposals under other 
authorities and/or appeal rights.



Sec. 254.24  Conveyance.

    (a) Conveyance of the approved tract(s) may be made by a single 
transaction or by multiple transactions spread over a period of time in 
accordance with a prearranged schedule.
    (b) The authorized Forest Service official shall--
    (1) Execute and convey title to the townsite tract(s) by quitclaim 
deed;
    (2) Ensure deeds are free of terms and covenants, except those 
deemed necessary to ensure protection of adjacent National Forest System 
land and/or valid existing rights and uses; and
    (3) Deliver executed deeds to the governmental body upon--
    (i) Adoption of zoning ordinance and development plan if found 
necessary; and
    (ii) Notice from the authorized Forest Service Fiscal Agent that 
payment has been received.



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.



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.



                  Subpart C--Conveyance of Small Tracts

    Authority: Pub. L. 97-465; 96 Stat. 2535.

    Source: 49 FR 1185, Jan. 10, 1984, unless otherwise noted.



Sec. 254.30  Purpose.

    These regulations set forth procedures by which the Secretary of 
Agriculture may resolve land disputes and management problems pursuant 
to Pub. L. 97-465, commonly called the Small Tracts Act, by conveying, 
through sale, exchange, or interchange, three categories of tracts of 
land: Parcels encroached on, road rights-of-way, and mineral survey 
fractions. Implementation of these regulations does not constitute 
authorization of nor consent to adverse possession against lands 
administered by the Secretary of Agriculture.



Sec. 254.31  Definitions.

    For the purpose of this subpart,
    An applicant is a 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 owns 
land interspersed with or adjacent to mineral survey fractions.
    Approximately equal value is a comparative estimate of value of 
lands involved in an interchange where elements of value, such as 
physical characteristics and other amenities, are readily apparent and 
substantially similar.
    Claim of title is a claim of land as a person's own, based on any 
reasonable evidence which establishes the person's actual use of the 
land as though the

[[Page 331]]

person had full title thereto from the time the person obtained 
ownership of abutting land.
    Color of title arises from an instrument purporting to convey title 
to a tract of land.
    Encroachments are improvements occupied or used on National Forest 
System land under claim of title or color of title.
    Exchange is a discretionary, voluntary transaction involving mutual 
transfers of land or interests in land between the Secretary of 
Agriculture acting by and through the Forest Service and a nonfederal 
entity.
    Good faith is honesty of intention and freedom from knowledge of 
circumstances which ought to put a prudent person upon inquiry.
    Improvements mean an addition to property costing labor or capital 
which affects its value. The term generally includes fixtures, 
structures and attendant facilities, or buildings.
    Interchange is a land transfer in which the Secretary and another 
person exchange lands or interests in lands of approximately equal value 
without a formal appraisal.
    Mineral survey fractions are small parcels of National Forest System 
lands interspersed with or adjacent to lands transferred out of Federal 
ownership under the mining laws.
    Person includes any nonfederal entity such as a State or any 
political subdivision as well as any individual or business entity.
    Secretary refers to the Secretary of the United States Department of 
Agriculture.



Sec. 254.32  Encroachments.

    (a) Conveyances under this subpart are limited to tracts of 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 good faith relied on an erroneous survey, title search, 
or other land description which did not reveal such encroachment.
    (b) Forest Service officials shall consider the following factors 
when determining whether to convey lands upon which encroachments exist:
    (1) The location of the property boundaries based on historical 
location and continued acceptance and maintenance,
    (2) Factual evidence of claim of title or color of title,
    (3) Notice given to persons encroaching on National Forest System 
lands,
    (4) Degree of development in the encroached upon area, and
    (5) Creation of an uneconomic remnant.



Sec. 254.33  Road rights-of-way.

    (a) Reserved or acquired road right-of-way parcels subject to 
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 consider public road system 
right-of-way needs based on National Forest transportation planning and 
State and local law before making any conveyance of rights-of-way.
    (c) Reimbursement will be required for the value of any improvements 
made by the United States or other highway authorities, unless waived by 
the Chief of the Forest Service.



Sec. 254.34  Mineral survey fractions.

    (a) Mineral survey fractions subject to conveyance under this 
subpart are limited to those tracts which:
    (1) Cannot be efficiently administered because of size, shape, or 
location;
    (2) Are occupied or could be occupied or used by adjoining owners; 
and
    (3) When sold separately or aggregated in one transaction, do not 
exceed 40 acres.
    (b) Forest Service officials shall consider the following criteria 
in determining whether to convey mineral survey fractions under this 
subpart:
    (1) The mineral survey fractions are interspersed among and are more 
or less an integral part of private land holdings;
    (2) The feasibility and cost of surveying the parcels in order to 
manage them effectively;
    (3) The size, shape, and location of the parcels as they affect 
management, utility, access, occupancy or use of the parcels or the 
lands with which they are interspersed.

[[Page 332]]



Sec. 254.35  Limitations.

    (a) Lands within the National Wilderness Preservation System, the 
National Wild and Scenic Rivers System, the National Trails System, and 
National Monuments are excluded from any conveyance under these 
provisions.
    (b) Lands within National Recreation Areas may not be conveyed by 
sale under this subpart.
    (c) The value of Federal lands conveyed in any transaction, pursuant 
to this subpart, shall not exceed $150,000.
    (d) Compensation for lands conveyed shall be of at least equal 
value, or in the case of interchange, of approximately equal value, and 
may be in the form of land, interest in land (including minerals), or 
cash, or any combination thereof.
    (e) The sale, exchange, or interchange of lands or interest in lands 
under these rules are discretionary and shall be made only if found to 
be in the public interest.
    (f) The abutting landowner(s) shall have the first right of 
acquisition.
    (g) The area of land conveyed shall be limited to the minimum 
necessary to resolve encroachment or land management problems.
[49 FR 1185, Jan. 10, 1984; 49 FR 2762, Jan. 23, 1984]



Sec. 254.36  Determining public interest.

    (a) The requirements of Sec. 254.35 and of one 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, such conveyance 
must be determined to be in the public interest.
    (c) Forest Service officials shall consider the following criteria 
in determining when the public interest will be served:
    (1) Sale, exchange, or interchange of the affected lands is not 
practicable under any other authority of the Secretary;
    (2) Administration and management of National Forest System lands 
will be more efficient and will result in improved utilization;
    (3) Access to and use and enjoyment of National Forest System lands 
by the general public will not be unduly impeded or restricted;
    (4) New or extensive inholdings which would create management 
problems will not be established;
    (5) Scenic, wildlife, environmental, historical, archaeological, or 
cultural values will not be substantially affected or impaired;
    (6) Existence of structures authorized under a special use permit or 
easement, and
    (7) Applicable Federal, State, and local laws, rules, regulations, 
and zoning ordinances will not be violated.



Secs. 254.37--254.39  [Reserved]



Sec. 254.40  Applications.

    (a) A request for conveyance of National Forest System land must 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 of administration, 
survey, and appraisal incidental to the conveyance.
    (c) Costs incidental to the conveyance may be waived at the 
discretion of the Chief of the Forest Service.



Sec. 254.41  Public sale or exchange in absence of application.

    (a) Mineral survey fractions 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.
    (b) Public notice of a proposed sale of land for which there is no 
applicant shall be published once a week for four consecutive weeks in a 
local newspaper prior to the date of sale.
    (c) The public notice shall describe the lands to be sold, minimum 
acceptable price, conditions of sale, sealed or oral bid procedures, 
date and location of sale.



Sec. 254.42  Valuation of tracts.

    (a) Approximately equal value shall be determined by comparing 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, physical attributes, functional utility,

[[Page 333]]

proximity of other similar sites, and amenities in the immediate 
environs of the parcel. Findings that tracts are approximately equal in 
value shall be documented. An applicant must signify acceptance of the 
value determination by signing the documented findings prior to the 
interchange.
    (b) Equal value in sale or exchange transactions shall be developed 
by recognized appraisal methods following Forest Service appraisal 
procedures and the Uniform Appraisal Standards for Federal Land 
Acquisition. The date of the value estimate will be current with the 
date of sale or exchange.
    (c) Improvements to National Forest System land made by any persons 
other than the Government may be excluded from the property value 
determinations.



Sec. 254.43  Surveys.

    All necessary tract surveys of National Forest System land shall be 
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 will also be required to have 
all Federal property boundaries resulting from a conveyance marked and 
posted to Forest Service standards.



Sec. 254.44  Document of conveyance.

    (a) Title to the United States may be conveyed by quitclaim 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 deemed necessary to ensure protection of the public interest.
    (c) A copy of all documents of conveyance will be transmitted after 
recordation, where applicable, to the appropriate State Office of the 
Bureau of Land Management.



PART 261--PROHIBITIONS--Table of Contents




                     Subpart A--General Prohibitions

Sec.
261.1  Scope.
261.1a  Special use authorizations, contracts and operating plans.
261.1b  Penalty.
261.2  Definitions.
261.3  Interfering with a Forest Officer, volunteer, or human resource 
          program enrollee or giving false report to a Forest Officer.
261.4  Disorderly conduct.
261.5  Fire.
261.6  Timber and other forest products.
261.7  Livestock.
261.8  Fish and wildlife.
261.9  Property.
261.10  Occupancy and use.
261.11  Sanitation.
261.12  Forest development roads and trails.
261.13  Use of vehicles off roads.
261.14  Developed recreation sites.
261.15  Admission, recreation use and special recreation permit fees.
261.16  National Forest Wilderness.
261.17  Boundary Waters Canoe Area Wilderness.
261.18  Pacific Crest National Scenic Trail.
261.19  National Forest primitive areas.
261.20  Unauthorized use of ``Smokey Bear'' and ``Woodsy Owl'' symbol.
261.21  Wild free-roaming horses and burros.

          Subpart B--Prohibitions in Areas Designated by Order

261.50  Orders.
261.51  Posting.
261.52  Fire.
261.53  Special closures.
261.54  Forest development roads.
261.55  Forest development trails.
261.56  Use of vehicles off forest development roads.
261.57  National Forest wilderness.
261.58  Occupancy and use.

                   Subpart C--Prohibitions in Regions

261.70  Issuance of regulations.
261.71  Regulations applicable to Region 1, Northern Region, as defined 
          in Sec. 200.2. [Reserved]
261.72  Regulations applicable to Region 2, Rocky Mountain Region, as 
          defined in Sec. 200.2.  [Reserved]
261.73  Regulations applicable to Region 3, Southwestern Region, as 
          defined in Sec. 200.2.  [Reserved]
261.74  Regulations applicable to Region 4, Intermountain Region, as 
          defined in Sec. 200.2.  [Reserved]
261.75  Regulations applicable to Region 5, California Region, as 
          defined in Sec. 200.2.
261.76  Regulations applicable to Region 6, Pacific Northwest Region, as 
          defined in Sec. 200.2.  [Reserved]
261.77  Prohibitions in Region 8, Southern Region.
261.78  Prohibitions applicable to Region 9, Eastern Region, as defined 
          in Sec. 200.2.
261.79  Regulations applicable to Region 10, Alaska Region, as defined 
          in Sec. 200.2.  [Reserved]


[[Page 334]]


    Authority: 16 U.S.C. 551; 16 U.S.C. 472; 7 U.S.C. 1011(f); 16 U.S.C. 
1246(i); 16 U.S.C. 1133(C)-(d)(1); 16 U.S.C. 620(f).

    Source: 42 FR 2957, Jan. 14, 1977, unless otherwise noted.



                     Subpart A--General Prohibitions



Sec. 261.1  Scope.

    (a) The prohibitions in this part apply, except as otherwise 
provided, when:
    (1) An act or omission occurs in the National Forest System or on a 
Forest development road or trail.
    (2) An act or omission affects, threatens, or endangers property of 
the United States administered by the Forest Service.
    (3) An act or omission affects, threatens, or endangers a person 
using, or engaged in the protection, improvement or administration of 
the National Forest System or a Forest development road or trail.
    (4) An act or omission occurs within the designated boundaries of a 
component of the National Wild and Scenic Rivers System.
    (b) Nothing in this part shall preclude activities as authorized by 
the Wilderness Act of 1964 or the U.S. Mining Laws Act of 1872 as 
amended.
[42 FR 35958, July 13, 1977, as amended at 43 FR 32136, July 25, 1978; 
46 FR 33519, June 30, 1981]



Sec. 261.1a  Special use authorizations, contracts and operating plans.

    The Chief, each Regional Forester, each Forest Supervisor, and each 
District Ranger or equivalent officer may issue special-use 
authorizations, award contracts, or approve operating plans authorizing 
the occupancy or use of a road, trail, area, river, lake, or other part 
of the National Forest System in accordance with authority which is 
delegated elsewhere in this chapter or in the Forest Service Manual. 
These Forest Officers may permit in the authorizing document or approved 
plan an act or omission that would otherwise be a violation of a subpart 
A or subpart C regulation or a subpart B order. In authorizing such 
uses, the Forest Officer may place such conditions on the authorization 
as that officer considers necessary for the protection or administration 
of the National Forest System, or for the promotion of public health, 
safety, or welfare.
[49 FR 25450, June 21, 1984]



Sec. 261.1b  Penalty.

    Any violation of the prohibitions of this part (261) shall be 
punished by a 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 30, 1981]



Sec. 261.2  Definitions.

    The following definitions apply to this part:
    Archaeological resource means 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, location, or 
context in which they are found.
    Campfire means a fire, not within any building, mobile home or 
living accommodation mounted on a motor vehicle, which is used for 
cooking, personal warmth, lighting, ceremonial, or esthetic purposes. 
Fire includes campfire.
    Camping means the temporary use of National Forest System lands for 
the purpose of overnight occupancy without a permanently-fixed 
structure.
    Camping equipment means the personal property used in or suitable 
for camping, and includes any vehicle used for transportation and all 
equipment in possession of a person camping. Food and beverage are not 
considered camping equipment.
    Cave means any naturally occurring void, cavity, recess, or system 
of interconnected passages beneath the surface of the earth or within a 
cliff or ledge and which is large enough to permit a person to enter, 
whether the entrance is excavated or naturally formed. Such term shall 
include any natural pit, sinkhole, or other opening which is an 
extensive of a cave entrance or which is an integral part of the cave.
    Cave resources mean any materials or substances occurring in caves 
including, but not limited to, biotic, cultural, mineralogic, 
paleontologic, geologic, and hydrologic resources.

[[Page 335]]

    Commercial use or activity-- any use or activity on National Forest 
System lands (a) where an entry or participation fee is charged, or (b) 
where the primary purpose is the sale of a good or service, and in 
either case, regardless of whether the use or activity is intended to 
produce a profit.
    Damaging means to injure, mutilate, deface, destroy, cut, chop, 
girdle, dig, excavate, kill or in any way harm or disturb.
    Developed recreation site means an area which has been improved or 
developed for recreation.
    Distribution of printed material-- disseminating, posting, affixing, 
or erecting printed material as defined in this section.
    Forest development road means a road wholly or partly within or 
adjacent to and serving a part of the National Forest System and which 
has been included in the Forest Development Road System Plan.
    Forest development trail means a trail wholly or partly within or 
adjacent to and serving a part of the National Forest System and which 
has been included in the Forest Development Trail System Plan.
    Forest officer means an employee of the Forest Service.
    Historical resource means any structural, architectural, 
archaeological, artifactual or other material remains of past human life 
or activities which are of historical interest and are at least 50 years 
of age, and the physical site, location, or context in which they are 
found.
    Motorized equipment means any machine activated by a nonliving power 
source except small battery-powered handcarried devices such as 
flashlights, shavers, Geiger counters, and cameras.
    Motor vehicle means any vehicle which is self-propelled or any 
vehicle which is propelled by electric power obtained from batteries, 
but not operated on rails.
    National Forest System includes all national forest lands and waters 
reserved or withdrawn from the public domain of the United States, 
national forest lands and waters acquired through purchase, exchange, 
donation, or other means, national grasslands and land utilization 
projects and waters administered under title III of the Bankhead-Jones 
Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-1012), and other lands, 
waters, or interests therein acquired under the Wild and Scenic River 
Act (16 U.S.C. 1271-1287) or National Trails System Act (16 U.S.C. 1241-
1249).
    National Forest wilderness means those parts of the National Forest 
System which were designated units of the National Wilderness 
Preservation System by the Wilderness Act of September 3, 1964, and such 
other areas of the National Forest System as are added to the wilderness 
system by act of Congress.
    Operating plan means a plan of operations as provided for in 36 CFR 
part 228, subpart A, and a surface use plan of operations as provided 
for in 36 CFR part 228, subpart E.
    Paleontological resource means any evidence of fossilized remains of 
multicellular invertebrate and vertebrate animals and multicellular 
plants, including imprints thereof. Organic remains primarily collected 
for use as fuel such as coal and oil are Paleontological Resources, but 
are excluded from the prohibitions under the rule.
    Person means natural person, corporation, company, partnership, 
trust, firm, or association of persons.
    Permission means oral authorization by a forest officer.
    Permit means authorization in writing by a forest officer.
    Prehistoric resource means any structural, architectural, 
archaeological, artifactual or other material remains of past human life 
or activity generally prior to the advent of written records and of 
anthropological interest, and the physical site, location, or context in 
which they are found.
    Primitive areas are those areas within the National Forest System 
classified as Primitive on the effective date of the Wilderness Act, 
September 3, 1964.
    Printed material--any written and/or graphic material including but 
not limited to pamphlets, brochures, photographs, graphics, signs, and 
posters.
    Publicly nude means nude in any place where a person may be observed 
by another person. Any person is nude if the person has failed to cover 
the rectal area, pubic area or genitals. A female person is also nude if 
she has

[[Page 336]]

failed to cover both breasts below a point immediately above the top of 
the areola. Each such covering must be fully opaque. No person under the 
age of 10 years shall be considered publicly nude.
    Special-use authorization means a permit, term permit, lease or 
easement which allows occupancy, or use rights or privileges of National 
Forest System land.
    State means any State, the Commonwealth of Puerto Rico, and the 
District of Columbia.
    State law means the law of any State in whose exterior boundaries an 
act or omission occurs regardless of whether State law is otherwise 
applicable.
    Stove fire means a campfire built inside an enclosed stove or grill, 
a portable brazier, or a pressurized liquid or gas stove, including a 
space-heating device.
    Unauthorized livestock means any cattle, sheep, goat, hog, or equine 
not definded as a wild free-roaming horse or burro by 
Sec. 222.20(b)(13), which is not authorized by permit to be upon the 
land on which the livestock is located and which is not related to use 
authorized by a grazing permit; provided, that noncommerical pack and 
saddle stock used by recreationists, travelers, other Forest visitors 
for occasional trips, as well as livestock to be trailed over an 
established driveway when there is no overnight stop on Forest Service 
administered land do not fall under this definition.
    Vehicle means any device in, upon, or by which any person or 
property is or may be transported, including any frame, chassis, or body 
of any motor vehicle, except devices used exclusively upon stationary 
rails or tracks.
    Volunteer or hosted enrollee means any person, not a Forest Service 
employee, officially participating in a Forest Service human resource 
program as authorized by an act of Congress and identified to accomplish 
one or more of the following objectives: provide skills training; 
education; useful work; develop understanding of ecological systems and 
conservation of natural resources; build cultural and communication 
bridges between various socioeconomic groups; and further the 
administration, development, and management of National Forest 
resources, forest research, and State and Private Forest activities.
    Wild free-roaming horses and burros mean all unbranded and unclaimed 
horses and burros and their progeny that have used lands of the National 
Forest System on or after December 15, 1971, or do hereafter use these 
lands as all or part of their habitat, but does not include any horse or 
burro introduced onto National Forest System lands on or after December 
15, 1971, by accident, negligence, or willful disregard of private 
ownership. Unbranded, claimed horses and burros, where the claim is 
found to be erroneous, are also considered as wild and free-roaming if 
they meet the criteria above.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 46 
FR 33519, June 30, 1981; 47 FR 29230, July 6, 1982; 49 FR 25450, June 
24, 1984; 51 FR 1250, Jan. 10, 1986; 55 FR 10452, Mar. 21, 1990; 59 FR 
31152, June 17, 1994; 60 FR 45295, Aug. 30, 1995]



Sec. 261.3  Interfering with a Forest officer, volunteer, or human resource program enrollee or giving false report to a Forest officer.

    The following are prohibited:
    (a) Threatening, resisting, intimidating, or interfering with any 
forest officer engaged in or on account of the performance of his 
official duties in the protection, improvement, or administration of the 
National Forest System is prohibited.
    (b) Giving any false, fictitious or fraudulent report or other 
information to any Forest Officer engaged in or on account of the 
performance of his official duties knowing that such report or other 
information contains false, fictitious or fraudulent statement or entry.
    (c) Threatening, intimidating, or intentionally interfering with any 
Forest officer, volunteer, or human resource program enrollee while 
engaged in, or on account of, the performance of duties for the 
protection, improvement, or administration of the National Forest System 
or other duties assigned by the Forest Service.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 
FR 25450, June 21, 1984]

[[Page 337]]



Sec. 261.4  Disorderly conduct.

    The following are prohibited:
    (a) Engaging in fighting.
    (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 by the person to whom, 
individually, the remark is addressed.
    (c) Make statements or other actions directed toward inciting or 
producing imminent lawless action and likely to incite or produce such 
action.
    (d) Causing public inconvenience, annoyance, or alarm by making 
unreasonably loud noise.
[46 FR 33520, June 30, 1981]



Sec. 261.5  Fire.

    The following are prohibited:
    (a) Carelessly or negligently throwing or placing any 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 to burn except as 
authorized by permit.
    (d) Leaving a fire without completely extinguishing it.
    (e) Allowing a fire to escape from control.
    (f) Building, attending, maintaining, or using a campfire without 
removing all flammable material from around the campfire adequate to 
prevent its escape.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981]



Sec. 261.6  Timber and other forest products.

    The following are prohibited:
    (a) Cutting or otherwise damaging 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 any standing tree, under permit or timber sale contract, 
before a Forest Officer has marked it or has otherwise designated it for 
cutting.
    (c) Removing any timber or other forest product cut under permit or 
timber sale contract, except to a place designated for scaling, or 
removing it from that place before it is scaled, measured, counted, or 
otherwise accounted for by a forest officer.
    (d) Stamping, marking with paint, or otherwise identifying any tree 
or other forest product in a manner similar to that employed by forest 
officers to mark or designate a tree or any other forest product for 
cutting or removal.
    (e) Loading, removing or hauling timber or other forest product 
acquired under any permit or timber sale contract unless such product is 
identified as required in such permit or contract.
    (f) Selling or exchanging any timber or other forest product 
obtained under free use pursuant to Secs. 223.5 through 223.11.
    (g) Violating any timber export or substitution restriction in 
Secs. 223.160 through 223.164.
    (h) Removing any timber, tree or other forest product, except as 
authorized by a special-use authorization, timber sale contract, or 
Federal law or regulation.
    (i) Violating the Forest Resources Conservation and Shortage Relief 
Act of 1990 (16 U.S.C. 620, et seq.), or its implementing regulations at 
36 CFR 223.185-223.203.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 49 
FR 25450, June 21, 1984; 51 FR 1250, Jan. 10, 1986; 60 FR 46934, Sept. 
8, 1995]



Sec. 261.7  Livestock.

    The following are prohibited:
    (a) Placing or allowing unauthorized livestock to enter or be in the 
National Forest System or other lands under Forest Service control.
    (b) Not removing unauthorized livestock from the National Forest 
System or other lands under Forest Service control when requested by a 
forest officer.
    (c) Failing to reclose any gate or other entry.
    (d) Molesting, injuring, removing, or releasing any livestock 
impounded under Sec. 262.10 while in the custody of the Forest Service 
or its authorized agents.
[42 FR 35959, July 13, 1977, as amended at 51 FR 1251, Jan. 10, 1986]



Sec. 261.8  Fish and wildlife.

    The following are prohibited to the extent Federal or State law is 
violated:

[[Page 338]]

    (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.
    (b) Possessing a firearm or other implement designed to discharge a 
missile capable of destroying animal life.
    (c) Possessing equipment which could be used for hunting, fishing, 
or trapping.
    (d) Possessing a dog not on a leash or otherwise confined.
    (e) Curtail the free movement of any animal or plant life into or 
out of a cave, except as authorized to protect a cave resource.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 59 
FR 31152, June 17, 1994]



Sec. 261.9  Property.

    The following are prohibited:
    (a) Damaging any natural feature or other property 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 threatened, 
endangered, sentitive, rare, or unique species.
    (d) Removing any plant that is classified as a threatened, 
endangered, sentitive, rare, or unique species.
    (e) Entering any building, structure, or enclosed area owned or 
controlled by the United States when such building, structure, or 
enclosed area is not open to the public.
    (f) Using any pesticide except for personal use as an insect 
repellent or as provided by special-use authorization for other minor 
uses.
    (g) Digging in, excavating, disturbing, injuring, destroying, or in 
any way damaging any prehistoric, historic, or archaeological resource, 
structure, site, artifact, or property.
    (h) Removing any prehistoric, historic, or archaeological resource, 
structure, site, artifact, property.
    (i) Excavating, damaging, or removing any vertebrate fossil or 
removing any paleontological resource for commercial purposes without a 
special use authorization.
    (j) Excavating, damaging, or removing any cave resource from a cave 
without a special use authorization, or removing any cave resource for 
commercial purposes.
[46 FR 33520, June 30, 1981, as amended at 49 FR 25450, June 21, 1984; 
51 FR 30356, Aug. 26, 1986; 59 FR 31152, June 17, 1994]



Sec. 261.10  Occupancy and use.

    The following are prohibited:
    (a) Constructing, placing, or maintaining any kind of road, trail, 
structure, fence, enclosure, communication equipment, or other 
improvement on National Forest system land or facilities without a 
special-use authorization, contract, or approved operating plan.
    (b) Taking possession of, occupying, or otherwise using National 
Forest System lands for residential purposes without a special-use 
authorization, or as otherwise authorized by Federal law or regulation.
    (c) Selling or offering for sale any merchandise or conducting any 
kind of work activity or service unless authorized by Federal law, 
regulation, or special-use authorization.
    (d) Discharging a firearm or any other implement capable of taking 
human life, causing injury, or damaging property as follows:
    (1) In or within 150 yards of a residence, building, campsite, 
developed recreation site or occupied area, or
    (2) Across or on a Forest Development road or a body of water 
adjacent thereto, or in any manner or place whereby any person or 
property is exposed to injury or damage as a result in such discharge.
    (3) Into or within any cave.
    (e) Abandoning any personal property.
    (f) Placing a vehicle or other object in such a manner that it is an 
impediment or hazard to the safety or convenience of any person.
    (g) Commercial distribution of printed material without a special 
use authorization.
    (h) When commercially distributing printed material, delaying, 
halting, or preventing administrative use of an area by the Forest 
Service or other scheduled or existing uses or activities on National 
Forest System lands; misrepresenting the purposes or affiliations of 
those selling or distributing the material; or misrepresenting the

[[Page 339]]

availability of the material without cost.
    (i) Operating or using in or near a campsite, developed recreation 
site, or over an adjacent body of water without a permit, any device 
which produces noise, such as a radio, television, musical instrument, 
motor or engine in such a manner and at such a time so as to 
unreasonably disturb any person.
    (j) Operating or using a public address system, whether fixed, 
portable or vehicle mounted, in or near a campsite or developed 
recreation site or over an adjacent body of water without a special-use 
authorization.
    (k) Use or occupancy of National Forest System land or facilities 
without special-use authorization when such authorization is required.
    (l) Violating any term or condition of a special-use authorization, 
contract or approved operating plan.
    (m) Failing to stop a vehicle when directed to do so by a Forest 
Officer.
    (n) Failing to pay any special use fee or other charges as required.
    (o) Discharging or igniting a firecracker, rocket or other firework, 
or explosive into or within any cave.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 
FR 25450, June 21, 1984; 53 FR 16550, May 10, 1988; 59 FR 31152, June 
17, 1994; 60 FR 45295, Aug. 30, 1995]



Sec. 261.11  Sanitation.

    The following are prohibited:
    (a) Depositing in any toilet, toilet vault, or 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 an exposed or 
unsanitary condition.
    (c) Placing in or near a stream, lake, or other water any substance 
which does or may pollute a stream, lake, or other water.
    (d) Failing to dispose of all garbage, including any paper, can, 
bottle, sewage, waste water or material, or rubbish either by removal 
from the site or area, or by depositing it into receptacles or at places 
provided for such purposes.
    (e) Dumping of any refuse, debris, trash or litter brought as such 
from private property or from land occupied under permit, except, where 
a container, dump or similar facility has been provided and is 
identified as such, to receive trash generated from private lands or 
lands occupied under permit.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981]



Sec. 261.12  Forest development roads and trails.

    The following are prohibited:
    (a) Violating the 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 this Chapter.
    (b) Failing to have a vehicle weighed at a Forest Service weighing 
station, if required by a sign.
    (c) Damaging and leaving in a damaged condition any such road, 
trail, or segment thereof.
    (d) Blocking, restricting, or otherwise interfering with the use of 
a road, trail, or gate.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 
FR 25450, June 21, 1984; 55 FR 25832, June 25, 1990]



Sec. 261.13  Use of vehicles off roads.

    It is prohibited to operate any vehicle off Forest Development, 
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 to one-half hour before sunrise 
unless equipped with working head and tail lights.
    (d) In violation of any applicable noise emission standard 
established by any Federal or State agency.
    (e) While under the influence of alcohol or other drug;
    (f) Creating excessive or unusual smoke;
    (g) Carelessly, recklessly, or without regard for the safety of any 
person, or in a manner that endangers, or is likely to endanger, any 
person or property.
    (h) In a manner which damages or unreasonably disturbs the land, 
wildlife, or vegetative resources.

[[Page 340]]

    (i) In violation of State law established for vehicles used off 
roads.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977]



Sec. 261.14  Developed recreation sites.

    The following are prohibited:
    (a) Occupying any portion of 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 or outside of 
a stove, grill or fireplace.
    (c) Cleaning or washing any personal property, fish, animal, or 
food, or bathing or washing at a hydrant or water faucet not provided 
for that purpose.
    (d) Discharging or igniting a firecracker, rocket or other firework, 
or explosive.
    (e) Occupying between 10 p.m. and 6 a.m. a place designated for day 
use only.
    (f) Failing to remove all camping equipment or personal property 
when vacating the area or site.
    (g) Placing, maintaining, or using camping equipment except in a 
place specifically designated or provided for such equipment.
    (h) Without permission, failing to have at least one person occupy a 
camping area during the first night after camping equipment has been set 
up.
    (i) Leaving camping equipment unattended for more than 24 hours 
without permission.
    (j) Bringing in or possessing an animal, other than a seeing eye 
dog, unless it is crated, caged, or upon a leash not longer than six 
feet, or otherwise under physical restrictive control.
    (k) Bringing in or possessing in a swimming area an animal, other 
than a seeing eye dog.
    (l) Bringing in or possessing a saddle, pack, or draft animal except 
as authorized by posted instructions.
    (m) Operating or parking a motor vehicle or trailer except in places 
developed or designated for this purpose.
    (n) Operating a bicycle, motorbike, or motorcycle on a trail unless 
designated for this use.
    (o) Operating a motorbike, motorcycle, or other motor vehicle for 
any purpose other than entering or leaving the site.
    (p) Depositing any body waste except into receptales provided for 
that purpose.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 
FR 25450, June 21, 1984; 60 FR 45295, Aug. 30, 1995]



Sec. 261.15  Admission, recreation use and special recreation permit fees.

    Failing to pay any fee established for 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 $100.

(Sec. 2, 78 Stat. 897, as amended; 16 U.S.C. 460l-6(e))

[46 FR 33520, June 30, 1981]



Sec. 261.16  National Forest Wilderness.

    The following are prohibited in a National Forest Wilderness:
    (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 or bicycle.
    (c) Landing of aircraft, or dropping or picking up of any material, 
supplies, or person by means of aircraft, including a helicopter.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 50 
FR 16231, Apr. 25, 1985]



Sec. 261.17  Boundary Waters Canoe Area Wilderness.

    The following are prohibited in the Boundary Waters Canoe 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 or as specifically authorized by Federal law or regulation.
    (b) Transporting, using, or mooring amphibious craft of any type or 
any watercraft designed for or used as floating living quarters.
    (c) Using wheels, rollers, or other mechanical devices for the 
overland transportation of any watercraft, except by

[[Page 341]]

special-use authorization, or as authorized by Federal law or 
regulation.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 49 
FR 25450, June 21, 1984; 50 FR 16231, Apr. 25, 1985]



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]



Sec. 261.19  National Forest primitive areas.

    The following are prohibited in any area classified as a 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.
    (b) Possessing or using a motor or motorized equipment, except small 
battery powered, hand-held devices, such as cameras, shavers, 
flashlights, and Geiger-counters.
[42 FR 35959, July 13, 1977]



Sec. 261.20  Unauthorized use of ``Smokey Bear'' and ``Woodsy Owl'' symbol.

    (a) Manufacture, importation, reproduction, 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 ``Woodsy Owl'' 
except as provided under Secs. 272.2, 272.3, or 272.4 is prohibited.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977]



Sec. 261.21  Wild free-roaming horses and burros.

    The following are prohibited:
    (a) Removing or 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 or harassment of a 
wild free-roaming horse or burro.
    (c) Removing or attempting to remove, alter or destroy any official 
mark used to identify a wild horse or burro or its remains unless 
authorized or permitted by law or regulation.
    (d) Violating any terms or conditions specified in a care and 
maintenance agreement or permit.
[46 FR 33520, June 30, 1981]



          Subpart B--Prohibitions in Areas Designated by Order



Sec. 261.50  Orders.

    (a) The Chief, each Regional Forester, each Experiment Station 
Director, 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 area over which he has jurisdiction. An 
order may close an area to entry or may restrict the use of an area by 
applying any or all of the prohibitions authorized in this subpart or 
any portion thereof.
    (b) The Chief, each Regional Forester, each Experiment Station 
Director, the Administrator of the Lake Tahoe Basin Management Unit and 
each Forest Supervisor may issue orders which close or restrict the use 
of any forest development road or trail within the area over which he 
has jurisdiction.
    (c) Each order shall:
    (1) For orders issued under paragraph (a) of this section, describe 
the area to which the order applies;
    (2) For orders issued under paragraph (b) of this section, describe 
the road or trail to which the order applies;
    (3) Specify the times during which the prohibitions apply if applied 
only during limited times;
    (4) State each prohibition which is applied; and
    (5) Be posted in accordance with Sec. 261.51.
    (d) The prohibitions which are applied by an order are supplemental 
to the general prohibitions in Subpart A.
    (e) An order may exempt any of the following persons from any of the 
prohibitions contained in the order:
    (1) Persons with a permit specifically authorizing the otherwise 
prohibited act or omission.
    (2) Owners or lessees of land in the area;
    (3) Residents in the area;

[[Page 342]]

    (4) Any Federal, State, or local officer, or member of an organized 
rescue or fire fighting force in the performance of an offical duty; and
    (5) Persons engaged in a business, trade, or occupation in the area.
    (6) Any other person meeting exemption requirements specified in the 
order.
    (f) Any person wishing to use a Forest development road or trail or 
a portion of the National Forest System, should contact the Forest 
Supervisor, Director, Administrator, or District Ranger to ascertain the 
special restrictions which may be applicable thereto.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 42 
FR 35959, July 13, 1977; 46 FR 33521, June 30, 1981]



Sec. 261.51  Posting.

    Posting is accomplished by:
    (a) Placing a copy of the order imposing each 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
    (b) Displaying each prohibition imposed by an order in such 
locations and manner as to reasonably bring the prohibition to the 
attention of the public.



Sec. 261.52  Fire.

    When provided by an order, the following are prohibited:
    (a) Building, maintaining, attending or using a fire, campfire, or 
stove fire.
    (b) Using an explosive.
    (c) Smoking.
    (d) Smoking, except within an enclosed vehicle or building, a 
developed recreation site, or while stopped in an area at least three 
feet in diameter that is barren or cleared of all flammable material.
    (e) Going into or being upon an area.
    (f) Possessing, discharging or using any kind of firework or other 
pyrotechnic device.
    (g) Entering an area without any firefighting tool prescribed by the 
order.
    (h) Operating an internal combustion engine.
    (i) Welding, or operating an acetylene or other torch with open 
flame.
    (j) Operating or using any internal or external combustion engine 
without a spark arresting device properly installed, maintained and in 
effective working order meeting either:
    (1) Department of Agriculture, Forest Service Standard 5100-1a; or
    (2) Appropriate Society of Automotive Engineers (SAE) recommended 
practice J335(b) and J350(a).
    (k) Violating any state law specified in the order concerning 
burning, fires or which is for the purpose of preventing, or restricting 
the spread of fires.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977; as amended at 42 
FR 35959, July 13, 1977; 46 FR 33521, June 30, 1981]



Sec. 261.53  Special closures.

    When provided in an order, it is prohibited to go into or be upon 
any area which is closed for the protection of:
    (a) Threatened, endangered, rare, unique, or vanishing species of 
plants, animals, birds or fish.
    (b) Special biological communities.
    (c) Objects or areas of historical, archeological, geological, or 
paleontological interest.
    (d) Scientific experiments or investigations.
    (e) Public health or safety.
    (f) Property.



Sec. 261.54  Forest development roads.

    When provided by an order, the following are prohibited:
    (a) Using any type of vehicle prohibited by the order.
    (b) Use by any type of traffic prohibited by the order.
    (c) Using a road for commercial hauling without a permit or written 
authorization.
    (d) Operating a vehicle in violation of the speed, load, weight, 
height, length, width, or other limitations specified by the order.
    (e) Being on the road.
    (f) Operating a vehicle carelessly, recklessly, or without regard 
for the rights or safety of other persons or in a manner or at a speed 
that would endanger or be likely to endanger any person or property.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33521, June 30, 1981]

[[Page 343]]



Sec. 261.55  Forest development trails.

    When provided by an order issued in accordance with Sec. 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.
    (c) Use by any type of traffic or mode of transport prohibited by 
the order.
    (d) Operating a vehicle in violation of the width, weight, height, 
length, or other limitations specified by the order.
    (e) Shortcutting a switchback in a trail.
[55 FR 25832, June 25, 1990]



Sec. 261.56  Use of vehicles off forest development roads.

    When provided by an order, it is prohibited to possess or use a 
vehicle off forest development roads.



Sec. 261.57  National Forest wilderness.

    When provided by an order, the following are prohibited:
    (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.
    (d) Possessing any non-burnable food or beverage containers, 
including deposit bottles, except for non-burnable containers designed 
and intended for repeated use.
    (e) Grazing.
    (f) Storing equipment, personal property or supplies.
    (g) Disposing of debris, garbage, or other waste.
    (h) Possessing or using a wagon, cart or other vehicle.
[42 FR 2957, Jan. 14, 1977, as amended at 49 FR 25450, June 21, 1984]



Sec. 261.58  Occupancy and use.

    When provided by an order, the following are prohibited:
    (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 a campground during night periods 
prescribed in the order except for persons who are occupying such 
campgrounds.
    (d) Occupying a developed recreation site with prohibited camping 
equipment prescribed by the order.
    (e) Camping.
    (f) Using a campsite or other area described in the order by more 
than the number of users allowed by the order.
    (g) Parking or leaving a vehicle in violation of posted 
instructions.
    (h) Parking or leaving a vehicle outside a parking space assigned to 
one's own camp unit.
    (i) Possessing, parking or leaving more than two vehicles, except 
motorcycles or bicycles per camp unit.
    (j) Being publicly nude.
    (k) Entering or being in a body of water.
    (l) Being in the area after sundown or before sunrise.
    (m) Discharging a firearm, air rifle, or gas gun.
    (n) Possessing or operating a motorboat.
    (o) Water skiing.
    (p) Storing or leaving a boat or raft.
    (q) Operating any watercraft in excess of a posted speed limit.
    (r) Launching a boat except at a designated launching ramp.
    (s) Possessing, storing, or transporting any bird, fish, or other 
animal or parts thereof, as specified in the order.
    (t) Possessing, storing, or transporting any part of a tree or other 
plant, as specified in the order.
    (u) Being in the area between 10 p.m. and 6 a.m. except a person who 
is camping or who is visiting a person camping in that area.
    (v) Hunting or fishing.
    (w) Possessing or transporting any motor or mechanical device 
capable of propelling a watercraft through water by any means.
    (x) Using any wheel, roller, or other mechanical device for the 
overland transportation of any watercraft.
    (y) Landing of aircraft, or dropping or picking up any material, 
supplies, or person by means of an aircraft, including a helicopter.
    (z) Entering or being on lands or waters within the boundaries of a 
component of the National Wild and Scenic Rivers System.
    (aa) Riding, hitching, tethering or hobbling a horse or other saddle 
or

[[Page 344]]

pack animal in violation of posted instructions.
    (bb) Possessing a beverage which is defined as an alcoholic beverage 
by State law.
    (cc) Possessing or storing any food or refuse, as specified in the 
order.
    (dd) [Reserved]
    (ee) Depositing any body waste in caves except into receptacles 
provided for that purpose.
[42 FR 2597, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 43 
FR 32136, July 25, 1978; 46 FR 33521, June 30, 1981; 52 FR 19347, May 
22, 1987; 59 FR 31152, June 17, 1994]



                   Subpart C--Prohibitions in Regions



Sec. 261.70  Issuance of regulations.

    (a) Pursuant to 7 CFR 2.60, the Chief, and each Regional Forester, 
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 or more of the following purposes:
    (1) Fire prevention or control.
    (2) Disease prevention or control.
    (3) Protection of property, roads, or trails.
    (4) Protection of threatened, endangered, rare, unique, or vanishing 
species of plants, animals, birds or fish, or special biological 
communities.
    (5) Protection of objects or places of historical, archaeological, 
geological or paleontological interest.
    (6) Protection of scientific experiments or investigations.
    (7) Public safety.
    (8) Protection of health.
    (9) Establishing reasonable rules of public conduct.
    (b) Regulations issued under this subpart shall not be contrary to 
or duplicate any prohibition which is established under existing 
regulations.
    (c) In issuing any regulations under paragraph (a) of this section, 
the issuing officer shall follow 5 U.S.C. 553.
    (d) In a situation when the issuing officer determines that a notice 
of proposed rule making and public participation thereon is 
impracticable, unnecessary, or contrary to the public interest, he shall 
issue, with the concurrence of the Chief, an interim regulation 
containing an expiration date.
    (e) No interim regulation issued under paragraph (d) of this section 
will be effective for more than 90 days unless readopted as a permanent 
rule after a notice of proposed rule making under 5 U.S.C. 553 (b) and 
(c).



Sec. 261.71  Regulations applicable to Region 1, Northern Region, as defined in Sec. 200.2.  [Reserved]



Sec. 261.72  Regulations applicable to Region 2, Rocky Mountain Region, as defined in Sec. 200.2.  [Reserved]



Sec. 261.73  Regulations applicable to Region 3, Southwestern Region, as defined in Sec. 200.2.  [Reserved]



Sec. 261.74  Regulations applicable to Region 4, Intermountain Region, as defined in Sec. 200.2.  [Reserved]



Sec. 261.75  Regulations applicable to Region 5, California Region, as defined in Sec. 200.2.

    (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 at 35 FR 4219 or any 
amendment to that notice.
    (2) Motorized equipment means any equipment having or using an 
engine or motor, except small battery-powered handheld devices such as 
cameras, shavers, flashlights, and Geiger counters.
    (3) Wild river zone means the area described as the Bald Rock Canyon 
Wild River Zone or as the Upper Canyon Wild River Zone in the notice at 
35 FR 4219 or any amendment to that notice.
    (b) Prohibitions. (1) Possessing or using motorized equipment in the 
wild river zone of the Middle Fork of the Feather River, except on the 
Stag Point Trail or the Cleghorn Bar Trail, is prohibited.
    (2) Paragraph (b)(1) of this section does not apply to any equipment 
authorized by a permit from the Forest Supervisor, Plumas National 
Forest, containing such terms and conditions as he considers necessary 
for the protection or preservation of the wild river zone or the health, 
safety or welfare of its users. Violation of any term or condition of 
such a permit is prohibited.
[42 FR 31789, June 23, 1977]

[[Page 345]]



Sec. 261.76  Regulations applicable to Region 6, Pacific Northwest Region, as defined in Sec. 200.2.  [Reserved]



Sec. 261.77  Prohibitions in Region 8, Southern Region.

    (a) Using or occupying any area of the Sumter National 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 of every kind or description, unless 
authorized by permit obtained through registration at Forest Service 
Registration Stations abutting the Chattooga River located at Highway 
28, Low-Water Bridge, Earl's Ford, Sandy Ford, Highway 76, Woodall 
Shoals, or Overflow Bridge or unless authorized under special use 
permit.
    (b) Using or occupying within the scope of any commercial operation 
or business any area of the Sumter National 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 of 
every kind or description, unless authorized by special use permit.
    (c) Violating or failing to comply with any of the terms or 
conditions of any permit authorizing the occupancy and use specified in 
paragraph (a) or (b) of this section is prohibited.
    (d) Entering, going, riding, or floating upon any portion or segment 
of the Chattooga River within the boundaries of the Chattahoochee 
National Forest in, on, or upon any floatable object or craft of every 
kind of description, unless authorized by a permit obtained through 
registration at Forest Service Registration Stations abutting the 
Chattooga River located at Highway 28, Low-Water Bridge, Earl's Ford, 
Sandy Ford, Highway 76, Woodall Shoals, or Overflow Bridge or unless 
authorized under special use permit.
    (e) Entering, going, riding, or floating within the scope of any 
commercial operation or business upon any portion or segment of the 
Chattooga River within the boundaries of the Chattahoochee National 
Forest in, on, or upon any floatable object or craft of every kind or 
description, unless authorized by special use permit.
    (f) Violating or failing to comply with any of the terms or 
conditions of any permit authorizing the occupancy and use specified in 
paragraph (d) or (e) of this section is prohibited.
[43 FR 3706, Jan. 27, 1978]



Sec. 261.78  Prohibitions applicable to Region 9, Eastern Region, as defined in Sec. 200.2.

    (a) Using 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 from Stronach Dam, 
for the purpose of entering, leaving, or going upon the river, in, on, 
or upon any floatable object of any kind or description during specific 
dates set forth annually and posted in such locations and manner as to 
reasonably bring the closure and dates to the attention of the public, 
is prohibited unless otherwise authorized by permit.
    (b) [Reserved]
[43 FR 42749, Sept. 21, 1978]



Sec. 261.79  Regulations applicable to Region 10, Alaska Region, as defined in Sec. 200.2.  [Reserved]



PART 262--LAW ENFORCEMENT SUPPORT ACTIVITIES--Table of Contents




                     Subpart A--Rewards and Payments

Sec.
262.1  Rewards in connection with fire or property prosecution.
262.2  Purchase of information in furtherance of investigations.
262.3  Purchase of evidence in furtherance of investigations.
262.4  Audit of expenditures.
262.5  Disposal of purchased property.

                  Subpart B--Impoundments and Removals

262.10  Impoundment and disposal of unauthorized livestock.
262.11  Impounding of dogs.
262.12  Impounding of personal property.
262.13  Removal of obstructions.

    Authority: 30 Stat. 35, as amended (16 U.S.C. 551); sec. 1, 33 Stat. 
628 (16 U.S.C. 472); 50 Stat. 526 as amended (7 U.S.C. 1011(f)); 58 
Stat. 736 (16 U.S.C. 559(a)).

[[Page 346]]



                     Subpart A--Rewards and Payments



Sec. 262.1  Rewards in connection with fire or property prosecutions.

    (a) Hereafter, provided Congress shall make the necessary 
appropriation or authorize the payment thereof, the Department of 
Agriculture will pay the following rewards:
    (1) Not exceeding $5,000 for information leading to the arrest and 
conviction of any person on the charge of willfully or maliciously 
setting on fire, or causing to be set on fire, any timber, underbrush, 
or grass upon the lands of the United States within the National Forest 
System or nearby.
    (2) Not exceeding $1,000 for information leading to the arrest and 
conviction of any person on the charge of having kindled or caused to be 
kindled a fire on lands of the United States within the National Forest 
System or nearby, and leaving said fire which escapes before the same 
has been totally extinguished;
    (3) Not exceeding $5,000 for information leading to the arrest and 
conviction of any person charged with destroying or stealing any 
property of the United States; and
    (4) Not exceeding $10,000 for information leading to the arrest and 
conviction of any person charged with damaging or stealing the Pacific 
yew tree, Taxus brevifolia, or any portion thereof, including but not 
limited to bark, twigs, needles and other foliage.
    (b) A reward may be paid to the person or persons giving the 
information leading to such arrest and conviction upon presentation to 
the Department of Agriculture of satisfactory evidence thereof, subject 
to the necessary appropriation as aforesaid, or otherwise as may be 
provided.
    (c) Officers and employees of the Department of Agriculture are 
barred from receiving such rewards.
    (d) The Department of Agriculture reserves the right to refuse 
payments of any claim for reward when, in its opinion, collusion or 
improper methods have been used to secure arrest and conviction. The 
Department also reserves the right to allow only one reward where 
several persons have been convicted of the same offense or where one 
person has been convicted of several offenses, unless the circumstances 
entitle the person to a reward on each conviction.
    (e) Applications for reward should be forwarded to the Regional 
Forester, Research Director, or Area Director who has responsibility for 
the land or property involved in the trespass. However, no application 
will be considered unless presented to a responsible Forest Service 
officer within three months from the date of conviction of an offender. 
In order that all claimants for rewards may have an opportunity to 
present their claims within the prescribed limit, the Department will 
not take action with respect to rewards for three months from the date 
of the conviction of an offender.
[42 FR 2961, Jan. 14, 1977, as amended at 46 FR 33521, June 30, 1981; 56 
FR 29182, June 26, 1991]



Sec. 262.2  Purchase of information in furtherance of investigations.

    (a) Approval of payments. Payments for purchase of information to 
further investigations of felonies and misdemeanors related to Forest 
Service administration are authorized for each transaction as follows:
    (1) Criminal investigators in the GS-1811 series and such other 
personnel as the Chief of the Forest Service or a Regional Forester may 
designate, may, without prior approval, pay up to but not exceeding $200 
for the purchase of information under this section.
    (2) For payments of amounts over $200 but not exceeding $500, 
advance approval of the Forest Supervisor is required.
    (3) For payments of amounts over $500 but not exceeding $2,500, 
advance approval of the Regional Forester is required.
    (4) For payments of amounts over $2,500, advance approval of the 
Chief of the Forest Service is required.
    (5) For purchase of information to further investigations within a 
Regional Office, Forest and Range Experiment Station, State and Private 
Forestry Area Office, or the National Office, payments in excess of $200 
must be approved in advance by the Chief of the Forest Service or by 
such other personnel as the Chief may designate.

[[Page 347]]

    (b) Limitations. Purchase of information under this section is 
restricted to furthering investigations of felony and misdemeanor 
violations. Payment for information to further investigations of petty 
offenses as classified in title 18 U.S.C., section 1, are not authorized 
under this section.
[48 FR 26604, June 9, 1983]



Sec. 262.3  Purchase of evidence in furtherance of investigations.

    (a) Approval of payments. Payments for purchase of evidence to 
further investigations of felonies and misdemeanors related to Forest 
Service administration are authorized for each transaction as follows:
    (1) Criminal investigators in the GS-1811 series and such other 
personnel as the Chief of the Forest Service or a Regional Forester may 
designate, may, without prior approval, pay up to but not exceeding $400 
for the purchase of evidence under this section.
    (2) For payments of amounts over $400 but not exceeding $1,000, 
advance approval of the Forest Supervisor is required.
    (3) For payments of amounts over $1,000 but not exceeding $5,000, 
advance approval of the Regional Forester is required.
    (4) For payments of amounts over $5,000, advance approval of the 
Chief of the Forest Service is required.
    (5) For purchase of evidence to further investigations within a 
Regional Office, Forest and Range Experiment Station, State and Private 
Forestry Area Office, or the National Office, payments in excess of $400 
must be approved in advance by the Chief of the Forest Service or by 
such other personnel as the Chief may designate.
    (b) Limitations. Purchase of evidence under this section is 
restricted to furthering investigations of felony and misdemeanor 
violations. Payment for evidence to further investigations of petty 
offenses as classified in title 18 U.S.C., section 1, are not authorized 
under this section.
[48 FR 26605, June 9, 1983; 48 FR 34262, July 28, 1983]



Sec. 262.4  Audit of expenditures.

    The Chief of the Forest Service shall, through appropriate 
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 to remain anonymous.
[48 FR 26605, June 9, 1983]



Sec. 262.5  Disposal of purchased property.

    All evidence purchased under the authority of 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 this subpart shall be disposed of in accordance with 
laws, regulation, rules, and Forest Service policy applicable to the 
disposal of evidence.
[48 FR 26605, June 9, 1983]



                  Subpart B--Impoundments and Removals



Sec. 262.10  Impoundment and disposal of unauthorized livestock.

    Unauthorized livestock 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 this regulation, may be 
impounded and disposed of by a forest officer as provided herein.
    (a) When a Forest officer determines that such livestock use is 
occurring, has definite knowledge of the kind of livestock, and knows 
the name and address of the owners, such livestock may be impounded any 
time five days after written notice of intent to impound such livestock 
is mailed by certified or registered mail or personally delivered to 
such owners.
    (b) When a Forest officer determines that such livestock use is 
occurring, but does not have complete knowledge of the kind of 
livestock, or if the name of the owner is unknown, such livestock may be 
impounded any time 15 days after the date a notice of intent to impound 
livestock is first published in a local newspaper and posted at the 
county courthouse and in one or more

[[Page 348]]

local post offices. The notice will identify the area in which it will 
be effective.
    (c) Unauthorized livestock or livestock in excess of those 
authorized by a grazing permit on National Forest System which are owned 
by persons given notice under paragraph (a) of this section, and any 
such livestock in areas for which a notice has been posted and published 
under paragraph (b) of this section, may be impounded without further 
notice any time within the 12-month period immediately following the 
effective date of the notice or notices given under paragraphs (a) and 
(b) of this section.
    (d) Following the impoundment of livestock, a notice of sale of 
impounded livestock will be published in a local newspaper and posted at 
the county courthouse and in one or more local post offices. The notice 
will describe the livestock and specify the date, time, and place of the 
sale. The date shall be at least five days after the publication and 
posting of such notice.
    (e) The owner may redeem the livestock any time before the date and 
time set for the sale by submitting proof of ownership and paying for 
all expenses incurred by the United States in gathering, impounding, and 
feeding or pasturing the livestock. However, when the impoundment costs 
exceed fair market value a minimum acceptable redemption price at fair 
market value may be established for each head of livestock.
    (f) If the livestock are not redeemed on or before the date and time 
fixed for their sale, they shall be sold at public sale to the highest 
bidder, providing this bid is at or above the minimum amount set by the 
Forest Service. If a bid at or above the minimum amount is not received, 
the livestock may be sold at private sale at or above the minimum 
amount, reoffered at public sale, condemned and destroyed, or otherwise 
disposed of. When livestock are sold pursuant to this regulation, the 
forest officer making the sale shall furnish the purchaser a bill or 
other written instrument evidencing the sale. Agreements may be made 
with State agencies whereby livestock of unknown ownership and livestock 
of known ownership, which are not redeemed by the owner, are released to 
the agency for disposal in accordance with State law, Provided, That 
remuneration of proceeds from the sale of said animals in excess of 
costs of impoundment and to arrange for disposal of livestock of known 
ownership will be refunded to the former owner.
[42 FR 2961, Jan. 14, 1977, as amended at 43 FR 36245, Aug. 16, 1978. 
Redesignated at 48 FR 26605, June 9, 1983]



Sec. 262.11  Impounding of dogs.

    Any dog found running at large in a part of 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, if known, of such impounding, and the owner will be given 
five days to redeem the dog. A dog may be redeemed by the owner 
submitting adequate evidence of ownership and paying all expenses 
incurred by the Forest Service in capturing and impounding it. If the 
owner fails to redeem the dog within five days after notice, or if the 
owner cannot be ascertained within 10 days from the date of impounding, 
the dog may be destroyed or otherwise disposed of at the discretion of 
the Forest officer having possession of it.
[42 FR 2961, Jan. 14, 1977. Redesignated at 48 FR 26605, June 9, 1983]



Sec. 262.12  Impounding of personal property.

    (a) Automobiles or other vehicles, trailers, 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 therefrom within the prescribed period after a warning notice as 
provided in this regulation may be impounded by a Forest officer. 
Whenever such Forest officer knows the name and address of the owner, 
such impoundment may be effected at any time five days after the date 
that written notice of the trespass is mailed by registered mail or 
delivered to such owner.
    (b) In the event the local Forest officer does not know the name and 
address of the owner, impoundment may be effected at any time 15 days 
after

[[Page 349]]

the date a notice of intention to impound the property in trespass is 
first published in a local newspaper and posted at the county courthouse 
and in one or more local post offices. A copy of this notice shall also 
be posted in at least one place on the property or in proximity thereto.
    (c) Personal property impounded under this regulation may be 
disposed of at the expiration of 90-days after the date of impoundment. 
The owner may redeem the personal property within the 90-day period by 
submitting proof of ownership and paying all expenses incurred by the 
United States in advertising, gathering, moving, impounding, storing, 
and otherwise caring for the property, and also for the value of the use 
of the site occupied during the period of the trespass.
    (d) If the personal property is not redeemed on or before the date 
fixed for its disposition, it shall be sold by the Forest Service at 
public sale to the highest bidder. If no bid is received, the property, 
or portions thereof, may, in the discretion of the responsible Forest 
officer, be sold at private sale or be condemned and destroyed or 
otherwise disposed of. When personal property is sold pursurant to this 
regulation, the Forest officer making the sale shall furnish the 
purchaser a bill of sale or other written instrument evidencing the 
sale.
    (e) The provisions of this section shall not apply to the 
impoundment or disposal of beached logs in Alaska if deemed abandoned 
under State law.
[42 FR 2961, Jan. 14, 1977, as amended at 46 FR 33521, June 30, 1981. 
Redesignated at 48 FR 26604, June 9, 1983]



Sec. 262.13  Removal of obstructions.

    A Forest officer may remove or cause to be 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 National Forest System.
[42 FR 2961, Jan. 14, 1977. Redesignated at 48 FR 26604, June 9, 1983]



PART 264--PROPERTY MANAGEMENT--Table of Contents




               Subpart A--Official Forest Service Insignia

Sec.
264.1  Definitions.
264.2  Use of insignia.
264.3  Licensing for commercial use.
264.4  Unauthorized use.
264.5  Power to revoke.

      Subpart B--Mount St. Helens National Volcanic Monument Symbol

264.10  Establishment.
264.11  Use of symbol.
264.12  Use without permission.
264.13  Unauthorized use.

    Authority: 5 U.S.C. 301.



               Subpart A--Official Forest Service Insignia

    Source: 49 FR 7367, Feb. 29, 1984, unless otherwise noted.



Sec. 264.1  Definitions.

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


or any likeness thereof, in total or in part, which is used in such a 
manner as to suggest the insignia.
    (b) The term Chief means the Chief of the Forest Service, U.S. 
Department of Agriculture, or a person designated to act for the Chief.



Sec. 264.2  Use of insignia.

    The Forest Service insignia is reserved for the official use of 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 may authorize the use of the 
insignia for non-commercial educational purposes,

[[Page 350]]

without charge when such use is essentially a public service and will 
contribute to public knowledge and understanding of the Forest Service, 
its mission, and objectives. An example of this would be the use of the 
insignia on a printed program for a dedication ceremony where the Forest 
Service participates but is not the sponsor of the event.
    (b) Commercial use. Through the issuance of licenses, the Chief may 
authorize commercial use of the insignia to (1) contribute to the public 
recognition of the Forest Service, such as a likeness of the insignia on 
a toy forest ranger's truck or (2) promote employee esprit de corps or 
pride in the organization, such as a likeness of the insignia on belt 
buckles. Such use must be consistent with the status of a national 
insignia. Business or calling cards commercially prepared for employees, 
at employee expense, may display the insignia without special license.



Sec. 264.3  Licensing for commercial use.

    (a) Each commercial license granted for the use of 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 the commercial value of the license must be 
established. This is to be paid by the licensee.
    (2) A definite expiration date shall be specified.
    (3) The license shall be nonexclusive.
    (4) Licensees are not authorized to grant sublicenses, or transfer 
or reassign licenses to another person or company, in connection with 
the manufacture and/or sale of an item, unless and except as approved in 
writing by the Chief.

The Chief may incorporate additional terms and requirements into any 
commercial license issued under this subpart.



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.



Sec. 264.5  Power to revoke.

    All authorities and licenses granted under this subpart shall be 
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. The Chief may also revoke any license 
or authorization when there is a failure to comply with the terms and 
conditions of the license or authorization.



      Subpart B--Mount St. Helens National Volcanic Monument Symbol

    Source: 49 FR 31413, Aug. 7, 1984, unless otherwise noted.



Sec. 264.10  Establishment.

    There is hereby established an official symbol, as depicted herein, 
to designate and represent the Mount St. Helens National Volcanic 
Mounment located in the Gifford Pinchot National Forest in the State of 
Washington.
[GRAPHIC] [TIFF OMITTED] TC21OC91.061



Sec. 264.11  Use of symbol.

    Except as provided in Sec. 264.12, use of the Mount St. 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 the Forest Service, U.S. Department 
of Agriculture.



Sec. 264.12  Use without permission.

    Business or calling cards commercially prepared at employee expense 
for employees assigned to the Volcanic Monument may depict the official 
Monument symbol without special permission from Forest Service 
officials.

[[Page 351]]



Sec. 264.13  Unauthorized use.

    Except as provided in Secs. 264.11 and 264.12, whoever manufactures, 
sells, or possesses the official symbol of the Mount St. Helens National 
Volcanic Monument may be subject to criminal penalty under 18 U.S.C. 
701.



PART 271--USE OF ``SMOKEY BEAR'' SYMBOL--Table of Contents




Sec.
271.1  Definitions.
271.2  Use of official campaign materials.
271.3  Public service use.
271.4  Commercial license.
271.5  [Reserved]
271.6  Review of licenses.
271.7  Power to revoke.
271.8  Consultation with Association of State Foresters and the 
          Advertising Council.

    Authority: 66 Stat. 92 (18 U.S.C. 711).

    Source: 27 FR 6928, July 21, 1962, unless otherwise noted.



Sec. 271.1  Definitions.

    (a) The term Smokey Bear as used in the regulations in this part 
means the character Smokey Bear originated by the Forest Service 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 name Smokey Bear, or any name or designation 
sufficiently similar as to suggest the character Smokey Bear.
    (b) The term Chief means the Chief of the Forest Service, United 
States Department of Agriculture, or person designated to act for him.
    (c) The term Association of State Foresters means the national 
organization of State Foresters.
    (d) The term The Advertising Council is the Advertising Council, 
Inc., organized under the laws of the State of New York.



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.



Sec. 271.3  Public service use.

    The Chief may authorize the use of Smokey Bear for non-commercial 
educational purposes, without charge, when such use is essentially as a 
public service, and will, in his judgment, contribute to public 
information and education concerning the prevention of forest fires.



Sec. 271.4  Commercial license.

    (a) The Chief may authorize the commercial manufacture, importation, 
reproduction, or use of Smokey Bear upon the 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 the prevention of forest fires.
    (2) That the proposed use is consistent with the status of Smokey 
Bear as the symbol of forest fire prevention and does not in any way 
detract from such status.
    (3) That a use or royalty charge which is reasonably related to the 
commercial enterprise has been established.
    (b) Such other conditions shall be included as the Chief deems 
necessary in particular cases.



Sec. 271.5  [Reserved]



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.



Sec. 271.7  Power to revoke.

    It is the intention of the regulations in this part that the Chief, 
in exercising the authorities delegated hereunder, will 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 in this part shall be subject to abrogation by the Chief 
at any time he finds that the use involved is injurious to the purpose 
of forest fire prevention, is offensive to decency or good taste, or for 
similar

[[Page 352]]

reasons in addition to any other limitations and terms contained in the 
licenses.



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.



PART 272--USE OF ``WOODSY OWL'' SYMBOL--Table of Contents




Sec.
272.1  Definitions.
272.2  Use of official campaign materials.
272.3  Public service use.
272.4  Commercial use.
272.5  [Reserved]
272.6  Power to revoke.

    Authority: 7 U.S.C. 2201 and 16 U.S.C. 528-531.



Sec. 272.1  Definitions.

    (a) The term Woodsy Owl means the name and representation of a 
fanciful owl, who wears slacks (forest green when colored), a 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 Pollute, originated by the Forest Service of the 
United States Department of Agriculture, or a facsimile or simulation 
thereof, in such a manner as suggests Woodsy Owl.
    (b) The term Chief means the Chief of the Forest Service, U.S. 
Department of Agriculture, or person designated to act for him.
[36 FR 23220, Dec. 7, 1971, as amended at 40 FR 12641, Mar. 20, 1975]



Sec. 272.2  Use of official campaign materials.

    Official materials produced for the Woodsy Owl campaign may be used 
without express approval from the 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 and 
improvement of environmental quality.
[40 FR 12641, Mar. 20, 1975]



Sec. 272.3  Public service use.

    The Chief of the Forest Service may authorize the use of Woodsy Owl 
for noncommercial educational purposes, without charge, 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 
and programs which foster maintenance and improvement of environmental 
quality.
[40 FR 12641, Mar. 20, 1975]



Sec. 272.4  Commercial use.

    (a) General. The Chief may authorize the Commercial manufacture, 
importation, reproduction, or use of Woodsy Owl upon 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 foster 
maintenance and improvement of environmental quality.
    (2) That the proposed use is consistent with the status of Woodsy 
Owl as a national symbol for a public service campaign to promote wise 
use of the environment and programs which foster maintenance and 
improvement of environmental quality.
    (3) That a use charge, royalty charge, or payment in kind which is 
reasonably related to the commercial value has been established.
    (4) That the applicant is well qualified to further the goals and 
purposes of the Woodsy Owl campaign.
    (5) That, when an exclusive license is requested, no other qualified 
applicant can be found who will provide comparable campaign support 
under a nonexclusive license.
    (6) That such other conditions as the Chief may deem necessary in 
each case have been established.
    (b) Requirements for exclusive licenses. Exclusive licenses when 
granted, shall conform to the following:
    (1) A definite expiration date shall be specified based on the 
minimum time determined by the Chief to be needed by the licensee to 
introduce or popularize the item licensed and to recover the costs and 
expenses incurred in so doing.

[[Page 353]]

    (2) The Chief shall retain the independent right to use Woodsy Owl 
in any concurrent, noncommercial program, and to allow for the 
manufacture and sale of Woodsy Owl merchandise which, in his judgment, 
would not be in conflict with the licensed item.
    (3) The licensee shall be required to have the licensed item 
available for sale, and promotion within a specified period, or show 
cause why this could not be done.
    (4) The licensee shall be required to invest a specified minimum 
amount of money in the development, production, and promotion of the 
licensed item, as determined by the Chief to be necessary to insure that 
the licensee's use of Woodsy Owl will result in a substantial 
contribution to public information concerning pollution abatement and 
environmental enhancement.
    (5) The Chief shall retain the right to revoke any license for 
failure of the licensee to comply with all the terms and conditions of 
the license.
    (6) The licensee shall be required to submit periodic progress 
reports to apprise the Forest Service of his activities and progress in 
achieving stated objectives.
    (7) The license shall not be subject to transfer or assignment, 
except as approved in writing by the Chief.
    (8) The licensee shall not be authorized to grant sublicenses in 
connection with the manufacture and sale of the item, except as approved 
in writing by the Chief.
[37 FR 5700, Mar. 18, 1972, as amended at 40 FR 12641, Mar. 20, 1975]



Sec. 272.5  [Reserved]



Sec. 272.6  Power to revoke.

    It is the intention of these regulations that the Chief, in 
exercising the authorities delegated hereunder, will at all 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 of environmental quality. All authorities 
and licenses granted under these regulations shall be subject to 
abrogation by the Chief at any time he finds that the use involved is 
injurious to the purpose of the Woodsy Owl campaign, is offensive to 
decency or good taste, or for similar reasons, in addition to any other 
limitations and terms contained in the licenses and other authorities.
[40 FR 12641, Mar. 20, 1975]



PART 290--CAVE RESOURCES MANAGEMENT--Table of Contents




Sec.
290.1  Purpose and scope.
290.2  Definitions.
290.3  Nomination, evaluation, and designation of significant caves.
290.4  Confidentiality of cave location information.
290.5  Collection of information.

    Authority: 16 U.S.C. 4301-4309; 102 Stat. 4546.

    Source: 59 FR 31152, June 17, 1994, unless otherwise noted.



Sec. 290.1  Purpose and scope.

    The rules of this part implement the requirements of the Federal 
Cave Resources Protection Act (16 U.S.C. 4301-4309), hereafter referred 
to as the ``Act''. The rules apply to cave management on National Forest 
System lands. These rules, in conjunction with rules in part 261 of this 
chapter, provide the basis for identifying and managing significant 
caves on National Forest System lands in accordance with the Act. 
National Forest System lands will be managed in a manner which, to the 
extent practical, protects and maintains significant cave resources in 
accordance with the policies outlined in the Forest Service Directive 
System and the management direction contained in the individual forest 
plans.



Sec. 290.2  Definitions.

    For the purposes of this part, the terms listed in this section have 
the following meaning:
    Authorized officer means the Forest Service employee delegated the 
authority to perform the duties described in this part.
    Cave means any naturally occurring void, cavity, recess, or system 
of interconnected passages beneath the surface of the earth or within a 
cliff or ledge and which is large enough to permit a person to enter, 
whether the entrance is excavated or naturally formed. Such

[[Page 354]]

term shall include any natural pit, sinkhole, or other opening which is 
an extension of a cave entrance or which is an integral part of the 
cave.
    Cave resources mean any materials or substances occurring in caves 
including, but not limited to, biotic, cultural, mineralogic, 
paleontologic, geologic, and hydrologic resources.
    National Forest System lands means all national forest lands 
reserved or withdrawn from the public domain, acquired through purchase, 
exchange, or donation, national grasslands and land utilization 
projects, and other lands, waters, or interests administered by the 
Forest Service.
    Secretary means the Secretary of Agriculture.
    Significant cave means a cave located on National Forest System 
lands that has been determined to meet the criteria in Sec. 290.3 (c) or 
(d) and has been designated in accordance with Sec. 290.3(e).



Sec. 290.3  Nomination, evaluation, and designation of significant caves.

    (a) Nominations for initial and subsequent listings. The authorized 
officer will give governmental agencies and the public, including those 
who utilize caves for scientific, educational, or recreational purposes, 
the opportunity to nominate caves. The authorized officer shall give 
public notice, including a notice published in the Federal Register, 
calling for nominations for the initial listing and setting forth the 
procedures for preparing and submitting the nominations. Nominations for 
subsequent listings will be accepted from governmental agencies and the 
public by the Forest Supervisor where the cave is located as new cave 
discoveries are made. Caves nominated but not approved for designation 
may be renominated as additional documentation or new information 
becomes available.
    (b) Evaluation for initial and subsequent listings. The evaluation 
of the nominations for significant caves will be carried out in 
consultation with individuals and organizations interested in the 
management and use of caves and cave resources, within the limits 
imposed by the confidentiality provisions of Sec. 290.4. Nominations 
shall be evaluated using the criteria in Sec. 290.3 (c) and (d).
    (c) Criteria for significant caves. A significant cave on National 
Forest System lands shall possess one or more of the following features, 
characteristics, or values.
    (1) Biota. The cave provides seasonal or yearlong habitat for 
organisms or animals, or contains species or subspecies of flora or 
fauna native to caves, or are sensitive to disturbance, or are found on 
State or Federal sensitive, threatened, or endangered species lists.
    (2) Cultural. The cave contains historic properties or archeological 
resources (as defined in Parts 800.2 and 296.3 of this chapter 
respectively, or in 16 U.S.C. 470, et seq.), or other features included 
in or eligible for inclusion on the National Register of Historic Places 
because of their research importance for history or prehistory, 
historical associations, or other historical or traditional 
significance.
    (3) Geologic/Mineralogic/Paleontologic. The cave possesses one or 
more of the following features:
    (i) Geologic or mineralogic features that are fragile, represent 
formation processes that are of scientific interest, or that are 
otherwise useful for study.
    (ii) Deposits of sediments or features useful for evaluating past 
events.
    (iii) Paleontologic resources with potential to contribute useful 
educational or scientific information.
    (4) Hydrologic. The cave is a part of a hydrologic system or 
contains water which is important to humans, biota, or development of 
cave resources.
    (5) Recreational. The cave provides or could provide recreational 
opportunities or scenic values.
    (6) Educational or scientific. The cave offers opportunities for 
educational or scientific use; or, the cave is virtually in a pristine 
state, lacking evidence of contemporary human disturbance or impact; or, 
the length, volume, total depth, pit depth, height, or similar 
measurements are notable.
    (d) Specially designated areas. All caves located within special 
management areas, such as Special Geologic Areas, Research Natural 
Areas, or National Monuments, that are designated wholly or in part due 
to the cave resources found therein are determined to be significant.

[[Page 355]]

    (e) Designation and documentation. If the authorized officer 
determines that a cave nominated and evaluated under paragraphs (a) and 
(b) of this section meets one or more of the criteria in paragraph (c) 
of this section, the authorized officer shall designate the cave as 
significant. The authorized officer will notify the nominating party of 
the results of the evaluation and designation. Each forest will retain 
appropriate documentation for all significant caves located within its 
administrative boundaries. At a minimum, this documentation shall 
include a statement of finding signed and dated by the authorized 
officer and the information used to make the determination. This 
documentation will be retained as a permanent record in accordance with 
the confidentiality provision in Sec. 290.4.
    (f) Undiscovered passages. If a cave is determined to be 
significant, its entire extent on federal land, including passages not 
mapped or discovered at the time of the determination, is deemed 
significant. This includes caves that extend from lands managed by any 
other Federal agency into National Forest System lands, as well as caves 
initially believed to be separate for which interconnecting passages are 
discovered after significance is determined.
    (g) Decision final. The decision to designate or not designate a 
cave as significant is made at the sole discretion of the authorized 
officer based upon the criteria in paragraphs (c) and (d) of this 
section and is not subject to further administrative review of appeal 
under Parts 217 or 251.82 of this chapter.



Sec. 290.4  Confidentiality of cave location information.

    (a) Information disclosure. No Forest Service employee shall 
disclose any information that could 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 purposes 
of the Act and will not create a substantial risk of harm, theft, or 
destruction to cave resources.
    (b) Requesting confidential information. Notwithstanding paragraph 
(a) of this section, the authorized officer may make confidential cave 
information available to Federal or State governmental agencies, bona 
fide educational or research institutes, or individuals or organizations 
assisting the land management agencies with cave management activities. 
To request confidential cave information, such entities shall make a 
written request to the authorized officer which includes the following:
    (1) Name, address, and telephone number of the individual 
responsible for the security of the information received;
    (2) A legal description of the area for which the information is 
sought;
    (3) A statement of the purpose for which the information is sought; 
and,
    (4) Written assurances that the requesting party will maintain the 
confidentiality of the information and protect the cave and its 
resources.
    (c) Decision final. The decision to permit or deny access to 
confidential cave information is made at the sole discretion of the 
authorized officer and is not subject to further administrative review 
or appeal under 5 U.S.C. 552 or parts 217 or 251.82 of this chapter.



Sec. 290.5  Collection of information.

    The collection of information contained in this rule represents new 
information requirements as defined in 5 CFR 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 has received approval by the Office of Management and Budget to 
collect cave nomination information under clearance number 0596-0123 and 
confidential information under 0596-0122. The information provided for 
the cave nominations will be used to determine which caves will be 
listed as ``significant'' and the information in the requests to obtain 
confidential cave information will be used to decide whether to grant 
access to this information. Response to the call for cave nominations is 
voluntary. No action may be taken against a person for refusing to 
supply the information requested. Response to the information 
requirements for obtaining confidential cave information is required to 
obtain a benefit in accordance with section 5 of the Federal

[[Page 356]]

Cave Resources Protection Act of 1988 (16 U.S.C. 4304).



PART 291--OCCUPANCY AND USE OF DEVELOPED SITES AND AREAS OF CONCENTRATED PUBLIC USE--Table of Contents




Sec.
291.1  Definitions.
291.2  Admission fees and recreation use fees.
291.3  Reservation fees.

    Authority. 16 U.S.C. 460l-6a.



Sec. 291.1  Definitions.

    For the purposes of this part the following term shall mean:
    Area of 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 to accommodate heavy 
public use are provided, and provides public access to the area in such 
a manner that admission fees can be efficiently collected at one or more 
centralized locations.
[61 FR 1716, Jan. 23, 1996]



Sec. 291.2  Admission fees and recreation use fees.

    (a) Fees shall be charged for admission to Congressionally 
designated National Recreation Areas, National Monuments, National 
Volcanic Monuments, and National Scenic Areas administered by the 
Secretary of Agriculture and no more than 21 areas of concentrated 
public use designated by the Chief of the Forest Service as provided by 
section 4(a) of the Land and Water Conservation Fund Act of 1965, as 
amended.
    (b) Recreation use fees will be charged for the use of sites, 
facilities, equipment or services furnished at Federal expense as 
provided by section 4(b) of the Land and Water Conservation Fund Act of 
1965, as amended. Such fees shall be established by the Chief, Forest 
Service, or his delegate.
    (c) Clear notice that an admission or entrance fee or recreation use 
fee has been established shall be prominently posted at each area and at 
appropriate locations therein and shall be included in publications 
distributed at such areas.
[39 FR 30037, Aug. 20, 1974, as amended at 42 FR 35959, July 13, 1977; 
Redesignated and amended at 61 FR 1716, Jan. 23, 1996]



Sec. 291.3  Reservation fees.

    (a) The Forest Service may charge fees to recover expenses incurred 
in providing 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 the management purposes of an area of 
the National Forest System. The Chief of the Forest Service or his 
delegate shall establish the amount of such fees.
    (b) Forest Service officials shall prominently post clear notice 
that a reservation fee has been established at each area, site or 
Wilderness Area and at appropriate locations therein. Publications 
distributed at such areas, sites, and Wilderness Areas shall also 
include such notice.
[51 FR 26827, July 25, 1986. Redesignated at 61 FR 1716, Jan. 23, 1996]



PART 292--NATIONAL RECREATION AREAS--Table of Contents




                           Subpart A--General

Sec.
292.1--292.10  [Reserved]

     Subpart B--Whiskeytown-Shasta-Trinity National Recreation Area

292.11  Introduction.
292.12  General provisions; procedures.
292.13  Standards.

       Subpart C--Sawtooth National Recreation Area--Private Lands

292.14  Introduction.
292.15  General provisions--procedures.
292.16  Standards.

       Subpart D--Sawtooth National Recreation Area--Federal Lands

292.17  General provisions.
292.18  Mineral resources.

     Subpart E--Hells Canyon National Recreation Area--Private Lands

292.20  Purpose and scope.
292.21  Definitions.

[[Page 357]]

292.22  Land category assignments.
292.23  Standards of compatible land use and development.
292.24  Determination of compliance and noncompliance.
292.25  Information requirements.

     Subpart F--Hells Canyon National Recreation Area--Federal Lands

Sec.
292.40  Purpose and scope.
292.41  Definitions.
292.42  Management standards and guidelines.
292.43  Protection and preservation of cultural and paleontological 
          resources.
292.44  Use of motorized and mechanical equipment.
292.45  Use of motorized and non-motorized rivercraft.
292.46  Timber harvesting activities.
292.47  Mining activities.
292.48  Grazing activities.

             Subpart G--Smith River National Recreation Area

292.60  Purpose and scope.
292.61  Definitions.
292.62  Valid existing rights.

                           Locatable Minerals

292.63  Plan of operations--supplementary requirements.
292.64  Plan of operations--approval.
292.65  Plan of operations--suspension.

                       Outstanding Mineral Rights

292.66  Operating plan requirements--outstanding mineral rights.
292.67  Operating plan approval--outstanding mineral rights.

                            Mineral Materials

292.68  Mineral material operations.

                            Other Provisions

292.69  Concurrent reclamation.
292.70  Indemnification.



                           Subpart A--General



Secs. 292.1--292.10  [Reserved]



     Subpart B--Whiskeytown-Shasta-Trinity National Recreation Area

    Authority: Sec. 1, 30 Stat. 35, as amended, 62 Stat. 100, Sec. 1, 33 
Stat. 628; 16 U.S.C. 551, 472.

    Source: 38 FR 5853, Mar. 5, 1973, unless otherwise noted.



Sec. 292.11  Introduction.

    (a) Administration of the Shasta and Clair Engle-Lewiston Units will 
be coordinated with the other purposes of the Central Valley Project of 
the Bureau of Reclamation and of the recreation area as a whole so as to 
provide for: (1) Public outdoor recreation benefits; (2) conservation of 
scenic, scientific, historic, and other values contributing to public 
enjoyment; and (3) the management, utilization, and disposal of 
renewable natural resources which in the judgment of the Secretary of 
Agriculture will promote or is compatible with, and does not 
significantly impair, public recreation and conservation of scenic, 
scientific, historic, or other values contributing to public enjoyment.
    (b) The Secretary may not acquire without consent of the owner any 
privately owned ``improved property'' or interests therein within the 
boundaries of these units, so long as the appropriate local zoning 
agency shall have in force and applicable to such property a duly 
adopted, valid, zoning ordinance that is approved by the Secretary. This 
suspension of the Secretary's authority to acquire ``improved property'' 
without the owner's consent would automatically cease: (1) If the 
property is made the subject of a variance or exception to any 
applicable zoning ordinance that does not conform to the applicable 
standards contained in Secs. 292.11 to 292.13; or (2) if such property 
is put to any use which does not conform to any applicable zoning 
ordinance approved by the Secretary.
    (c) Improved property as used in Secs. 292.11 to 292.13, means any 
building or group of related buildings, the actual construction of which 
was begun before February 7, 1963, together with not more than three 
acres of land in the same ownership on which the building or group of 
buildings is situated, but the Secretary may exclude from such 
``improved property'' any shore or waters, together with so much of the 
land adjoining such shore or waters, as he deems necessary for public 
access thereto.
    (d) Sections 292.11 to 292.13 specify the standards with which local 
zoning ordinances for the Shasta and Clair Engle-Lewiston Units must 
conform if

[[Page 358]]

the ``improved property'' or unimproved property proposed for 
development as authorized by the Act within the boundaries of the units 
is to be exempt from acquisition by condemnation. The objectives of 
Secs. 292.11 to 292.13 are to:
    (1) Prohibit new commercial or industrial uses other than those 
which the Secretary considers to be consistent with the purposes of the 
act establishing the national recreation area; (2) promote the 
protection and development of properties in keeping with the purposes of 
that Act by means of use, acreage, setback, density, height or other 
requirements; and (3) provide that the Secretary receive notice of any 
variance granted under, or any exception made to, the application of the 
zoning ordinance approved by him.
    (e) Following promulgation of Secs. 292.11 to 292.13 of final form, 
the Secretary is required to approve any zoning ordinance or any 
amendment to an approved zoning ordinance submitted to him which 
conforms to the standards contained in the regulations in effect at the 
time of adoption of the ordinance or amendment.
    (f) Any owner of unimproved property who proposes to develop his 
property for service to the public may submit to the Secretary a 
development plan setting forth the manner in which and the time by which 
the property is to be developed and the use to which it is proposed to 
be put. If the Secretary determines that the development and the use of 
the property conforms to approved zoning ordinances, and serves the 
purposes of the National Recreation Area and that the property is not 
needed for easements and rights-of-way for access, utilities, or 
facilities, or for administration sites, campgrounds, or other areas 
needed for use by the United States for visitors, he may in his 
discretion issue to such owner a certification that so long as the 
property is developed, maintained, and used in conformity with approved 
zoning ordinances the Secretary's authority to acquire the property 
without the owner's consent is suspended.



Sec. 292.12  General provisions; procedures.

    (a) Approval of zoning ordinance 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 county 
of origin to the Secretary for written approval relative to their 
conformance with the applicable standards of Secs. 292.11 to 292.13. 
Within 60 days following submission, the county will be notified of the 
Secretary's approval or disapproval of the zoning ordinances or 
amendments thereto. If more than 60 days are required, the county will 
be notified of the expected delay and of the additional time deemed 
necessary to reach a decision. The Secretary's approval shall remain 
effective so long as the zoning ordinances or amendments thereto remain 
in effect as approved.
    (2) Development plans pertaining to unimproved property within the 
Shasta and Clair Engle-Lewiston Units may be submitted by the owner to 
the Secretary for determination as to whether they conform with approved 
zoning ordinances and whether the planned use and development would 
serve the Act. Within 30 days following submission of such plans the 
Secretary will approve or disapprove the plans or, if more than 30 days 
are required, will notify the applicant of the expected delay and of the 
additional time deemed necessary.
    (b) Amendment of ordinances. Amendments of approved ordinances may 
be furnished in advance of their adoption to the Secretary for written 
decision as to their conformance with applicable standards of 
Secs. 292.11 to 292.13.
    (c) Variances or exceptions to application of ordinances. (1) The 
Secretary shall be given written notice of any variance granted under, 
or any exception made to, the application of a zoning ordinance or 
amendment thereto approved by him.
    (2) The County, or private owners of improved property, may submit 
to the Secretary proposed variances or exceptions to the application of 
an approved zoning ordinance or amendment thereto for written advice as 
to whether the intended use will make the property

[[Page 359]]

subject to acquisition without the owner's consent. Within 30 days 
following his receipt of such a request, the Secretary will advise the 
interested party or parties as to his determination. If more than 30 
days are required by the Secretary for such determination, he shall so 
notify the interested party or parties stating the additional time 
required and the reasons therefore.
    (d) Certification of property. Where improvements and land use of 
improved property conform with approved ordinances, or with approved 
variances from such ordinances, certification that the Secretary's 
authority to acquire the property without the owner's consent is 
suspended may be obtained by any party in interest upon request to the 
Secretary. Where the development and use of unimproved property for 
service to the public is approved by the Secretary, certification that 
the authority to acquire the property without the owner's consent is 
suspended may be issued to the owner.
    (e) Effect of noncompliance. Suspension of the Secretary's authority 
to acquire any improved property without the owner's consent will 
automatically cease if: (1) Such property is made the subject of 
variance or exception to any applicable zoning ordinance that does not 
conform to the applicable standard in the Secretary's regulation, (2) 
such property is put to a use which does not conform to any applicable 
zoning ordinance, or, as to property approved by the Secretary for 
development, a use which does not conform to the approved development 
plan or (3) the local zoning agency does not have in force a duly 
adopted, valid zoning ordinance that is approved by the Secretary in 
accordance with the standards of Secs. 292.11 to 292.13.
    (f) Nonconforming commercial or industrial uses. Any existing 
commercial or industrial uses not in conformance with approved zoning 
ordinances shall be discontinued within 10 years from the date such 
ordinances are approved: Provided, however, That with the approval of 
the Secretary such 10-year period may be extended by the county for a 
prescribed period sufficient to allow the owner reasonable additional 
time to amortize investments made in the property before November 8, 
1965.



Sec. 292.13  Standards.

    (a) The standards set forth in Secs. 292.11-292.13 shall 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 FR 9469), and to a strip of land outside the National 
Recreation Area on either side of Federal Aid Secondary Highway Numbered 
1089, as more fully described in 2(a) of the act establishing the 
recreation area (79 Stat. 1296).
    (b) New industrial or commercial uses. New industrial or commercial 
uses will be prohibited in any location except under the following 
conditions:
    (1) The industrial use is such that its operation, physical 
structures, or waste byproducts would not have significant adverse 
impacts on surrounding or nearby outdoor recreation, scenic and esthetic 
values. Industrial uses having an adverse impact include, but are not 
limited to, cement production, gravel extraction operations involving 
more than one-fourth acre of surface, smelters, sand, gravel and 
aggregate processing plants, fabricating plants, pulpmills, and 
commercial livestock feeder yards.
    (2)(i) The commercial use is for purposes of providing food, 
lodging, automotive or marine maintenance facilities and services to 
accommodate recreationists and the intended land occupancy and physical 
structures are such that they can be harmonized with adjacent land 
development and surrounding appearances in accordance with approved 
plans and schedules.
    (ii) This standard provides for privately owned and operated 
businesses whose purposes and physical structures are in keeping with 
objectives for use and maintenance of the area's outdoor recreation 
resources. It precludes establishment of drive-in theaters, zoos, and 
similar nonconforming types of commercial entertainment.
    (c) Protection of roadsides. Provisions to protect natural scenic 
qualities and maintain screening along public travel routes will 
include:
    (1) Prohibition of new structural improvements or visible utility 
lines within a strip of land extending back not less than 150 feet from 
both sides of the centerline of any public road or

[[Page 360]]

roadway except roads within subdivisions or commercial areas. In 
addition to buildings, this prohibition pertains to above-ground power 
and telephone lines, borrow pits, gravel, or earth extraction areas, and 
quarries.
    (2) Retention of trees and shrubs in the above-prescribed roadside 
strips to the full extent that is compatible with needs for public 
safety and road maintenance. Wholesale clearing by chemical or other 
means for fire control and other purposes will not be practiced under 
this standard.
    (d) Protection of shorelines. Provisions to protect scenic qualities 
and reduce potentials for pollution of public reservoirs will include: 
Prohibition of structures within 300 feet horizontal distance from 
highwater lines of reservoirs other than structures the purpose of which 
is to service and accommodate boating or to facilitate picnicking and 
swimming: Provided, That exceptions to this standard may be made upon 
showing satisfactory to the Secretary that proposed structures will not 
conflict with scenic and antipollution considerations.
    (e) Property development. Location and development of structures 
will conform with the following minimum standards:
    (1) Commercial development. (i) Stores, restaurants, garages, 
service stations, and comparable business enterprises will be situated 
in centers zoned for this purpose unless they are operated as part of a 
resort or hotel. Commercial centers will be of sufficient size that 
expansion of facilities or service areas is not dependent upon use of 
public land.
    (ii) Sites outside designated commercial centers will be used for 
resort development contingent upon case by case concurrence of the 
responsible county officials and the Secretary that such use is, in all 
aspects, compatible with the purposes for establishing the recreation 
area.
    (iii) Structures for commercial purposes, inclusive of isolated 
resorts or motels, will not exceed two stories height at front 
elevation, and will be conventional architecture and will utilize 
colors, nonglare roofing materials, and spacing or layout that 
harmonizes with forested settings. Except for signs, structures designed 
primarily for purposes of calling attention to products or service will 
not be permitted.
    (2) Residential development. (i) Locations approved for residential 
development will be buffered by distance, topography, or forest cover 
from existing or planned public use areas such as trailer parks, 
campgrounds, or organization sites. Separation will be sufficient to 
avoid conflicts resulting from intervisibility, noise, and proximity 
that is conducive to private property trespass.
    (ii) Requirements for approval of residential areas will include: 
(a) Construction of access when main access would otherwise be limited 
to a road constructed by the United States primarily to service publicly 
owned recreation developments; (b) limitation of residences to single-
family units situated at a density not exceeding two per acre, but any 
lot of less than a half-acre may be used for residential purposes if, on 
or before promulgation of Secs. 292.11-292.13, such lot was in separate 
ownership or was delineated in a county-approved plat that constitutes 
part of a duly recorded subdivision; (c) use of set-backs, limitations 
to natural terrain, neutral exterior colors, nonglare roofing materials, 
and limitations of building heights fully adequate to harmonize housing 
development with the objective of the National Recreation Area as set 
forth in the act.
    (3) Signs and signing. Only those signs may be permitted which: (i) 
Do not exceed 1 square foot in area for any residential use; (ii) do not 
exceed 40 square feet in area, 8 feet in length, and 15 feet maximum 
height from ground for any other use, including advertisement of the 
sale or rental of property; and (iii) which are not illuminated by any 
neon or flashing device. Commercial signs may be placed only on the 
property on which the advertised use occurs, or on the property which is 
advertised for sale or rental. Signs shall be subdued in appearance, 
harmonizing in design and color with the surroundings and shall not be 
attached to any tree or shrub. Nonconforming signs may continue for a 
period not to exceed 2 years from the date a zoning ordinance containing 
these limitations is adopted.

[[Page 361]]



       Subpart C--Sawtooth National Recreation Area--Private Lands

    Authority: Sec. 4(a), Act of Aug. 22, 1972 (86 Stat. 613).



Sec. 292.14  Introduction.

    (a) Purpose. In accordance with the provisions of the Act 
establishing the Sawtooth National Recreation Area (86 Stat. 612), the 
regulations of this subpart establish standards for the use, subdivision 
and development of privately owned property within the boundaries of the 
Sawtooth National Recreation Area. The standards are 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 recreational values of the Recreation Area. Unless, 
in the judgment of the Secretary, such property is being used, or is in 
imminent danger of being used, in a manner incompatible with such 
standards, the property or any interest therein may not be acquired by 
condemnation. However, private land or an interest therein, determined 
to be necessary for access to and utilization of public property, and 
for recreation and other facilities, may be condemned without regard to 
this restriction, subject however, to the limitation in Sec. 292.15(j).
    (b) Amendment of regulations. Amendments to these regulations shall 
be made in accordance with the Administrative Procedures Act (60 Stat. 
238, 5 U.S.C. 553), including the publishing of the amendments as a 
notice of proposed rulemaking with final adoption after interested 
persons have been given an opportunity to participate in the rulemaking 
through submission of comments.
    (c) Definitions--(1) Cluster-type development. Planned unit 
development which allows flexibility in neighborhood and subdivision lot 
design by dedicating or reserving the land so saved to open space.
    (2) Community development plan. A narrative plan with maps which 
sets forth specific standards for desirable development of a community.
    (3) Designated community. A populated area divided into lots, blocks 
and streets as platted and recorded in the official records of the 
county, containing residences and commercial establishments providing 
goods and services and retaining the atmosphere of a western frontier 
ranch-type town and so classified in Sec. 292.15(a).
    (4) Dude ranching. Development oriented to furnish an outdoor 
recreational or educational experience related to ranching. Facility 
development is compatible with the pastoral environment, rustic in 
nature and harmoniously colored.
    (5) Mineral operations. All functions, work and activities in 
connection with exploration, development, mining or processing of 
mineral resources except prospecting which will not cause significant 
surface distrubance and will not involve removal of more than a 
reasonable amount of mineral deposit for analysis and study.
    (6) Private property. Lands or interests in lands not owned by 
Federal, State, or local governments but not including unpatented mining 
claims.
    (7) Ranch-type character. A low profile, rambling, well-
proportioned, rustic appearing, rough-sawn wood or wood and stone 
structure or group of structures harmoniously situated within a natural 
environment.
    (8) Residential outbuilding. Nonhabitable building detached from the 
residence, such as a garage, woodshed or storage building.
    (9) Secretary. Secretary of Agriculture.
    (10) Area Ranger. The Forest Officer having administrative authority 
for the Sawtooth National Recreation Area.
[39 FR 11544, Mar. 29, 1974]



Sec. 292.15  General provisions--procedures.

    (a) Classification of private property. For the purpose of 
establishing specific standards applicable to the several parcels of 
private land within the boundaries, such properties are classified and 
assigned to land use categories as shown on the Land Use Category Map, 
dated December 15, 1973, as amended July 16, 1976, on file and available 
for public inspection in the office of the Area Ranger, Sawtooth 
National Recreation Area, Ketchum, Idaho. The classification of private 
properties is

[[Page 362]]

based on evaluation of scenic, natural, historic, pastoral, wildlife, 
and other values.
    (b) Land use categories. Land use categories shown on the map 
referred to in paragraph (a) of this section are:
    (1) Designated community. All properties inside a designated 
community.
    (2) Residential. Areas for residential development outside 
designated communities.
    (3) Commercial. Areas for commercial development outside designated 
communities.
    (4) Agriculture. All properties outside designated communities not 
placed in a residential or commercial land use category.
    (5) Mineral. Any areas in the land use in paragraphs (b) (1) through 
(4) of this section, used for mineral operations.
    (c) Changes in classification. The Secretary may make changes in the 
classification of private lands set forth in paragraph (a) of this 
section by incorporating such changes in an amendment of these 
regulations.
    (d) Certification of compliance with standards--(1) Present use. Any 
owner of property may request in writing the Area Ranger to examine the 
present use of the property and issue a certification that such present 
use conforms to the applicable standards established in Sec. 292.16 for 
the land use category in which the property is placed. If after 
examination the Area Ranger determines that the present use of the 
property does so conform, he will issue a certification to this effect.
    (2) Planned development or change in use. Any owner of property who 
proposes to change the use or develop his property for other than 
agricultural use may submit to the Area Ranger a use or development plan 
setting forth the manner in which and the time by which the property is 
to be developed and the use to which the property is to be put. If the 
Area Ranger determines that the development and use plan conforms to the 
applicable standards established in Sec. 292.16 for the land use 
category in which the property is placed, he will issue a certification 
to this effect.
    (3) Notification of action. Within 45 days after receipt of request 
for certification, the Area Ranger shall:
    (i) Issue the certification.
    (ii) Notify applicant that additional information is needed before 
action can be taken on the application.
    (iii) Notify applicant that certification is denied, and reasons for 
denial.
    (iv) Notify applicant that action on the request is deferred for a 
specified period of time for stated reasons.
    (e) Qualified certifications. (1) Any owner of a property classified 
residential or commercial under paragraph (a) of this section which had 
been improved and was being used for residential or commercial purposes 
on the effective date of these regulations, but which does not conform 
to the standards established for properties in the land use category in 
which the property is placed may nevertheless be issued a certification 
for period not to exceed 10 years so that the improvements may be made 
to conform to the standards. Such certification shall specify that it is 
only effective so long as the property is not subdivided, and is not 
further improved and the improvements existing on the effective date of 
these regulations, are not reconstructed, altered or relocated, except 
to meet standards. The certification shall specify the date on which it 
shall terminate.
    (2) If the Area Ranger determines, prior to certification, that a 
part or all of a property, for which a request for certification is 
made, is needed for access to and utilization of public property or for 
recreation and other facilities, he may except from the certification 
that part of the property needed for these purposes.
    (f) Revocation of certification. The Area Ranger will revoke a 
certification when he finds that the property is being used or developed 
not in conformance with the terms of the certification or the applicable 
standards established in Sec. 292.16 or is in imminent danger of being 
so used or developed. Notice of such revocation will be in writing and 
delivered to the owner in person or by certified mail. A partial 
revocation may be made when a portion of a property covered by a 
certification is determined to be needed for access to and utilization 
of public property or for recreation and other facilities.

[[Page 363]]

    (g) Effect of certification. Property for which a certification is 
held by the owner shall not be acquired by the Secretary by 
condemnation.
    (h) Effect of noncompliance with standards. Property for which a 
determination has been made that it is being used or developed not in 
conformance with the applicable standards established in Sec. 292.16 for 
the land use category in which the property is placed may be acquired by 
the Secretary by condemnation.
    (i) Acquisition by negotiated purchase. (1) Any privately owned land 
or interest in land determined by the Secretary to be needed in 
furtherance of the objectives and purposes for which the Sawtooth 
National Recreation Area was established may be acquired by negotiated 
purchase subject only to the limitation in paragraph (j) of this 
section.
    (2) Property which has been developed for use prior to the effective 
date of these regulations, but which is not in conformance with 
applicable standards may be acquired by the Secretary through negotiated 
purchase and the Secretary may permit the owners, their successors or 
assigns to retain a right of use and occupancy of the improved property 
for a definite term not beyond December 31, 1988.
    (j) Limitation on acquisitions. Acquisitions of lands or interests 
therein for access to and utilization of public property and for 
recreation and other facilities shall not exceed 5 percent of the total 
acreage of all private property within the Sawtooth National Recreation 
Area on August 22, 1972. A land acquisition plan shall be prepared by 
the Area Ranger and approved by the Regional Forester showing those 
properties needed for access to and utilization of public property or 
for recreation and other facilities. Said plan may be revised from time 
to time upon approval by the Regional Forester. Said plan shall be 
available for inspection by the public in the office of the Area Ranger.
    (k) Land exchanges. Some parcels of Federal lands within the 
Sawtooth National Recreation Area are classified or may be subsequently 
classified in the overall general plan for the Recreation Area as 
suitable for selection through land exchange. Using existing land 
exchange authorities, these Federal lands may be made available for 
selection by parties owning land within the boundaries of the National 
Recreation Area to resolve some existing or potential land use 
conflicts. The values of the properties so exchanged shall be 
approximately equal, or, if they are not approximately equal, they shall 
be equalized by the payment of cash. Federal lands which may be located 
within the boundaries of designated communities will be considered for 
exchange only after acceptable community development plans and 
ordinances have been implemented.
    (l) Appeals. Any landowner who is adversely affected by a decision 
of the Area Ranger under these regulations may file an appeal under the 
provisions of 36 CFR part 251, subpart C.
    (m) Judicial review. The United States District Court for the 
District of Idaho shall have jurisdiction to review these regulations 
upon a compliant filed within 6 months after the effective date of these 
regulations, by any affected landowner in an action for a declaratory 
judgment as provided in the Act of August 22, 1972 (86 Stat. 612), 
section 4(a).
[39 FR 11544, Mar. 29, 1974, as amended at 41 FR 29379, July 16, 1976; 
54 FR 3368, Jan. 23, 1989]



Sec. 292.16  Standards.

    The standards established in these regulations are 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 recreation values of the Recreation Area.
    (a) Applicability. The standards set forth in this section for each 
land use category shall apply to the private land in each such land use 
category as classified by the Secretary in accordance with Sec. 292.15.
    (b) Changes in standards. Changes in and addition to the standards 
may be made from time to time through amendment of these regulations.
    (c) General standards. The following standards apply to properties 
in all land use categories.

[[Page 364]]

    (1) Use and development of the property will be in conformance with 
applicable Federal, State, and local laws, regulations and ordinances.
    (2) Development, improvement and use of the property will not 
materially detract from the scenic, natural, historic, pastoral, and 
fish and wildlife values of the area.
    (3) There will be adequate provision for disposal of solid and 
liquid waste originating on or resulting from use of the property.
    (4) All new utilities will be underground.
    (5) No structures or other improvements will be constructed in or 
encroaching upon streambeds, banks and flood plains of live or 
intermittent streams. Streambeds, banks, and flood plains will not be 
disturbed, except as may be necessary to construct, operate, and 
maintain irrigation, fisheries, utilities, roads, and similar facilities 
or improvements. Any such necessary encroachment will avoid impeding 
water flow, sedimentation of streams or entrance of deleterious material 
into streams.
    (d) Designated communities. (1) The following standards are 
established until replaced as provided for in paragraph (d)(2) of this 
section.
    (i) No buildings or structures, or part thereof, erected, 
constructed, reconstructed, altered, moved, or used for any purpose, 
except in conformance with the standards established herein.
    (ii) No excavation or topographic change, except that required for 
foundations, utilities, or roads, that would modify or change the scenic 
beauty of natural hillsides or mountain slope lands.
    (iii) Minimum 100-foot frontage on new building sites.
    (iv) All new buildings set in 10 feet from each side of property 
line.
    (v) All new buildings set back 20 feet from front property line.
    (vi) Only one single-family dwelling for each building site or lot.
    (vii) No new building to exceed two stories in height as determined 
from ground level.
    (viii) No building or structure erected with foundation pillars or 
stilts that exceeds 36 inches above ground level. Pillars or stilts, if 
used, must be enclosed.
    (ix) Minimum of 750 square feet for new residences.
    (x) All new buildings constructed of logs, shakes, rough lumber, 
rough wood, and native stone.
    (xi) Mobile or semimobile homes permitted only in existing mobile 
home parks.
    (xii) Nonreflective roofs on new buildings.
    (xiii) All new steps and walks constructed of wood.
    (xiv) Paints or stains to be of earth tones common to the area.
    (xv) All buildings and structures, including fences, to be 
maintained in a useable and servicable condition or removed. Properties 
to be maintained in a clean and orderly condition.
    (xvi) Existing plus new buildings or structures cannot occupy more 
than 30 percent of the land surface on a lot less than 20,000 square 
feet in area. On any lot larger than 20,000 square feet, existing plus 
new buildings cannot occupy more than 6,500 square feet. Existing 
properties exceeding this amount as of the effective date of these 
regulations may not be further developed.
    (xvii) The standards in paragraphs (d)(1) (v), (vi), (ix), and (xvi) 
of this section shall not apply to properties developed for commercial 
purposes.
    (2) The Area Ranger shall cooperate with each designated community 
in the preparation of a community development plan and implementing 
ordinances which will assure that use and development of the private 
properties within the community will be consistent with the purposes for 
which the Sawtooth National Recreation Area was established and with the 
overall general plan of the Recreation Area. The Secretary may then, by 
amendment of these regulations, replace the standards adopted pursuant 
to paragraph (d)(1) of this section with the standards set forth in such 
community development plan and implementing ordinances as the standards 
applicable to that designated community.
    (e) Residential. (1) Vegetative cover and screening requirements. 
Any combination of vegetative screening, topography, and structure 
design that renders the residence inconspicuous

[[Page 365]]

and not obtrusive as seen from main travel routes.
    (2) Buildings. (i) Not more than one residence on each separately 
owned contiguous property as recorded in the records of the appropriate 
county on date of publication of these regulations.
    (ii) Not more than two outbuildings with each residence. Aggregate 
square foot area of outbuildings not to exceed 400 square feet.
    (iii) Dwelling size not less than 750 square feet of floor space.
    (iv) Building architecture compatible with location and the pastoral 
environment, rustic in nature, harmoniously colored or natural wood 
finish or suitable wood substitutes, nonreflective roofs and sidings.
    (v) Height of buildings to be in keeping with site characteristics 
and normally not exceeding on-site tree height, or 30 feet.
    (vi) Sufficient setback of buildings from centerline of public roads 
for safety and unhampered traffic flow.
    (vii) Minimum building setback from property line--10 feet.
    (3) No excavation or topographic change except that required for 
buildings, roads, and utilities.
    (4) Removal of live trees and other vegetation limited to that 
necessary to accommodate buildings and roads to allow installation of 
utilities.
    (5) Roads designed, located, and constructed to minimize adverse 
esthetic impact and soil erosion.
    (6) Owner identification and sale or rental signs not to exceed 2 
square feet in size.
    (7) Buildings and structures, including fences, to be maintained in 
a usable and serviceable condition or removed.
    (8) No further reduction in size of residential ownerships except 
that which will not impair the objectives for which the Sawtooth 
National Recreation Area was established. A certification will be issued 
pursuant to Sec. 292.15(d) upon application in such cases.
    (f) Commercial--(1) General. Service provided must serve a need 
which cannot readily or adequately be provided in a designated 
community, and must be compatible with the purposes for which the 
Sawtooth National Recreation Area was established.
    (2) Buildings. (i) Building architecture to be compatible with the 
pastoral environment, rustic in nature, harmoniously colored or natural 
wood finish or suitable wood substitutes, nonreflective roofs and 
sidings.
    (ii) Building height to be in keeping with building size, scale, 
setback from roads and property boundaries, site size, setting, building 
design and type of use.
    (iii) Sufficient setback of buildings from centerline of public 
roads for safety and unhampered traffic flow.
    (3) Only signs identifying the commercial enterprise being conducted 
on the property. Signs not to exceed 20 square feet in area, 6 feet in 
length and 15 feet maximum height. Signs to be subdued in appearance and 
harmonizing in design and color with the surroundings. Signs not 
complying with the standard may be approved by certifications issued 
pursuant to Sec. 292.15(d) in special cases.
    (4) No flashing lights.
    (5) No new mobile or semimobile homes and mobile home parks except 
where they may be located without substantially impairing or detracting 
from the scenic, natural, historic, pastoral, and fish and wildlife 
values of the area.
    (g) Agriculture. (1) Only structures which do not substantially 
impair or detract from the scenic, natural, historic, pastoral, and fish 
and wildlife values of the area and which are necessary for ranching or 
dude ranching such as dwellings, barns, storage buildings, fences, 
corrals, irrigation facilities, roads, and utilities.
    (2) Buildings to be ranch-type character with log or other rustic 
exterior with harmoniously colored or natural wood finish and 
nonreflective surfaces.
    (3) Fences and other improvements to be in harmony with the western 
ranching atmosphere.
    (4) Minimum setback of new buildings to be 150 feet from public 
roads where determined feasible by the Area Ranger.
    (5) No further reduction in size of agricultural ownerships except 
that which will not impair the objectives for which the Sawtooth 
National Recreation Area was established. A certification will be issued 
pursuant to

[[Page 366]]

Sec. 292.15(d) upon application in such cases.
    (6) No signs, billboards or advertising devices except a property 
identification sign and one sale or rental sign not to exceed 2 square 
feet in area, harmonious in design and color with the surroundings. 
Signs not complying with this standard may be approved by certifications 
issued pursuant to Sec. 292.15(d) in special cases.
    (7) Any tree removal and related slash disposal and soil erosion 
prevention measures to be conducted in a manner that will minimize 
detrimental effects to the site and adjoining lands.
    (8) The general topography of the landscape to be unaltered except 
for incidental excavation or topographic change required by ranching 
activities.
    (9) Structures and improvements, including fences, to be maintained 
in usable condition or removed. Those recognized as having historic or 
esthetic value may remain.
    (10) Roads to be designed, located and constructed to minimize 
esthetic impact and soil movement.
    (11) Agricultural practices to be limited to hay production and 
pasture and range grazing in a manner which does not degrade water 
quality or result in accelerated soil erosion.
    (h) Mineral operations. The standards set forth in this paragraph 
shall apply to a private property or portion thereof in any land use 
category which is used for mineral operations. To aid in determining 
whether a planned mineral operation will conform to these standards, the 
owner of the property shall submit to the Area Ranger a proposed plan of 
operations. If the Area Ranger determines that the proposed operation 
conforms to the standards established herein he will approve the plan 
and such approval shall constitute the certification provided for in 
Sec. 292.15(d).
    (1) Operations will be confined to those locations where they may be 
conducted without substantially impairing or detracting from the scenic, 
natural, historic, pastoral, and fish and wildlife values of the area.
    (2) The general standards set forth in paragraph (c) of this section 
shall apply to any mineral operations.
    (3) The operations as described in the plan of operation and as they 
are carried out in accordance with the plan shall:
    (i) Comply with Federal and State air and water quality and waste 
disposal standards.
    (ii) Minimize adverse impacts on scenic values.
    (iii) Provide for prompt stabilization and restoration of areas 
disturbed by the operations.
[39 FR 11544, Mar. 29, 1974]



       Subpart D--Sawtooth National Recreation Area--Federal Lands

    Authority: Sec. 1, 30 Stat. 35, 36, as amended, 16 U.S.C. 478, 551; 
sec. 11, 86 Stat. 612, 16 U.S.C. 460aa-10.



Sec. 292.17  General provisions.

    (a) The use, management and utilization of natural resources on the 
Federal lands in the Sawtooth National Recreation Area (SNRA) are 
subject to the General Management Plan and the laws, rules, and 
regulations pertaining to the National Forests with the exception that 
part 252 of this chapter does not apply to these resources. No use or 
disposal of such resources shall be authorized which will result in 
substantial impairment of the natural values of the Recreation Area.
    (b) Definitions: (1) Act means Pub. L. 92-400 (86 Stat. 612), which 
established the SNRA.
    (2) Area Ranger or Superintendent means the Forest Service officer 
having administrative authority for the SNRA.
    (3) General management plan means the document setting forth the 
land allocation and resource decisions for management of the SNRA.
    (4) Letter of authorization means a letter signed by the Area 
Ranger, or his designee, authorizing an operator to conduct operations 
as approved in the operating plan.
    (5) Mineral resources means all locatable minerals.
    (6) Operator means a person conducting or proposing to conduct 
operations.
    (7) Operations means all functions works, and activities in 
connection with exploration, development, mining or processing of 
mineral resources and all uses reasonably incident thereto,

[[Page 367]]

including roads and other means of access on lands, regardless of 
whether said operations take place on or off mining claims.
    (8) Operating plan means a written instrument describing proposed 
operations on Federal lands and containing such information as required 
by Sec. 292.18.
    (9) Person means any individual, partnership, association, 
corporation, or other legal entity.
    (10) Substantial impairment means that level of disturbance of the 
values of the SNRA which is incompatible with the standards of the 
General Management Plan. The proposed activities will be evaluated as 
to:
    (i) The period of impact,
    (ii) The area affected, and
    (iii) The importance of the impact on the SNRA values.
    (11) Unpatented mining claims means any mining claim or millsite 
claim located prior to August 22, 1972, pursuant to the Mining Law of 
1872, but not patented.
[42 FR 39387, Aug. 4, 1977]



Sec. 292.18  Mineral resources.

    (a) Occupancy. No unpatented mining claim may be used or occupied, 
except as otherwise permitted for any purpose other than exploration, 
mining, or processing operations and uses reasonably incident thereto.
    (b) Letter of authorization. A letter of authorization with the 
posting of an appropriate bond is required prior to conducting 
operations in the SNRA.
    (c) Operating plan. A proposed operating plan must be filed with the 
Area Ranger prior to conductng any operations and prior to construction, 
reconstruction, improvement or maintenance of roads and trails, bridges, 
or other facilities for access within the SNRA; provided, that an 
operating plan is not required for--
    (1) Operations which only involve vehicular travel on existing roads 
open to public use;
    (2) Marking and/or reestablishing claims corners;
    (3) Sampling and exploration work which will not cause significant 
damage to surface resources and will not involve the removal of more 
than 100 pounds of material for analysis and study, provided the Area 
Ranger has prior notice of such activities; or
    (4) The evaluation and study of existing underground mine workings 
not involving surface disturbances.
    (d) Operating plan--requirements. Each operating plan shall include:
    (1) The names and mailing addresses of operators and their agents, 
along with a statement of owenership and/or authorization under which 
the operation is to be conducted, and including a copy of the location 
notice(s), proof of assessment labor, and quit claim deeds if ownership 
has changed within the assessment year.
    (2) A map or sketch showing information sufficient to locate the 
proposed area of operations on the ground, existing and/or proposed 
roads or access routes to be used in connection with the operations and 
the approximate location and size of areas where surface resources will 
be disturbed.
    (3) Information describing the nature of operations proposed and how 
they will be conducted, the type and standard of existing and proposed 
roads or access routes, the means of transportaion to be used, the 
period during which the proposed operations will take place, and 
measures to be taken for protecting the values of the SNRA and 
reclaiming the lands.
    (e) Operating plan--approval. (1) The Area Ranger shall promptly 
acknowledge receipt of any operating plan to the operator. The Area 
Ranger shall review the environmental effects and conduct a technical 
examination of each proposed operating plan.

The technical examination shall identify the resources and the land uses 
in the area of operations. The Area Ranger shall use the current General 
Management Plan of the SNRA and the Final Environmental Statement as 
guides in determining whether the proposed operations may result in 
substantial impairment of the values of the SNRA. In his review, the 
Area Ranger may solicit comments from the general public and/or other 
government agencies in analysis of environmental effects. In his review, 
the Area Ranger will consider the compatibility of the proposed 
operating plan with the Act and the General Management Plan. The Area 
Ranger may not approve an

[[Page 368]]

operating plan for an identical claimed area to more than one operator.
    (2) Within 30 working days of receipt of a proposed operating plan, 
the Area Ranger shall take one of the following actions:
    (i) Notify the operator that the operating plan has been approved as 
submitted; or,
    (ii) Notify the operator that the operating plan has been approved 
as subject to the operator accepting the changes or conditions deemed 
necessary by the Area Ranger; or,
    (iii) Notify the operator that more time is necessary to review the 
plan because of the need to prepare an environmental impact statement, 
or conduct a cultural resource survey, or other stated reasons; in such 
cases, the operator will be notified of the approximate time needed to 
complete the review; or,
    (iv) Notify the operator of an apparent conflict of ownership and 
that additional proof of ownership is required; or,
    (v) Notify the operator that the operating plan as submitted is 
inadequate to support any conclusion as to substantial impairment, and 
that additional information will be required; or,
    (vi) Notify the operator that the operating plan is not approved 
since such operations as specified in the plan would create substantial 
impairment.
    (f) Operating plans--suspension or modification. The Area Ranger may 
suspend or terminate authorization to operate in whole or in part where 
such operations are causing substantial impairment which cannot be 
mitigated. At any time during operations under an approved operation 
plan, the operator may be required to modify the operating plan in order 
to minimize or avoid substantial impairment of the values of the SNRA.
    (g) Bond requirements. (1) An operator shall furnish a bond, in the 
amount determined by the Area Ranger to be appropriate for reclamation 
of the disturbed surface area, prior to the commencement of operations. 
In lieu of a bond, the operator may deposit into a Federal depository, 
as directed by the Forest Service, cash in an amount equal to the 
required dollar amount of the bond or negotiable securities of the 
United States having market value at the time of deposit or not less 
than the required dollar amount of the bond.
    (2) When the reclamation of the project, or portions thereof, has 
been completed, the operator will notify the Area Ranger who will 
examine the area to determine whether the reclamation is acceptable. 
When the Area Ranger has accepted as completed any portion of the 
reclamation, he shall reduce proportionately the amount of bond 
thereafter to be required with respect to the remaining reclamation. 
However, the operator will not be released from liability under the bond 
for the amount which may be necessary to revegetate each planting area 
for a minimum period of at least 5 years after the first efforts at 
revegetation if those initial efforts are unsuccessful.
    (3) If the Area Ranger determines that revegetation is likely to 
occur before the expiration of such minimum period, he may release the 
operator from the extended liability under the bond for revegetation of 
planting area.
    (h) Access. The operator shall permit free and unrestricted public 
access to and through lands included within an unpatented mining claim 
for all lawful and proper purposes. In areas where such access would 
unduly interfere with authorized operations or would constitute a hazard 
to public health and safety, public use may be restricted with prior 
approval of the Area Ranger.
[42 FR 39387, Aug. 4, 1977]



     Subpart E--Hells Canyon National Recreation Area--Private Lands

    Authority: 89 Stat. 1117; 16 U.S.C. 460gg-460gg-13.

    Source: 59 FR 30497, June 13, 1994, unless otherwise noted.



Sec. 292.20  Purpose and scope.

    (a) Purpose. The Act establishing the Hells Canyon National 
Recreation Area (hereafter referred to as HCNRA) (16 U.S.C. 460gg-460gg-
13) encourages the retention of traditional and valid uses of private 
land within the HCNRA, such as ranching, grazing, farming, timber 
harvesting, and the occupation

[[Page 369]]

of homes and lands associated therewith, as they existed at the time the 
HCNRA was established on December 31, 1975. To this end, the Act directs 
the Secretary of Agriculture to promulgate regulations establishing 
standards for the use and development of private land within the HCNRA 
and grants the Secretary limited condemnation authority to address 
situations where the standards are not met. The purpose of this subpart 
is to establish standards that would guide the Secretary's consideration 
of the use of the limited condemnation authority granted by the Act.
    (b) Scope. The regulations in this subpart establish standards 
applicable to all private property within the boundaries of the HCNRA, 
including that within the boundaries of the Rapid, Snake, and Imnaha 
Wild and Scenic Rivers and the Hells Canyon Wilderness. The regulations 
in this subpart do not operate to restrict the use and development of 
private property; rather, they serve to inform the landowner of those 
uses that are compatible with purposes for which the HCNRA was 
established. Uses not compatible with these standards could result in 
the Secretary acquiring land or interests therein without a landowner's 
consent.
    The regulations in this subpart, in and of themselves, do not effect 
a taking of private property, including valid, existing water rights, 
nor do the standards established in this subpart limit or restrict a 
private landowner's property use that is compatible with the purposes of 
the Act. The Responsible Official may use the regulations in this 
subpart solely to determine whether private land uses or developments 
are compatible with the purposes and direction of the Act and, if not, 
to determine whether the Secretary should consider initiating 
condemnation proceedings to acquire land or scenic easements.



Sec. 292.21  Definitions.

    For the purposes of this subpart, the following terms 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).
    Archaeological sites are those sites containing relics, artifacts, 
and other evidence of past human cultures including historic properties 
as defined by the National Historic Preservation Act.
    Commercial land is land within the HCNRA developed for commercial 
purposes as of June 13, 1994 and which is assigned to the commercial 
land category (Sec. 292.22).
    Condemnation is the acquisition of lands or interests therein by the 
Secretary without the consent of the owner. In the case of the Act, 
condemnation is a limited authority that may be exercised by the 
Secretary only in the event that a standard or standards set forth 
herein are violated for all private land categories except mining lands. 
Where mining lands are involved, the Secretary may exercise his or her 
condemnation authority notwithstanding the fact that the mining land 
owner has complied with the relevant standards of this section.
    Conservation easement or Scenic easement as defined in Section 9(d) 
of the Act ``means the right to control the use of land in order to 
protect aesthetic values for the purposes of this Act, but shall not be 
acquired without the consent of the owner to preclude the continuation 
of any farming or pastoral use exercised by the owner as of the date of 
enactment of this Act.''
    Dude ranching is a business oriented primarily towards furnishing 
small groups with an outdoor recreational and educational experience 
associated with ranching activities and perpetuates the purposes for 
which the HCNRA was established. Dude ranching is subservient to the 
primarily recognized ranching operation.
    Existing uses are those uses of or developments to private land as 
of the date of enactment of the Act on December 31, 1975.
    Farm/Forest/Grazing lands are those lands used for farm, forest, and 
grazing purposes, for maintaining watersheds as fish and wildlife 
habitat, or for providing outdoor recreational activities. All such 
lands are assigned to the Farm/Forest/Grazing land category in 
Sec. 292.22.
    Farm/Forest/Grazing Use is any traditional agricultural, 
silvicultural, or

[[Page 370]]

livestock management use or combination thereof on farm/forest/grazing 
lands within the HCNRA. This includes, but is not limited to, truck 
farming, growing and harvesting of timber, grazing of livestock, 
horticultural use, animal husbandry use, horse, cattle, and sheep 
ranching, and preparation and storage of the products raised on farm/
forest/grazing land for on-site use or for disposal by marketing or 
otherwise. Farm/forest/grazing uses may also consist of uses related to 
and in furtherance of the protection of watersheds, maintenance of fish 
and wildlife habitat, and the pursuit of recreational activities.
    Hazardous substance includes any material so classified under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, as amended (42 U.S.C. 9601 et seq.).
    Mining lands are lands primarily used for mining purposes as of June 
13, 1994 and which are assigned to the mining land category in 
Sec. 292.22.
    Outdoor recreational activities are activities such as camping, 
picnicking, rafting, boating, hiking, rock climbing, fishing, hunting, 
horseback riding, and the viewing of wildlife or scenery.
    Parcel as used in this subpart refers to contiguous tax lots under 
one ownership. For the purposes of this subpart, rights-of-way do not 
divide parcels into smaller units.
    Partition is the division of land into lots, and which, under county 
planning ordinances, is identified by a map, drawing, or writing which 
contains the descriptions, locations, specifications, and dedications 
for roads, utilities, etc. and which has been properly filed with the 
County recorder.
    Private land is land not in federal, state, or local government 
ownership.
    Proposed uses are those uses of or development to a private land 
parcel within the HCNRA initiated after June 13, 1994.
    Ranger is the HCNRA Area Ranger, Wallowa-Whitman National Forest, 
with offices located in Enterprise, Oregon, Riggins, Idaho, and 
Clarkston, Washington, except for the Rapid Wild and Scenic River where 
the term refers to the Salmon River District Ranger, Nez Perce National 
Forest, located in Whitebird, Idaho.
    Recreational facilities are facilities associated with or required 
for outdoor recreational activities and include, but are not limited to, 
parks, campgrounds, hunting and fishing lodges, and interpretive 
displays.
    Residential lands are lands within the HCNRA developed for 
residential purposes as of June 13, 1994 and which are assigned to the 
Residential land category in Sec. 292.22.
    Scenic Easement. See Conservation Easement.
    Screening is the reduction or elimination of the visual impact of 
any structure or land modification as seen from any public travel route 
within the HCNRA.
    Solid waste is discarded solid materials resulting from mining, 
industrial, commercial, agricultural, silvicultural, and community 
activities. This term does not include domestic sewage or pollutants 
such as silt or dissolved materials in irrigation return flows.
    Structure is any permanent building or facility, or part thereof 
such as barns, outhouses, residences and storage sheds. This includes 
electric transmission line systems, substations, commercial radio 
transmitters, relays or repeater stations, antennas, and other 
electronic sites and associated structures.
    Traditional uses are ranching, grazing, farming, timber harvesting 
and the occupation of homes and land associated therewith within the 
HCNRA, or other activities including outdoor recreational activities and 
facilities, which existed on or before December 31, 1975.
    Travel route is a route, such as a county or National Forest system 
road or river or trail, that is open for use by members of the general 
public.



Sec. 292.22  Land category assignments.

    (a) Land categories. (1) All privately owned 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) Residential land.
    (iv) Commercial land.
    (2) Not later than August 12, 1994, a map or maps displaying the 
privately owned lands within the HCNRA and the

[[Page 371]]

land categories to which they have been assigned must be on file and 
available for public inspection at the Ranger's office. The Ranger shall 
give notice of the availability of this map or maps in the local 
newspapers of record.
    (b) Changes in land category assignment. Lands assigned to the 
Commercial, Residential, or Mining category may be reclassified as farm/
forest/grazing land so long as the intended use or development is 
consistent with the standards in Sec. 292.23 and the Ranger has given 
public notice of the proposed change in the local newspaper of record 
and has notified adjacent landowners and the affected county government 
at least 30 days prior to any decision on the proposed change.



Sec. 292.23  Standards of compatible land use and development.

    Private land 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 private lands. As of June 13, 1994, 
the use and development of private lands in all land categories within 
the HCNRA is deemed compatible with the purposes for which the HCNRA was 
established, if the use and development of such lands meets the 
following standards:
    (1) Use and development conforms to applicable local, state, and 
federal environmental, natural resource, cultural resource, and land use 
development law.
    (2) All new or replacement structures are screened and/or 
constructed of materials that blend with the natural environment, except 
where structures typify the architectural style and materials of a 
significant historic era such as pre-World War II. Screening is not 
required, however, for new or replacement structures that are associated 
with an existing unscreened structure or structures that were not 
screened at the time this rule became effective.
    (3) No public or commercial solid waste disposal sites or hazardous 
substance disposal sites are located on private lands within the HCNRA.
    (4) All new or replacement utility lines are placed underground 
where ground conditions and topography permit. This standard does not 
prevent or impair routine maintenance of utility lines or related 
structures in existence prior to June 13, 1994.
    (5) No new or replacement structures are developed within the 
boundaries of the Hells Canyon Wilderness, provided that existing 
structures may be repaired and/or maintained.
    (6) Significant historic, archaeologic, or paleontologic sites are 
protected.
    (7) Sites used for the extraction of common mineral materials, such 
as gravel, for construction and maintenance purposes on all except 
designated mining lands, are screened where possible, and are not in 
excess of 2 acres in size.
    (8) New recreational facilities enhance and are compatible with the 
purpose of the Act.
    (b) Farm/forest/grazing lands standards. The following additional 
standards are applicable to farm/forest/grazing lands:
    (1) Except as otherwise provided in this paragraph, the minimum lot 
size for residential development is 160 acres. Only residences 
associated with farm/forest/grazing uses may be developed. Partitions of 
less than 160 acres may be made to provide for the continuation of 
existing commercial agriculture, but such partitions may not be 
developed for residential use. Lots of less than 160 acres existing on 
June 13, 1994, with residences permanently affixed to a foundation or 
basement, are considered to be in compliance.
    (2) Structures are limited to those necessary to conduct farm/
forest/grazing use.
    (3) Dude ranching is permitted provided it is compatible with the 
purpose and direction of the Act and is part of a recognized ranching 
operation.
    (4) New or replacement structures for farm/forest/grazing use are 
not closer than 25 feet from a property line or 55 feet from the center 
line of a travel route.
    (c) Mining Lands. (1) The following standards are applicable to 
mining lands:
    (i) The owner of mining lands must consult with the Ranger 
concerning proposed mineral development activities prior to submitting a 
plan of operations to the relevant state or federal agencies.

[[Page 372]]

    (ii) Operations comply with Federal and State mining, air quality, 
water quality, hazardous waste, water disposal and reclamation 
standards.
    (iii) The type and number of structures, including but not limited 
to residences associated with the mining activity, are limited to the 
minimum necessary for the use and development of the mining lands.
    (iv) No new structures are located closer than 25 feet from a 
property line or 55 feet from the center line of a travel route.
    (v) Mining lands are not partitioned.
    (2) Notwithstanding compliance with the standards of paragraph 
(c)(1) of this section, the Secretary may acquire mineral interests in 
the HCNRA without the consent of the owner, if the Secretary deems this 
necessary to meet the purposes for which the HCNRA was established.



Sec. 292.24  Determination of compliance and noncompliance.

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



Sec. 292.25  Information requirements.

    The information required by Sec. 292.24 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 
U.S.C. 3507) and has been approved for use by the Office of Management 
and Budget and assigned control number 0596-0135.



     Subpart F--Hells Canyon National Recreation Area--Federal Lands

    Authority: 16 U.S.C. 460gg-7.

[[Page 373]]


    Source: 59 FR 36882, July 19, 1994, unless otherwise noted.



Sec. 292.40  Purpose and scope.

    (a) Purpose. The rules of this subpart establish standards and 
guidelines for the protection and preservation of historic, 
archeological, and paleontological resources, the use of motorized and 
mechanical equipment, the use of motorized and non-motorized rivercraft, 
and the management, utilization, and disposal of natural resources by 
timber harvesting, mining and grazing on National Forest System lands 
that comprise the Hells Canyon National Recreation Area located in the 
Wallowa-Whitman, Nez Perce, and Payette National Forests in the States 
of Idaho and Oregon as established by the Act of December 31, 1975, as 
amended (89 Stat. 1117, 16 U.S.C. 460gg et seq.).
    (b) Scope. Management of National Forest System lands within the 
Hells Canyon National Recreation Area is subject to all laws, rules, and 
regulations applicable to the national Forest System, except as 
otherwise provided in this subpart. In the event of a conflict of 
inconsistency between rules of this subpart and other rules within this 
title, the rules of this subpart shall take precedence to the extent 
permitted by law.



Sec. 292.41  Definitions.

    Special terms used in this subpart are defined as 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.
    ``Authorized Officer'' is a Forest Service line officer who has been 
delegated the authority to take certain actions pursuant to the 
provisions of this subpart.
    ``Comprehensive Management Plan'' is the document that establishes 
the array, levels, and manner of resource uses within the HCNRA. It is 
incorporated as part of the Wallowa-Whitman National Forest Land and 
Resource Management Plan.
    ``Cultural resources'' means historic and archeological resources.
    ``HCNRA'' is the abbreviation for the Hells Canyon National 
Recreation Area.
    ``Mechanical equipment'' means any contrivance which travels over 
ground, snow or water on wheels, tracks, skids, or by flotation that is 
powered by a living source. This term does not include non-motorized 
rivercraft which is defined separately herein, wheelchairs, or other 
similar devices used solely to assist persons with disabilities.
    ``Mining'' means any activity related to the discovery, extraction 
and exploitation of minerals under the Mining Act of 1872, 30 U.S.C. 22 
et seq., and the Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq., 
through the use of, among other things, hydraulic equipment, pans, 
ground sluicing, sluice boxes, rockers, or suction dredges.
    ``Motorized equipment'' means any machine powered by a nonliving 
source. This term does not include motorized rivercraft which is defined 
separately herein or small, hand-held devices such as flashlights, 
shavers, wristwatches, and Geiger counters.
    ``Motorized rivercraft'' means any boat capable of being 
mechanically propelled by propeller(s) or jet pump(s) upstream through 
rapids.
    ``Non-Motorized rivercraft'' means any boat which is not a motorized 
rivercraft.
    ``Other lands'' means all National Forest System lands in the HCNRA 
except for Wild and Scenic Rivers and Wilderness Lands.
    ``Paleontological resources'' means any remains, trace, or imprint 
of a plant or animal that has been preserved in the Earth's crust prior 
to the Holocene epoch.
    ``Selective cutting'' means single tree or group selection cutting 
and is the periodic removal of trees individually or in small groups 
from an uneven aged forest in order to maintain diverse stands, with the 
sustainability and improvement of the forest using an ecosystem approach 
to management being a primary consideration.
    ``Suitable'' means it is appropriate to apply certain resource 
management practices to a particular area of land, as determined by an 
ecological and environmental analysis of the land. A unit of land may be 
suitable for a variety of individual or combined management practices.

[[Page 374]]

    ``Wild and Scenic Rivers'' means the segments of the Snake, Rapid, 
and Imnaha Rivers designated as components of the National Wild and 
Scenic Rivers System and any other river or segment thereof in the HCNRA 
hereafter designated. Wild and Scenic Rivers include all National Forest 
System lands within the designated Wild and Scenic River corridor.
    ``Wilderness lands'' means the Hells Canyon Wilderness, that portion 
of the Eagle Cap Wilderness in the HCNRA, and any other wilderness in 
the HCNRA hereafter designated as components of the National Wilderness 
Preservation System.



Sec. 292.42  Management standards and guidelines.

    (a) In addition to existing statutory 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 subpart 
prescribe the scope and extent of certain activities that may occur in 
the HCNRA. These standards and guidelines are consistent with the 
overall objective of administering the HCNRA to preserve its natural 
beauty, historical and archaeological values and enhance its 
recreational and ecological values and the public's enjoyment. The 
standards and guidelines may vary depending on whether the land where 
the proposed activity is contemplated is within the Wilderness Lands, 
Wild and Scenic Rivers, or the Other Lands.
    (b) The standards and guidelines of this subpart govern the previous 
programmatic direction in the Comprehensive Management Plan that has 
been incorporated into the Wallowa-Whitman National Forest Land and 
Resource Management Plan. Site specific environmental analysis may be 
required even in those situations where a use or activity is permissible 
under the standards and guidelines set forth in this subpart.
    (c) The standards and guidelines of this subpart may be enforced by 
the authorized officer pursuant to 36 CFR part 261.



Sec. 292.43  Protection and preservation of cultural and paleontological resources.

    (a) Other Lands and Wild and Scenic Rivers. The following standards 
and guidelines of this section apply to the protection and preservation 
of cultural and paleontological resources on the Other Lands and the 
Wild and Scenic Rivers in the HCNRA:
    (1) The primary objective of managing cultural resources is the 
protection of the resource from damage or destruction. To the extent 
consistent with protection, cultural resources may also be managed for 
scientific research, public education and enjoyment. Where 
interpretation of these sites for public benefit and knowledge is 
developed, it shall be compatible with the protection of cultural 
resources.
    (2) The authorized officer shall establish priorities for management 
emphasis and protection of cultural resources based, in part, on whether 
the appropriate State Historic Preservation Office has concurred with 
the Forest Service's determination that a cultural resource is 
significant.
    (3) Significant cultural resources are to be protected on-site, 
unless the authorized officer determines that off-site protection is 
preferable because adequate protection cannot be provided on-site, the 
resource is already adequately represented and protected on-site 
elsewhere, protection on-site is not consistent with the administration 
of Wilderness Lands, or for other good cause shown. Information about 
significant cultural resources shall be documented.
    (4) The primary objective of managing paleontological resources is 
scientific research. Paleontological resources may only be disturbed or 
removed in conjunction with scientific research and only upon the 
issuance of prior written authorization of the disturbance or removal 
activity.
    (b) Wilderness Lands. The following standards and guidelines apply 
to the protection and preservation of cultural and paleontological 
resources in the Wilderness Lands category of the HCNRA.

[[Page 375]]

    (1) The standards and guidelines for Other Lands and Wild and Scenic 
Rivers in paragraph (a) of this section also apply to Wilderness Lands.
    (2) Public education and information activities concerning cultural 
resources on Wilderness Lands may not be offered or established inside 
Wilderness Lands.
    (3) New trails and relocations of existing trails may not be 
developed for the sole purpose of providing public access to cultural 
resource sites on Wilderness Lands.



Sec. 292.44  Use of motorized and mechanical equipment.

    The standards and guidelines 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 such 
equipment in the Forest Service's administration of the HCNRA; 
authorized scientific and other research activities within the HCNRA; 
timber harvesting, mining, or grazing activities as authorized in 
Sec. Sec. 292.46-292.48 of this subpart; responses by the Forest Service 
or any other Federal, state, or local agency to public health or safety 
emergencies; or access to private inholdings within the HCNRA.
    (a) Other Lands. The following standards and guidelines apply to the 
use of motorized and mechanical equipment in the Other Lands category of 
the HCNRA.
    (1) Motorized and mechanical equipment may be used on designated 
Forest Service roads, trails, and airstrips subject to terms and 
conditions deemed necessary by the authorized officer for the safe use 
of such facilities.
    (2) The use of motorized and mechanical equipment is prohibited off 
of designated Forest Service roads, trails, and airstrips unless 
authorized by the authorized officer subject to terms and conditions 
deemed necessary by the authorized officer for the safe use of such 
equipment and to ensure that its use is compatible with the Act.
    (b) Wild and Scenic Rivers. The following standards and guidelines 
apply to the use of motorized and mechanical equipment in the Wild and 
Scenic Rivers category in the HCNRA.
    (1) The use of motorized and mechanical equipment on designated 
Forest Service roads, trails and airstrips is permissible on wild and 
scenic river segments classified ``scenic'' or ``recreational'' subject 
to terms and conditions necessary for safe use of such equipment and to 
ensure its use is compatible with the Wild and Scenic Rivers Act.
    (2) The use of motorized and mechanical equipment on designated 
Forest Service roads, trails, and airstrips is prohibited on wild and 
scenic river segments classified ``wild'' except as provided for by the 
authorized officer upon a determination that such use is necessary for 
the administration of the river or to protect and enhance the values for 
which river was designated.
    (c) Wilderness Lands. Except as provided for in Sections 4 (c) and 
(d) of the Wilderness Act and regulations at 36 CFR parts 261 and 293, 
the use of motorized and mechanical equipment is prohibited on 
Wilderness Lands.



Sec. 292.45  Use of motorized and non-motorized rivercraft.

    The standards and 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 subject to 
restrictions on size, type of craft, numbers, duration, seasons, or 
other matters which may be deemed by the authorized officer to be 
necessary to ensure the safe use and enjoyment of the rivers: Provided, 
that where wild and scenic rivers are concerned, the authorized officer 
may impose such additional terms and conditions as may be necessary to 
protect and enhance the values for which the river was designated.
    (b) The use of motorized rivercraft is prohibited except on the 
Snake River and that portion of the Salmon River in the HCNRA 
administered by the Forest Service where such activity may be permitted 
subject to restrictions on size, type of craft, numbers, noise limits, 
duration, seasons or other matters which may be deemed by the authorized 
officer necessary for the safe use and enjoyment of the rivers: 
Provided, that where wild and scenic

[[Page 376]]

rivers are involved, the authorized officer may impose such additional 
terms and conditions as may be necessary to protect and enhance the 
values for which the river was designated.
    (c) The use of motorized and non-motorized rivercraft is subject to 
all federal and state boating registration and safety laws.
    (d) The use of motorized or non-motorized rivercraft on the Snake 
River and that portion of the Salmon River in the HCNRA administered by 
the Forest Service requires prior written authorization from the 
authorized officer.
    (e) In authorizing the use of motorized and non-motorized rivercraft 
on the Snake River, the authorized officer must reasonably accommodate 
both private and commercial users of each type of rivercraft.
    (f) In authorizing the use of motorized and non-motorized rivercraft 
on the Snake River, the authorized officer must ensure that the carrying 
capacity of the river is not exceeded.
    (g) In authorizing the use of motorized and non-motorized rivercraft 
on the Snake River, the authorized officer shall seek to minimize, where 
practicable, conflicts between motorized and non-motorized rivercraft 
users and between both types of rivercraft users and all other users of 
the river.



Sec. 292.46  Timber harvesting activities.

    (a) Other Lands. The standards and 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 ecosystem 
health, wildlife habitat, or recreational and scenic uses; to reduce the 
risk of harm posed by hazard trees; or to respond to natural events such 
as wildfire, flood, earthquake, volcanic eruption, high winds, and 
disease or insect infestation.
    (2) Where authorized, trees may be harvested by selective cuttings. 
Openings created by the timber harvesting activity must be limited in 
size and number to the minimum necessary to accomplish the purpose of 
the harvest, and must blend with the natural landscape to the extent 
practicable.
    (b) Wild and Scenic Rivers. The following standards and guidelines 
apply to timber harvesting activities in the Wild and Scenic Rivers 
category of the HNCRA.
    (1) Timber may be harvested on river segments classified ``scenic'' 
or ``recreational'' to protect and enhance the values for which the 
river was designated.
    (2) Timber may be harvested on river segments classified ``wild'' 
only when necessary to provide for recreational facilities such as 
trails, to reduce the risk of hazard trees, or to respond to natural 
events provided that the activity is consistent with the Wild and Scenic 
Rivers Act.
    (3) Where authorized, timber harvesting activities on wild and 
scenic rivers may be conducted in accordance with and using the same 
methods as prescribed in section (a)(2) above.
    (c) Wilderness Lands. Except as provided for in Sections 4 (c) and 
(d) of the Wilderness Act and regulations at 36 CFR part 293, timber 
harvesting is prohibited on Wilderness Lands.



Sec. 292.47  Mining activities.

    (a) Other Lands. The standards and guidelines of 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 December 31, 1975.
    (2) The impact of mining activities including, but not limited to, 
drilling and the development of ingress and egress routes, must be 
minimized and directed away from Wilderness Lands and Wild and Scenic 
Rivers to the extent practicable.
    (3) Mineral materials including, but not limited to common varieties 
of gravel, sand, or stone, may be used only within the HCNRA for the 
purpose of construction and maintenance of facilities including, but not 
limited to, roads, airfields, trails, and recreation developments.
    (4) Sources of mineral materials should be located outside the 
HCNRA. Sources for mineral materials that may be used to benefit the 
HCNRA may be located inside the HCNRA if the cost of obtaining the 
materials outside the HCNRA adds significantly to

[[Page 377]]

the costs of the materials, or the transportation of mineral materials 
from outside the HCNRA presents a safety hazard. When mineral materials 
are obtained from inside the HCNRA, the environmental effects at the 
source of extraction must be mitigated by site reclamation upon the 
termination of the extraction activity. Site reclamation may include 
contouring the land, re-establishing vegetation, and other measures 
deemed appropriate by the authorized officer to blend the site into the 
surrounding environment to the extent practicable. The HCNRA shall not 
be the source of mineral materials for use outside the HCNRA for 
projects that do not directly benefit the HCNRA.
    (b) Wilderness Lands and Wild and Scenic Rivers. The standards and 
guidelines of this section apply to mining activities in the Wilderness 
Lands and Wild and Scenic Rivers categories of the HCNRA.
    (1) The standards and guidelines for Other Lands in paragraphs 
(a)(1) and (2) of this section also apply to Wilderness Lands and Wild 
and Scenic Rivers.
    (2) Extraction of mineral materials is prohibited on Wilderness 
Lands and Wild and Scenic Rivers subject to valid existing rights.



Sec. 292.48  Grazing activities.

    The following standards and guidelines apply 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 determined by the 
authorized officer to be suitable for grazing and meeting or moving 
towards satisfactory condition and meeting the conditions described in 
paragraph (b) of this section.
    (b) Where domestic livestock grazing is incompatible with the 
protection, restoration, or maintenance of fish and wildlife or their 
habitats; public outdoor recreation; conservation of scenic, wilderness, 
and scientific values; rare combinations of outstanding ecosystems, or 
the protection and enhancement of the values for which a wild and scenic 
river was designated, the livestock use shall be modified as necessary 
to eliminate or avoid the incompatibility. In the event an 
incompatibility persists after the modification or modification is not 
feasible, the livestock use shall be terminated.
    (c) Range improvements must be designed and located to minimize 
their impact on scenic, cultural, fish and wildlife, and other resources 
in the HCNRA.
    (d) The authorization of grazing use, through a grazing permit, must 
provide for terms and conditions which protect and conserve riparian 
areas.



             Subpart G--Smith River National Recreation Area

    Authority:  16 U.S.C. 460bbb et seq.

    Source: 63 FR 15059, Mar. 27, 1998, unless otherwise noted.



Sec. 292.60  Purpose and scope.

    (a) Purpose. The regulations of this subpart set forth the rules and 
procedures by which the Forest Service regulates mineral operations on 
National Forest System lands within the Smith River National Recreation 
Area as established by Congress in the Smith River National Recreation 
Area Act of 1990 (16 U.S.C. 460bbb et seq.).
    (b) Scope. The rules of this subpart apply only to mineral 
operations on National Forest System lands within the Smith River 
National Recreation Area.
    (c) Applicability of other rules. The rules of this subpart 
supplement existing Forest Service regulations concerning the review, 
approval, and administration of mineral operations on National Forest 
System lands including, but not limited to, those set forth at parts 
228, 251, and 261 of this chapter.
    (d) Conflicts. In the event of conflict or inconsistency between the 
rules of this subpart and other parts of this chapter, the rules of this 
subpart take precedence, to the extent allowable by law.



Sec. 292.61  Definitions.

    The special terms used in this subpart have the following meaning:
    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 
authority has

[[Page 378]]

been delegated to take actions pursuant to the provisions of this 
subpart.
    Hazardous material means any hazardous substance, pollutant, 
contaminant, hazardous waste, and oil or other petroleum products, as 
those terms are defined under any Federal, State, or local law or 
regulation.
    Outstanding mineral rights means the rights owned by a party other 
than the surface owner at the time the surface was conveyed to the 
United States.
    SRNRA is the abbreviation for the Smith River National Recreation 
Area, located within the Six Rivers National Forest, California.



Sec. 292.62  Valid existing rights.

    (a) Definition. For the purposes of this subpart, 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 within the SRNRA in 
``wild'' segments of the Wild and Scenic Smith River, Middle Fork Smith 
River, North Fork Smith River, Siskiyou Fork Smith River, South Fork 
Smith River, and their designated tributaries, except Peridotite Creek, 
Harrington Creek, and the lower 2.5 miles of Myrtle Creek, which:
    (i) Were properly located prior to January 19, 1981;
    (ii) Were properly maintained thereafter under the applicable law;
    (iii) Were supported by a discovery of a valuable mineral deposit 
within the meaning of the United States mining laws prior to January 19, 
1981, which discovery has been continuously maintained since that date; 
and
    (iv) Continue to be valid.
    (2) For Siskiyou Wilderness. The rights associated with all mining 
claims on National Forest System lands within the SRNRA in the Siskiyou 
Wilderness except, those within the Gasquet-Orleans Corridor addition or 
those rights covered by paragraph (a)(1) of this section which:
    (i) Were properly located prior to September 26, 1984;
    (ii) Were properly maintained thereafter under the applicable law;
    (iii) Were supported by a discovery of a valuable mineral deposit 
within the meaning of the United States mining laws prior to September 
26, 1984, which discovery has been continuously maintained since that 
date; and
    (iv) Continue to be valid.
    (3) For all other lands. The rights associated with all mining 
claims on National Forest System lands in that portion of the SRNRA not 
covered by paragraph (a)(1) or (a)(2) of this section which:
    (i) Were properly located prior to November 16, 1990;
    (ii) Were properly maintained thereafter under the applicable law;
    (iii) Were supported by a discovery of a valuable mineral deposit 
within the meaning of the United States mining laws prior to November 
16, 1990, which discovery has been continuously maintained since that 
date; and
    (iv) Continue to be valid.
    (b) Operations to confirm discovery. The authorized officer shall 
authorize those mineral operations that may be necessary for the purpose 
of gathering information to confirm or otherwise demonstrate the 
discovery of a valuable mineral deposit consistent with the definition 
in paragraph (a) of this section or to obtain evidence for a contest 
hearing regarding the claim's validity, upon receipt of a proposed plan 
of operations as defined in Sec. 292.63 of this subpart to conduct such 
operations and of sufficient information from the operator to show an 
exposure of valuable minerals on a claim that predates the withdrawal of 
the federal land from the operation of the United States mining laws. 
The authorized officer shall authorize only those operations that may be 
necessary to confirm or demonstrate the discovery of a valuable mineral 
deposit prior to the date of withdrawal of the federal land on which the 
claim is situated. Pursuant to this paragraph, the authorized officer 
shall not authorize any operations which would constitute prospecting, 
exploration, or otherwise uncovering or discovering a valuable mineral 
deposit.

[[Page 379]]

                           Locatable Minerals



Sec. 292.63  Plan of operations--supplementary requirements.

    (a) Applicability. In 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 SRNRA 
involves mechanical or motorized equipment, including a suction dredge 
and/or sluice.
    (b) Information to support valid existing rights. A proposed plan of 
operations within the SRNRA must include at least the following 
information on the existence of valid existing rights:
    (1) The mining claim recordation serial number assigned by the 
Bureau of Land Management;
    (2) A copy of the original location notice and conveyance deeds, if 
ownership has changed since the date of location;
    (3) A copy of affidavits of assessment work or notices of intention 
to hold the mining claim since the date of recordation with the Bureau 
of Land Management;
    (4) Verification by the Bureau of Land Management that the holding 
or maintenance fees have been paid or have been exempted;
    (5) Sketches or maps showing the location of past and present 
mineral workings on the claims and information sufficient to locate and 
define the mining claim corners and boundaries on the ground;
    (6) An identification of the valuable mineral that has been 
discovered;
    (7) An identification of the site within the claims where the 
deposit has been discovered and exposed;
    (8) Information on the quantity and quality of the deposit including 
copies of assays or test reports, the width, locations of veins, the 
size and extent of any deposit; and
    (9) Existing evidence of past and present sales of the valuable 
mineral.
    (c) Minimum information on proposed operations. In addition to the 
requirements of paragraph (b) of this section, a plan of operations must 
include the information required at Secs. 228.4 (c)(1) through (c)(3) of 
this chapter which includes information about the proponent and a 
detailed description of the proposed operation. In addition, if the 
operator and claim owner are different, the operator must submit a copy 
of the authorization or agreement under which the proposed operations 
are to be conducted. A plan of operations must also address the 
environmental requirements of Sec. 228.8 of this chapter which includes 
reclamation. In addition, a plan of operations also must include the 
following:
    (1) An identification of the hazardous materials and any other toxic 
materials, petroleum products, insecticides, pesticides, and herbicides 
that will be used during the mineral operation, and the proposed means 
for disposing of such substances;
    (2) An identification of the character and composition of the 
mineral wastes that will be used or generated and a proposed method or 
strategy for their placement, control, isolation, or removal; and
    (3) An identification of how public health and safety are to be 
maintained.



Sec. 292.64  Plan of operations--approval.

    (a) Timeframe for review. Except as 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 valid 
existing rights and notify the operator in writing within 60 days of one 
of the following situations:
    (1) That sufficient information on valid existing rights has been 
provided and the anticipated date by which the valid existing rights 
determination will be completed, which shall not be more than 2 years 
after the date of notification; unless the authorized officer, upon 
finding of good cause with written notice and explanation to the 
operator, extends the time period for completion of the valid existing 
rights determination.
    (2) That the operator has failed to provide sufficient information 
to review a claim of valid existing rights and, therefore, the 
authorized officer has no obligation to evaluate whether the operator 
has valid existing rights or to process the operator's proposed plan of 
operations.

[[Page 380]]

    (b)(1) If the authorized officer concludes that there is not 
sufficient evidence of valid existing rights, the officer shall so 
notify the operator in writing of the reasons for the determination, 
inform the operator that the proposed mineral operation cannot be 
conducted, advise the operator that the Forest Service will promptly 
notify the Bureau of Land Management of the determination and request 
the initiation of a mineral contest action against the pertinent mining 
claim, and advise the operator that further consideration of the 
proposed plan of operations is suspended pending final action by the 
Department of the Interior on the operator's claim of valid existing 
rights and any final judicial review thereof.
    (2) If the authorized officer concludes that there is not sufficient 
evidence of valid existing rights, the authorized officer also shall 
notify promptly the Bureau of Land Management of the determination and 
request the initiation of a mineral contest action against the pertinent 
mining claims.
    (c) An authorized officer's decision pursuant to paragraph (b) of 
this section that there is not sufficient evidence of valid existing 
rights is not subject to further agency or Department of Agriculture 
review or administrative appeal.
    (d) The authorized officer shall notify the operator in writing that 
the review of the remainder of the proposed plan will proceed if:
    (1) The authorized officer concludes that there is sufficient 
evidence of valid existing rights;
    (2) Final agency action by the Department of the Interior determines 
that the applicable mining claim constitutes a valid existing right; or
    (3) Final judicial review of final agency action by the Department 
of the Interior finds that the applicable mining claim constitutes a 
valid existing right.
    (e) Upon completion of the review of the plan of operations, the 
authorized officer shall ensure that the minimum information required by 
Sec. 292.63(c) of this subpart has been addressed and, pursuant to 
Sec. 228.5(a) of this chapter, notify the operator in writing whether or 
not the plan of operations is approved.
    (f) If the plan of operations is not approved, the authorized 
officer shall explain in writing why the plan of operations cannot be 
approved.
    (g) If the plan of operations is approved, the authorized officer 
shall establish a time period for the proposed operations which shall be 
for the minimum amount of time reasonably necessary for a prudent 
operator to complete the mineral development activities covered by the 
approved plan of operations.
    (h) An approved plan of operations is subject to review and 
modification as follows:
    (1) To bring the plan into conformance with changes in applicable 
federal law or regulation; or
    (2) To respond to new information not available at the time the 
authorized officer approved the plan, for example, new listings of 
threatened or endangered species; or
    (3) To correct errors or omissions made at the time the plan was 
approved, for example, to ensure compliance with applicable federal law 
or regulation; or
    (4) To permit operations requested by the operator that differ in 
type, scope, or duration from those in an approved plan of operations 
but that are not subject to paragraph (i) of this section.
    (i) If an operator desires to conduct operations that differ in 
type, scope, or duration from those in an approved plan of operations, 
and if those changes will result in resource impacts not anticipated 
when the original plan was approved, the operator must submit a 
supplemental plan or a modification of the plan for review and approval.



Sec. 292.65  Plan of operations--suspension.

    (a) The authorized officer may suspend mineral 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 that present a threat of imminent harm to public 
health, safety, or the environment, or where such harm is already 
occurring, the authorized officer may take immediate action to stop the 
threat or damage without prior notice. In such case,

[[Page 381]]

written notice and explanation of the action taken shall be given the 
operator as soon as reasonably practicable following the suspension.
    (2) In those cases that do not present a threat of imminent harm to 
public health, safety, or the environment, the authorized officer must 
first notify the operator in writing of the basis for the suspension and 
provide the operator with reasonably sufficient time to respond to the 
notice of the authorized officer or to bring the mineral operations into 
conformance with applicable laws, regulations, or the terms and 
conditions of the approved plan of operations.
    (b) Except as otherwise provided in this section, the authorized 
officer shall notify the operator not less than 30 days prior to the 
date of the proposed suspension.

                       Outstanding Mineral Rights



Sec. 292.66  Operating plan requirements--outstanding mineral rights.

    (a) Proposals for 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 for operations involving outstanding mineral 
rights within the SRNRA must include the following:
    (1) The name and legal mailing address of the operator, owner, and 
any lessees, assigns, and designees;
    (2) A copy of the deed or other legal instrument that conveyed the 
outstanding mineral rights;
    (3) Sketches or maps showing the location of the outstanding mineral 
rights, the proposed area of operations, including, but not limited to, 
existing and/or proposed roads or access routes identified for use, any 
new proposed road construction, and the approximate location and size of 
the areas to be disturbed, including existing or proposed structures, 
facilities, and other improvements to be used;
    (4) A description of the type of operations which includes, at a 
minimum, a list of the type, size, location, and number of structures, 
facilities, and other improvements to be used;
    (5) An identification of the hazardous materials and any other toxic 
materials, petroleum products, insecticides, pesticides, and herbicides 
that will be used during the mineral operation and the proposed means 
for disposing of such substances;
    (6) An identification of the character and composition of the 
mineral wastes that will be used or generated and a proposed method or 
strategy for their placement, control, isolation, remediation, or 
removal; and
    (7) A reclamation plan to reduce or control on-site and off-site 
damage to natural resources resulting from mineral operations. The plan 
must:
    (i) Provide reclamation to the extent practicable;
    (ii) Show how public health and safety are maintained;
    (iii) Identify and describe reclamation measures to include, but not 
limited to, the following:
    (A) Reduction and/or control of erosion, landslides, and water 
runoff;
    (B) Rehabilitation of wildlife and fisheries habitat to be disturbed 
by the proposed mineral operation; and
    (C) Protection of water quality.
    (iv) Demonstrate how the area of surface disturbance will be 
reclaimed to a condition or use that is consistent with the Six Rivers 
National Forest Land and Resource Management Plan.



Sec. 292.67  Operating plan approval--outstanding mineral rights.

    (a) Upon receipt of 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) Sufficient information on ownership of the outstanding mineral 
rights has been provided; or
    (2) Sufficient information on ownership of outstanding mineral 
rights has not been provided, including an explanation of the specific 
information that still needs to be provided, and that no further action 
on the plan of operations will be taken until the authorized officer's 
receipt of the specified information.
    (b) If the review shows outstanding mineral rights have not been 
verified, the authorized officer must notify the operator in writing 
that outstanding

[[Page 382]]

mineral rights have not been verified, explain the reasons for such a 
finding, and that the proposed mineral operation cannot be conducted.
    (c) If the review shows that outstanding mineral rights have been 
verified, the authorized officer must notify the operator in writing 
that outstanding mineral rights have been verified and that review of 
the proposed operating plan will proceed.
    (d) The authorized officer shall review the operating plan to 
determine if all of the following criteria are met:
    (1) The operating plan is consistent with the rights granted by the 
deed;
    (2) The operating plan is consistent with the Six Rivers National 
Forest Land and Resource Management Plan; and
    (3) The operating plan uses only so much of the surface as is 
necessary for the proposed mineral operations.
    (e) Upon completion of the review of the operating plan, the 
authorized officer shall notify the operator in writing of one of the 
following:
    (1) The operating plan meets all of the criteria of paragraphs 
(d)(1) through (d)(3) of this section and, therefore, is approved;
    (2) The operating plan does not meet one or more of the criteria in 
paragraphs (d)(1) through (d)(3) of this section. Where feasible, the 
authorized officer may indicate changes to the operating plan that would 
satisfy the criteria in paragraphs (d)(1) through (d)(3) of this section 
and, thus, if accepted by the operator, would result in approval of the 
operating plan.
    (f) To conduct mineral operations beyond those described in an 
approved operating plan, the owner or lessee must submit, in writing, an 
amended operating plan to the authorized officer at the earliest 
practicable date. New operations covered by the proposed amendment may 
not begin until the authorized officer has reviewed and responded in 
writing to the proposed amendment. The authorized officer shall review a 
proposed amendment of an approved operating plan to determine that the 
criteria in paragraphs (d)(1) through (d)(3) of this section are met.

                            Mineral Materials



Sec. 292.68  Mineral material operations.

    Subject to the provisions of part 228, subpart 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 to, common varieties of gravel, sand, or stone. However, such 
contracts and permits may be approved only if the material is not within 
a designated wilderness area and is to be used for the construction and 
maintenance of roads and other facilities within the SRNRA or the four 
excluded areas identified by the Act.

                            Other Provisions



Sec. 292.69  Concurrent reclamation.

    Plans of operations involving locatable minerals, operating plans 
involving outstanding mineral rights, and contracts or permits for 
mineral materials should all provide, to the maximum extent practicable, 
that reclamation proceed concurrently with the mineral operation.



Sec. 292.70  Indemnification.

    The owner and/or operator of mining claims and the owner and/or 
lessee of outstanding mineral rights are jointly and severally liable in 
accordance with Federal and State laws for indemnifying the United 
States for the following:
    (a) Costs, damages, claims, liabilities, judgments, injury and loss, 
including those incurred from fire suppression efforts, and 
environmental response actions and cleanup and abatement costs incurred 
by the United States and arising from past, present, and future acts or 
omissions of the owner, operator, or lessee in connection with the use 
and occupancy of the unpatented mining claim and/or mineral operation. 
This includes acts or omissions covered by Federal, State, and local 
pollution control and environmental statutes and regulations.
    (b) Payments made by the United States in satisfaction of claims, 
demands, or judgments for an injury, loss, damage, or costs, including 
for fire suppression and environmental response action and cleanup and 
abatement costs, which result from past,

[[Page 383]]

present, and future acts or omissions of the owner, operator, or lessee 
in connection with the use and occupancy of the unpatented mining claim 
and/or mineral operations.
    (c) Costs incurred by the United States for any action resulting 
from noncompliance with an approved plan of operations or activities 
outside an approved operating plan.



PART 293--WILDERNESS--PRIMITIVE AREAS--Table of Contents




Sec.
293.1  Definition.
293.2  Objectives.
293.3  Control of uses.
293.4  Maintenance of records.
293.5  Establishment, modification, or elimination.
293.6  Commercial enterprises, roads, motor vehicles, motorized 
          equipment, motorboats, aircraft, aircraft landing facilities, 
          airdrops, structures, and cutting of trees.
293.7  Grazing of livestock.
293.8  Permanent structures and commercial services.
293.9  [Reserved]
293.10  Jurisdiction over wildlife and fish.
293.11  Water rights.
293.12  Access to surrounded State and private lands.
293.13  Access to valid occupancies.
293.14  Mineral leases and mineral permits.
293.15  Gathering information about resources other than minerals.
293.16  Special provisions governing the Boundary Waters Canoe Area 
          Wilderness, Superior National Forest, Minnesota.
293.17  National Forest Primitive Areas.

    Authority: 16 U.S.C. 551, 1131-1136 and 92 Stat. 1649.

    Source: 38 FR 5855, Mar. 5, 1973, unless otherwise noted.



Sec. 293.1  Definition.

    National Forest Wilderness shall consist of those units of the 
National Wilderness Preservation System which at least 30 days 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), the Boundary Waters Canoe Area as designated 
under Regulation U-3 (Sec. 294.1), and such other areas of the National 
Forests as may later be added to the System by act of Congress. Sections 
293.1 to 293.15 apply to all National Forest units now or hereafter in 
the National Wilderness Preservation System, including the Boundary 
Waters Canoe Area, Superior National Forest, except as that area is 
subject to Sec. 293.16.



Sec. 293.2  Objectives.

    Except as otherwise provided in the regulations in this part, 
National Forest Wilderness shall be so administered as to 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 it may have been established in such a 
manner as to preserve and protect its wilderness character. In carrying 
out such purposes, National Forest Wilderness resources shall be managed 
to promote, perpetuate, and, where necessary, restore the wilderness 
character of the land and its specific values of solitude, physical and 
mental challenge, scientific study, inspiration, and primitive 
recreation. To that end:
    (a) Natural ecological succession will be allowed to operate freely 
to the extent feasible.
    (b) Wilderness will be made available for human use to the optimum 
extent consistent with the maintenance of primitive conditions.
    (c) In resolving conflicts in resource use, wilderness values will 
be dominant to the extent not limited by the Wilderness Act, subsequent 
establishing legislatiion, or the regulations in this part.



Sec. 293.3  Control of uses.

    (a) To the extent not limited by the Wilderness Act, subsequent 
legislation establishing a particular unit, or the regulations in 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 the health and safety of persons or damage to 
property and may require permits for, or otherwise limit or regulate, 
any use of National Forest land, including, but not limited to, camping, 
campfires, and grazing of recreation livestock.

[[Page 384]]

    (b) For all prohibitions in National Forest Wildernesses, see part 
261 of this chapter.
[38 FR 5855, Mar. 5, 1973, as amended at 42 FR 35959, July 13, 1977]



Sec. 293.4  Maintenance of records.

    The Chief, Forest Service, in accordance with section 3(a)(2) of the 
Wilderness Act, shall establish uniform procedures and standards for the 
maintenance and availability to the public of records pertaining to 
National Forest Wilderness, including maps and legal descriptions; 
copies of regulations governing Wilderness; and copies of public notices 
and reports submitted to Congress regarding pending additions, 
eliminations, or modifications. Copies of such information pertaining to 
National Forest Wilderness within their respective jurisdictions shall 
be available to the public in the appropriate offices of the Regional 
Foresters, Forest Supervisors, and Forest Rangers.



Sec. 293.5  Establishment, modification, or elimination.

    National Forest Wilderness will be established, modified, or 
eliminated in accordance with the 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 public 
hearings, and notifying the Governors of the States concerned and the 
governing board of each county in which the lands involved are located.
    (a) At least 30 days' public notice shall be given of the proposed 
action and intent to hold a public hearing. Public notice shall include 
publication in the Federal Register and in a newspaper of general 
circulation in the vicinity of the land involved.
    (b) Public hearings shall be held at locations convenient to the 
area affected. If the land involved is in more than one State, at least 
one hearing shall be held in each State in which a portion of the land 
lies.
    (c) A record of the public hearing and the views submitted 
subsequent to public notice and prior to the close of the public hearing 
shall be included with any recommendations to the President and to the 
Congress with respect to any such action.
    (d) At least 30 days before the date of the public hearing, suitable 
advice shall be furnished to the Governor of each State and the 
governing board of each county or, in Alaska, the borough in which the 
lands are located, and Federal departments and agencies concerned; and 
such officers or Federal agencies shall be invited to submit their views 
on the proposed action at the hearing or in writing by not later than 30 
days following the date of the hearing. Any views submitted in response 
to such advice with respect to any proposed Wilderness action shall be 
included with any recommendations to the President and to the Congress 
with respect to any such action.



Sec. 293.6  Commercial enterprises, roads, motor vehicles, motorized equipment, motorboats, aircraft, aircraft landing facilities, airdrops, structures, and 
          cutting of trees.

    Except as provided in the Wilderness Act, subsequent legislation 
establishing a particular Wilderness unit, or Secs. 294.2(b), 294.2(c), 
and 294.2(e), paragraphs (c) and (d) of this section, and Secs. 293.7, 
293.8, and 293.12 through 293.16, inclusive, and subject to existing 
rights, there shall be in National Forest Wilderness no commercial 
enterprises; no temporary or permanent roads; no aircraft landing 
strips; no heliports or helispots, no use of motor vehicles, motorized 
equipment, motorboats, or other forms of mechanical transport; no 
landing of aircraft; no dropping of materials, supplies, or persons from 
aircraft; no structures or installations; and no cutting of trees for 
nonwilderness purposes.
    (a) Mechanical transport, as herein used, shall include any 
contrivance which travels over ground, snow, or water on wheels, tracks, 
skids, or by floatation and is propelled by a nonliving power source 
contained or carried on or within the device.
    (b) Motorized equipment, as herein used, shall include any machine 
activated by a nonliving power source, except that small battery-
powered, hand-carried devices such as flashlights, shavers, and Geiger 
counters are not classed as motorized equipment.

[[Page 385]]

    (c) The Chief, Forest Service, may authorize occupancy and use of 
National Forest land by officers, employees, agencies, or agents of the 
Federal, State, and county governments to carry out the purposes of the 
Wilderness Act and will prescribe conditions under which motorized 
equipment, mechanical transport, aircraft, aircraft landing strips, 
heliports, helispots, installations, or structures may be used, 
transported, or installed by the Forest Service and its agents and by 
other Federal, State, or county agencies or their agents, to meet the 
minimum requirements for authorized activities to protect and administer 
the Wilderness and its resources. The Chief may also prescribe the 
conditions under which such equipment, transport, aircraft, 
installations, or structures may be used in emergencies involving the 
health and safety of persons, damage to property, or other purposes.
    (d) The Chief, Forest Service, may permit, subject to such 
restrictions as he deems desirable, the landing of aircraft and the use 
of motorboats at places within any Wilderness where these uses were 
established prior to the date the Wilderness was designated by Congress 
as a unit of the National Wilderness Preservation System. The Chief may 
also permit the maintenance of aircraft landing strips, heliports, or 
helispots which existed when the Wilderness was designated by Congress 
as a unit of the National Wilderness Preservation System.



Sec. 293.7  Grazing of livestock.

    (a) The grazing of livestock, where such use was established before 
the date of legislation which includes an area in the National 
Wilderness Preservation System, shall be permitted to continue under the 
general regulations covering grazing of livestock on the National 
Forests and in accordance with special provisions covering grazing use 
in units of National Forest Wilderness which the Chief of the Forest 
Service may prescribe for general application in such units or may 
arrange to have prescribed for individual units.
    (b) The Chief, Forest Service, may permit, subject to such 
conditions as he deems necessary, the maintenance, reconstruction, or 
relocation of those livestock management improvements and structures 
which existed within a Wilderness when it was incorporated into the 
National Wilderness Preservation System. Additional improvements or 
structures may be built when necessary to protect wilderness value.



Sec. 293.8  Permanent structures and commercial services.

    Motels, summer homes, stores, resorts, organization camps, hunting 
and fishing lodges, electronic installations, and similar structures and 
uses are prohibited in National Forest Wilderness. The Chief, Forest 
Service, may permit temporary structures and commercial services within 
National Forest Wilderness to the extent necessary for realizing the 
recreational or other wilderness purposes, which may include, but are 
not limited to, the public services generally offered by packers, 
outfitters, and guides.



Sec. 293.9  [Reserved]



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.



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 Department of Agriculture as 
to exemption from State water laws.



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]



Sec. 293.13  Access to valid occupancies.

    Persons with valid occupancies wholly within National Forest 
Wilderness shall be permitted access to such surrounded occupancies by 
means consistent with the preservation of National Forest Wilderness 
which have been or

[[Page 386]]

are being customarily used with respect to other such occupancies 
surrounded by National Forest Wilderness. The Forest Service will, when 
appropriate, issue permits which shall prescribe the routes of travel to 
and from the surrounded occupancies, the mode of travel, and other 
conditions reasonably necessary to preserve the National Forest 
Wilderness.
[39 FR 31321, Aug. 28, 1974]



Sec. 293.14  Mineral leases and mineral permits.

    (a) All laws pertaining to mineral leasing shall extend to each 
National Forest Wilderness for the 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 
as a part of the National Wilderness Preservation System. No person 
shall have any right or interest in or to any mineral deposits which may 
be discovered through prospecting or other information-gathering 
activity after the legal date on which the laws pertaining to mineral 
leasing cease to apply to the specific Wilderness, nor shall any person 
after such date have any preference in applying for a mineral lease, 
license, or permit.
    (b) Mineral leases, permits, and licenses covering lands within 
National Forest Wilderness will contain reasonable stipulations for the 
protection of the wilderness character of the land consistent with the 
use of the land for purposes for which they are leased, permitted, or 
licensed. The Chief, Forest Service, shall specify the conditions to be 
included in such stipulations.
    (c) Permits shall not be issued for the removal of mineral materials 
commonly known as common varieties under the Minerals Act of July 31, 
1947, as amended and supplemented (30 U.S.C. 601-604).
[39 FR 31321, Aug. 28, 1974]



Sec. 293.15  Gathering information about resources other than minerals.

    (a) The Chief, Forest Service, shall allow any activity, for the 
purposes of 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 manner compatible with 
the preservation of the wilderness environment. Prospecting for minerals 
or any activity for the purpose of gathering information about minerals 
in National Forest Wilderness is subject to the regulations in part 252 
of this chapter.
    (b) [Reserved]
    (c) Any person desiring to use motorized equipment, to land 
aircraft, or to make substantial excavations for the purpose of 
gathering information about resources, other than minerals, shall apply 
in writing to the Office of the Forest Supervisor or District Ranger 
having jurisdiction over the land involved. Excavations shall be 
considered substantial which singularly or collectively exceed 200 cubic 
feet within any area which can be bounded by a rectangle containing 20 
surface acres. Such use or excavation may be authorized by a permit 
issued by the Forest Service. Such permits may provide for the 
protection of National Forest resources, including wilderness values, 
protection of the public, and restoration of disturbed areas, including 
the posting of performance bonds.
    (d) Prospecting for water resources and the establishment of new 
reservoirs, water-conservation works, power projects, transmission 
lines, and other facilities needed in the public interest and the 
subsequent maintenance of such facilities, all pursuant to section 
(4)(d)(4)(1) of the Wilderness Act, will be permitted when and as 
authorized by the President.
[39 FR 31321, Aug. 28, 1974, as amended at 42 FR 35960, July 13, 1977]



Sec. 293.16  Special provisions governing the Boundary Waters Canoe Area Wilderness, Superior National Forest, Minnesota.

    (a) Motorboat use. (1) 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 propeller 
below the waterline.
    (2) Motorboats may operate without restrictions on motor size or 
number of motors on Sand Point Lake, Little Vermilion Lake, Loon Lake, 
Loon

[[Page 387]]

River, and that portion of Lac La Croix which lies south of Snow Bay and 
east of Wilkins Bay, all in Saint Louis County.
    (3) Motorboats with a motor or combination of motors totaling no 
more than 25 horsepower may operate on Trout Lake in Saint Louis County, 
Fall Lake, Moose Lake, Newfound Lake, Newton Lake, Sucker Lake, Snowbank 
Lake, South Farm Lake, and Basswood Lake, except that portion of 
Basswood Lake generally north of the narrows at the north end of 
Jackfish Bay and north of a point on the International Boundary between 
Ottawa Island and Washington Island, all in Lake County, and East 
Bearskin Lake and Saganaga Lake, except that portion west of American 
Point in Cook County.
    (4) Motorboats with a motor or combination of motors totaling no 
more than 10 horsepower may operate on Clearwater Lake, North Fowl Lake, 
South Fowl Lake, Alder Lake, Canoe Lake, Sea Gull Lake, and Island River 
east of Lake Isabella, all in Lake County, except that motorboats may 
not operate--
    (i) After January 1, 1999 on that portion of Sea Gull Lake west of 
Threemile Island, and
    (ii) After January 1, 1994, on Brule Lake in Cook County or until 
the termination of the operation of the resort adjacent to Brule Lake in 
operation as of 1977, whichever occurs first.
    (5) Motorboats with a combination of motors that exceed 25 
horsepower may travel on that portion of Saganaga Lake in Cook County 
described as the Saganaga Corridor extending from the Saganaga Narrows 
north to the International Boundary east of Campers, Clark and Horseshoe 
Islands and west of Oskenonton Island; provided that the motor or motors 
in operation at one time do not exceed 25 horsepower.
    (b) Mechanical and mechanized portages. (1) BWCA visitors may use 
portage wheels and other non-motorized devices to transport watercraft 
over the following routes:
    (i) The portages along the International Boundary.
    (ii) Four Mile Portage from Fall Lake to Hoist Bay of Basswood Lake.
    (iii) The portage from Back Bay to Pipestone Bay of Basswood Lake.
    (iv) The portages from Fall Lake to Newton Lake to Pipestone Bay of 
Basswood Lake.
    (v) The portage from Vermilion Lake to Trout Lake.
    (2) The Forest Service may authorize, by special use permit, the use 
of motor vehicles to transport watercraft over the following portages:
    (i) Four Mile Portage From Fall Lake to Hoist Bay of Basswood Lake.
    (ii) Vermilion Lake to Trout Lake.
    (iii) Prairie Portage from Sucker Lake to Basswood Lake
    (iv) Loon River to Loon Lake and from Loon Lake to Lac La Croix.
    (c) Snowmobile use. (1) A snowmobile is defined as a self-propelled, 
motorized vehicle not exceeding forty inches in width designed to 
operate on ice and snow, having a ski or skiis in contact with the snow 
and driven by a track or tracks.
    (2) The Forest Service permits use of snowmobiles only on the 
following routes:
    (i) The overland portages in Saint Louis County from Crane Lake to 
Little Vermilion Lake in Canada.
    (ii) The route in Cook County from Sea Gull River along the eastern 
portion of Saganage Lake to Canada.
    (3) The Forest Service may issue special-use authorizations to use 
snowmobiles for the grooming of specified cross-country ski trails near 
existing resorts.
[50 FR 16231, Apr. 25, 1985]



Sec. 293.17  National Forest Primitive Areas.

    (a) Within those areas of National Forests classified as Primitive 
on the effective date of the Wilderness Act, 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 for 
hotels, stores, resorts, summer homes, organization camps, hunting and 
fishing lodges, or similar uses: Provided, That existing roads over 
National Forest lands reserved from the public domain and roads 
necessary for the exercise of a statutory right of ingress and egress 
may be allowed

[[Page 388]]

under appropriate conditions determined by the Chief, Forest Service.
    (b) Grazing of domestic livestock, development of water storage 
projects which do not involve road construction, and improvements 
necessary for the protection of the National Forests may be permitted, 
subject to such restrictions as the Chief, Forest Service, deems 
desirable. Within Primitive Areas, when the use is for other than 
administrative needs of the Forest Service, use by other Federal 
agencies when authorized by the Chief, and in emergencies, the landing 
of aircraft and the use of motorboats are prohibited on National Forest 
land or water unless such use by aircraft or motorboats has already 
become well established, the use of motor vehicles is prohibited, and 
the use of other motorized equipment is prohibited except as authorized 
by the Chief. These restrictions are not intended as limitations on 
statutory rights of ingress and egress or of prospecting, locating, and 
developing mineral resources.
    (c) All prohibitions for those areas of National Forest classified 
as Primitive on the effective date of the Wilderness Act, September 3, 
1964, are in part 261.

(78 Stat. 890, 16 U.S.C. 1131-1136; 74 Stat. 215, 16 U.S.C. 528-531)

[38 FR 5855, Mar. 5, 1973, as amended at 42 FR 35960, July 13, 1977]



PART 294--SPECIAL AREAS--Table of Contents




Sec.
294.1  Recreation areas.
294.2  Navigation of aircraft within airspace reservation over the 
          Boundary Waters Canoe Area Wilderness, Superior National 
          Forest, Minnesota.



Sec. 294.1  Recreation areas.

    Suitable areas 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:
    (a) Areas which should be managed principally for recreation use 
substantially in their natural condition and on which, in the discretion 
of the officer making the classification, certain other uses may or may 
not be permitted may be approved and classified by the Chief of the 
Forest Service or by such officers as he may designate if the particular 
area is less than 100,000 acres. Areas of 100,000 acres or more will be 
approved and classified by the Secretary of Agriculture.
    (b) Areas which should be managed for public recreation requiring 
development and substantial improvements may be given special 
classification as public recreation areas. Areas in single tracts of not 
more than 160 acres may be approved and classified by the Chief of the 
Forest Service or by such officers as he may designate. Areas in excess 
of 160 acres will be classified by the Secretary of Agriculture. 
Classification hereunder may include areas used or selected to be used 
for the development and maintenance as camp grounds, picnic grounds, 
organization camps, resorts, public service sites (such as for 
restaurants, filling stations, stores, horse and boat liveries, garages, 
and similar types of public service accommodations), bathing beaches, 
winter sports areas, lodges, and similar facilities and appurtenant 
structures needed by the public to enjoy the recreaton resources of the 
national forests. The boundaries of all areas so classified shall be 
clearly marked on the ground and notices of such classification shall be 
posted at conspicuous places thereon. Areas classified under this 
section shall thereby be set apart and reserved for public recreation 
use and such classification shall constitute a formal closing of the 
area to any use or occupancy inconsistent with the classification.

(Sec. 1, 30 Stat. 35, as amended, 62 Stat. 100, sec. 1, 33 Stat. 628; 16 
U.S.C. 551, 472)

[38 FR 5859, Mar. 5, 1973]



Sec. 294.2  Navigation of aircraft within airspace reservation over the Boundary Waters Canoe Area Wilderness, Superior 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, Lake, 
and St. Louis, State of Minnesota, within the exterior boundaries of the 
Superior National

[[Page 389]]

Forest, which have heretofore been designated by the Secretary of 
Agriculture as the Superior Roadless Area, the Little Indian Sioux 
Roadless Area, and the Caribou Roadless Area, respectively, and to the 
airspace over said areas and below the altitude of 4,000 feet above sea 
level. Said areas are more particularly described in the Executive order 
setting apart said airspace as an airspace reservation (E.O. 10092, Dec. 
17, 1949; 3 CFR 1949 Supp.). Copies of said Executive order may be 
obtained on request from the Forest Supervisor, Superior National 
Forest, Duluth, Minnesota (hereinafter called Forest Supervisor).
    (b) Emergency landing and rescue operations. The pilot of any 
aircraft landing within any of said areas for reasons of emergency or 
for conducting rescue operations, shall inform the Forest Supervisor 
within seven days after the termination of the emergency or the 
completion of the rescue operation as to the date, place, and duration 
of landing, and the type and registration number of the aircraft.
    (c) Low flights. Any person making a flight within said airspace 
reservation for reasons of safety or for conducting rescue operations 
shall inform the Forest Supervisor within seven days after the 
completion of the flight or the rescue operation as to the date, place, 
and duration of flight, and the type and registration number of the 
aircraft.
    (d) Official flights. The provisions of Secs. 294.2(b) and 294.2(c) 
do not apply to flights made for conducting or assisting in the conduct 
of official business of the United States, of the State of Minnesota or 
of Cook, St. Louis, or Lake Counties, Minnesota.
    (e) Conformity with law. Nothing in these regulations shall be 
construed as permitting the operation of aircraft contrary to the 
provisions of the Civil Aeronautics Act of 1938 (52 Stat. 973), as 
amended, or any rule, regulation or order issued thereunder.

(16 U.S.C. 1131; 16 U.S.C. 472)

[38 FR 5859, Mar. 5, 1973, as amended at 50 FR 16232, Apr. 25, 1985]



PART 295--USE OF MOTOR VEHICLES OFF FOREST DEVELOPMENT ROADS--Table of Contents




Sec.
295.1  Applicability.
295.2  Planning and designation for use of vehicles off forest 
          development roads.
295.3  Public participation.
295.4  Public information.
295.5  Monitoring effects of vehicle use off forest development roads.
295.6  Revision of off-road vehicle management plans.

    Authority: 30 Stat. 35, as amended (16 U.S.C. 551): 50 Stat. 525, as 
amended (7 U.S.C. 1011): E.O. 11644, 11989 (42 FR 26959).

    Source: 43 FR 20006, May 10, 1978, unless otherwise noted.



Sec. 295.1  Applicability.

    The regulations in the following parts pertain to administrative 
designation and location of specific areas and trails of National Forest 
System lands on which the use of vehicles traveling off National Forest 
development roads is allowed, restricted or prohibited. Prohibitions 
regarding use of vehicles off roads is provided in 36 CFR part 261.



Sec. 295.2  Planning and designation for use of vehicles off forest development roads.

    (a) On National Forest System lands, the 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 
with appropriate Federal, State and local agencies. The planning process 
will analyze and evaluate current and potential impacts arising from 
operation of specific vehicle types on soil, water, vegetation, fish and 
wildlife, forest visitors and cultural and historic resources. If the 
analysis indicates that the use of one or more vehicle types off roads 
will cause considerable adverse effects on the resources or other forest 
visitors, use of the affected areas and trails by the vehicle type or 
types likely to cause such adverse effects will be restricted or 
prohibited until such time as the adverse effects can be eliminated as 
provided in 36 CFR part 261.

[[Page 390]]

    (b) Off-road vehicle management plans shall provide vehicle 
management direction aimed at resource protection, public safety of all 
users, minimizing conflicts among users, and provide for diverse use and 
benefits of the National Forests. Designation of areas and trails shall 
be in accordance with the following:
    (1) Areas and trails shall be located to minimize damage to soil, 
watershed, vegetation, or other resources of the public lands.
    (2) Areas and trails shall be located to minimize harassment of 
wildlife or significant disruption of wildlife habitats.
    (3) Areas and trails shall be located to minimize conflicts between 
off-road vehicle use and other existing or proposed recreational uses of 
the same or neighboring public lands, and to ensure the compatibility of 
such uses with existing conditions in populated areas, taking into 
account noise and other factors.
    (4) Areas and trails shall not be located in officially designated 
Wilderness Areas or Primitive Areas.

However, this does not preclude the use of any fire, military, 
emergency, or law enforcement vehicle for emergency purposes, or the use 
of any combat or combat support vehicle for national defense purposes, 
or registered motorboats, or vehicle use expressly authorized by the 
Chief, Forest Service, under a permit, lease, license, or contract.



Sec. 295.3  Public participation.

    The public shall be provided an opportunity to participate in the 
process of allowing, restricting, or 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 of 
proposed or revised designations. In emergency situations, temporary 
designations up to one year in length may be made or revised without 
public participation if needed to protect the resources and/or to 
provide for public safety.



Sec. 295.4  Public information.

    In addition to the requirements of 36 CFR 261.51, information and 
maps will be published and made available to the public, describing:
    (a) The regulation of vehicular use.
    (b) Time periods when use is allowed, restricted or prohibited.
    (c) The type of vehicle regulated.



Sec. 295.5  Monitoring effects of vehicle use off forest development roads.

    The effects of use by specific types of vehicles off roads 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 causing or will cause considerable adverse 
effects on the factors and resource values referred to in Sec. 295.2, 
the area or trail suffering adverse effects will be immediately closed 
to the responsible vehicle type or types until the adverse effects have 
been eliminated and measures have been implemented to prevent future 
recurrence as provided in 36 CFR part 261. Forest Supervisors may 
delegate immediate closure authority to District Rangers or other forest 
officers in order to facilitate timely actions to meet these objectives. 
Designations, use restrictions, and operating conditions will be revised 
as needed to meet changing conditions.



Sec. 295.6  Revision of off-road vehicle management plans.

    Forest Supervisors will annually review off-road vehicle management 
plans and 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 in Sec. 295.3.



PART 296--PROTECTION OF ARCHAEOLOGICAL RESOURCES: UNIFORM REGULATIONS--Table of Contents




Sec.
296.1  Purpose.
296.2  Authority.
296.3  Definitions.
296.4  Prohibited acts and criminal penalties.
296.5  Permit requirements and exceptions.
296.6  Application for permits and information collection.
296.7  Notification to Indian tribes of possible harm to, or destruction 
          of, sites on

[[Page 391]]

          public lands having religious or cultural importance.
296.8  Issuance of permits.
296.9  Terms and conditions of permits.
296.10  Suspension and revocation of permits.
296.11  Appeals relating to permits.
296.12  Relationship to section 106 of the National Historic 
          Preservation Act.
296.13  Custody of archaeological resources.
296.14  Determination of archaeological or commercial value and cost of 
          restoration and repair.
296.15  Assessment of civil penalties.
296.16  Civil penalty amounts.
296.17  Other penalties and rewards.
296.18  Confidentiality of archaeological resource information.
296.19  Report.
296.20  Public awareness programs.
296.21  Surveys and schedules.

    Authority: Pub. L. 96-95, 93 Stat. 721, as amended, 102 Stat. 2983 
(16 U.S.C. 470aa-mm)(Sec. 10(a). Related Authority: Pub. L. 59-209, 34 
Stat. 225 (16 U.S.C. 432, 433); Pub. L. 86-523, 74 Stat. 220, 221 (16 
U.S.C. 469), as amended, 88 Stat. 174 (1974); Pub. L. 89-665, 80 Stat. 
915 (16 U.S.C. 470a-t), as amended, 84 Stat. 204 (1970), 87 Stat. 139 
(1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978), 94 Stat. 2987 
(1980); Pub. L. 95-341, 92 Stat. 469 (42 U.S.C. 1996).

    Source: 49 FR 1027, Jan. 6, 1984, unless otherwise noted.



Sec. 296.1  Purpose.

    (a) The regulations in this part implement provisions of the 
Archaeological Resources Protection Act 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 providing 
protection for archaeological resources, located on public lands and 
Indian lands of the United States. These regulations enable Federal land 
managers to protect archaeological resources, taking into consideration 
provisions of the American Indian Religious Freedom Act (92 Stat. 469; 
42 U.S.C. 1996), through permits authorizing excavation and/or removal 
of archaeological resources, through civil penalties for unauthorized 
excavation and/or removal, through provisions for the preservation of 
archaeological resource collections and data, and through provisions for 
ensuring confidentiality of information about archaeological resources 
when disclosure would threaten the archaeological resources.
    (b) The regulations in this part do not impose any new restrictions 
on activities permitted under other laws, authorities, and regulations 
relating to mining, mineral leasing, reclamation, and other multiple 
uses of the public lands.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]



Sec. 296.2  Authority.

    (a) The regulations in this part are promulgated pursuant to section 
10(a) of the Archaeological Resources 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 Tennessee Valley 
Authority jointly develop uniform rules and regulations for carrying out 
the purposes of the Act.
    (b) In addition to the regulations in this part, section 10(b) of 
the Act (16 U.S.C. 470ii) provides that each Federal land manager shall 
promulgate such rules and regulations, consistent with the uniform rules 
and regulations in this part, as may be necessary for carrying out the 
purposes of the Act.



Sec. 296.3  Definitions.

    As used for purposes of this part:
    (a) Archaeological resource means any material remains 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 providing scientific 
or humanistic understandings of past human behavior, cultural 
adaptation, and related topics through the application of scientific or 
scholarly techniques such as controlled observation, contextual 
measurement, controlled collection, analysis, interpretation and 
explanation.
    (2) Material remains means physical evidence of human habitation, 
occupation, use, or activity, including the site, location, or context 
in which such evidence is situated.
    (3) The followiing classes of material remains (and illustrative 
examples), if they are at least 100 years of age, are of archaeological 
interest and shall be considered archaeological resources

[[Page 392]]

unless determined otherwise pursuant to paragraph (a)(4) or (a)(5) of 
this section:
    (i) Surface or subsurface structures, shelters, facilities, or 
features (including, but not limited to, domestic structures, storage 
structures, cooking structures, ceremonial structures, artificial 
mounds, earthworks, fortifications, canals, reservoirs, horticultural/
agricultural gardens or fields, bedrock mortars or grinding surfaces, 
rock alignments, cairns, trails, borrow pits, cooking pits, refuse pits, 
burial pits or graves, hearths, kilns, post molds, wall trenches, 
middens);
    (ii) Surface or subsurface artifact concentrations or scatters;
    (iii) Whole or fragmentary tools, implements, containers, weapons 
and weapon projectiles, clothing, and ornaments (including, but not 
limited to, pottery and other ceramics, cordage, basketry and other 
weaving, bottles and other glassware, bone, ivory, shell, metal, wood, 
hide, feathers, pigments, and flaked, ground, or pecked stone);
    (iv) By-products, waste products, or debris resulting from 
manufacture or use of human-made or natural materials;
    (v) Organic waste (including, but not limited to, vegetal and animal 
remains, coprolites);
    (vi) Human remains (including, but not limited to, bone, teeth, 
mummified flesh, burials, cremations);
    (vii) Rock carvings, rock paintings, intaglios and other works of 
artistic or symbolic representation;
    (viii) Rockshelters and caves or portions thereof containing any of 
the above material remains;
    (ix) All portions of shipwrecks (including, but not limited to, 
armaments, apparel, tackle, cargo);
    (x) Any portion or piece of any of the foregoing.
    (4) The following material remains shall not be considered of 
archaeological interest, and shall not be considered to be 
archaeological resources for purposes of the Act and this part, unless 
found in a direct physical relationship with archaeological resources as 
defined in this section:
    (i) Paleontological remains;
    (ii) Coins, bullets, and unworked minerals and rocks.
    (5) The Federal land manager may determine that certain material 
remains, in specified areas under the Federal land manager's 
jurisdiction, and under specified circumstances, are not or are no 
longer of archaeological interest and are not to be considered 
archaeological resources under this part. Any determination made 
pursuant to this subparagraph shall be documented. Such determination 
shall in no way affect the Federal land manager's obligations under 
other applicable laws or regulations.
    (6) For the disposition following lawful removal or excavations of 
Native American human remains and ``cultural items'', as defined by the 
Native American Graves Protection and Repatriation Act (NAGPRA; Pub. L. 
101-601; 104 Stat. 3050; 25 U.S.C. 3001-13), the Federal land manager is 
referred to NAGPRA and its implementing regulations.
    (b) Arrowhead means any projectile point which appears to have been 
designed for use with an arrow.
    (c) Federal land manager means:
    (1) With respect to any public lands, the secretary of the 
department, or the head of any other agency or instrumentality of the 
United States, having primary management authority over such lands, 
including persons to whom such management authority has been officially 
delegated;
    (2) In the case of Indian lands, or any public lands with respect to 
which no department, agency or instrumentality has primary management 
authority, such term means the Secretary of the Interior;
    (3) The Secretary of the Interior, when the head of any other agency 
or instrumentality has, pursuant to section 3(2) of the Act and with the 
consent of the Secretary of the Interior, delegated to the Secretary of 
the Interior the responsibilities (in whole or in part) in this part.
    (d) Public lands means:
    (1) Lands which are owned and administered by the United States as 
part of the national park system, the national wildlife refuge system, 
or the national forest system; and
    (2) All other lands the fee title to which is held by the United 
States, except lands on the Outer Continental

[[Page 393]]

Shelf, lands under the jurisdiction of the Smithsonian Institution, and 
Indian lands.
    (e) Indian lands means lands of Indian tribes, or Indian 
individuals, which are either held in trust by the United States or 
subject to a restriction against alienation imposed by the United 
States, except for subsurface interests not owned or controlled by an 
Indian tribe or Indian individual.
    (f) Indian tribe as defined in the Act means any Indian tribe, band, 
nation, or other organized group or community, including any Alaska 
village or regional or village corporation as defined in, or established 
pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688). In 
order to clarify this statutory definition for purposes of this part, 
Indian tribe means:
    (1) Any tribal entity which is included in the annual list of 
recognized tribes published in the Federal Register by the Secretary of 
the Interior pursuant to 25 CFR part 54;
    (2) Any other tribal entity acknowledged by the Secretary of the 
Interior pursuant to 25 CFR part 54 since the most recent publication of 
the annual list; and
    (3) Any Alaska Native village or regional or village corporation as 
defined in or established pursuant to the Alaska Native Claims 
Settlement Act (85 Stat. 688), and any Alaska Native village or tribe 
which is recognized by the Secretary of the Interior as eligible for 
services provided by the Bureau of Indian Affairs.
    (g) Person means an individual, corporation, partnership, trust, 
institution, association, or any other private entity, or any officer, 
employee, agent, department, or instrumentality of the United States, or 
of any Indian tribe, or of any State or political subdivision thereof.
    (h) State means any of the fifty states, the District of Columbia, 
Puerto Rico, Guam, and the Virgin Islands.
    (i) Act means the Archaeological Resources Protection Act of 1979 
(16 U.S.C. 470aa-mm).
[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984; 60 FR 5260, Jan. 
26, 1995]



Sec. 296.4  Prohibited acts and criminal penalties.

    (a) Under section 6(a) of the Act, no person may excavate, remove, 
damage, 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 lands unless such activity is pursuant to a 
permit issued under Sec. 296.8 or exempted by Sec. 296.5(b) of this 
part.
    (b) No person may sell, purchase, exchange, transport, or receive 
any archaeological resource, if such resource was excavated or removed 
in violation of:
    (1) The prohibitions contained in paragraph (a) of this section; or
    (2) Any provision, rule, regulation, ordinance, or permit in effect 
under any other provision of Federal law.
    (c) Under section (d) of the Act, any person who knowingly violates 
or counsels, procures, solicits, or employs any other person to violate 
any prohibition contained in section 6 (a), (b), or (c) of the Act will, 
upon conviction, be fined not more than $10,000.00 or imprisoned not 
more than one year, or both: provided, however, that if the commercial 
or archaeological value of the archaeological resources involved and the 
cost of restoration and repair of such resources exceeds the sum of 
$500.00, such person will be fined not more than $20,000.00 or 
imprisoned not more than two years, or both. In the case of a second or 
subsequent such violation upon conviction such person will be fined not 
more than $100,000.00, or imprisoned not more than five years, or both.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]



Sec. 296.5  Permit requirements and exceptions.

    (a) Any person proposing to excavate and/or remove archaeological 
resources 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 for the proposed work, and shall not 
begin the proposed work until a permit has been issued. The Federal land 
manager may issue a permit to any qualified person, subject to 
appropriate terms and conditions, provided

[[Page 394]]

that the person applying for a permit meets conditions in Sec. 296.8(a) 
of this part.
    (b) Exceptions: (1) No permit shall be required under this part for 
any person conducting activities on the public lands under other 
permits, leases, licenses, or entitlements for use, when those 
activities are exclusively for purposes other than the excavation and/or 
removal of archaeological resources, even though those activities might 
incidentally result in the disturbance of archaeological resources. 
General earth-moving excavation conducted under a permit or other 
authorization shall not be construed to mean excavation and/or removal 
as used in this part. This exception does not, however, affect the 
Federal land manager's responsibility to comply with other authorities 
which protect archaeological resources prior to approving permits, 
leases, licenses, or entitlements for use; any excavation and/or removal 
of archaeological resources required for compliance with those 
authorities shall be conducted in accordance with the permit 
requirements of this part.
    (2) No permit shall be required under this part for any person 
collecting for private purposes any rock, coin, bullet, or mineral which 
is not an archaeological resource as defined in this part, provided that 
such collecting does not result in disturbance of any archaelogical 
resource.
    (3) No permit shall be required under this part or under section 3 
of the Act of June 8, 1906 (16 U.S.C. 432), for the excavation or 
removal by any Indian tribe or member thereof of any archaeological 
resource located on Indian lands of such Indian tribe, except that in 
the absence of tribal law regulating the excavation or removal or 
archaeological resources on Indian lands, an individual tribal member 
shall be required to obtain a permit under this part;
    (4) No permit shall be required under this part for any person to 
carry out any archaeological activity authorized by a permit issued 
under section 3 of the Act of June 8, 1906 (16 U.S.C. 432), before the 
enactment of the Archaeological Resources Protection Act of 1979. Such 
permit shall remain in effect according to its terms and conditions 
until expiration.
    (5) No permit shall be required under section 3 of the Act of June 
8, 1906 (16 U.S.C. 432) for any archaeological work for which a permit 
is issued under this part.
    (c) Persons carrying out official agency duties under the Federal 
land manager's direction, associated with the management of 
archaeological resources, need not follow the permit application 
procedures of Sec. 296.6. However, the Federal land manager shall insure 
that provisions of Sec. 296.8 and Sec. 296.9 have been met by other 
documented means, and that any official duties which might result in 
harm to or destruction of any Indian tribal religious or cultural site, 
as determined by the Federal land manager, have been the subject of 
consideration under Sec. 296.7.
    (d) Upon the written request of the Governor of any State, on behalf 
of the State or its educational institutions, the Federal land manager 
shall issue a permit, subject to the provisions of Sec. 296.5(b)(5), 
Sec. 296.7, Sec. 296.8(a) (3), (4), (5), (6), and (7), Sec. 296.9, 
Sec. 296.10, Sec. 296.12, and Sec. 296.13(a) to such Governor or to such 
designee as the Governor deems qualified to carry out the intent of the 
Act, for purposes of conducting archaeological research, excavating and/
or removing archaeological resources, and safeguarding and preserving 
any materials and data collected in a university, museum, or other 
scientific or educational institution approved by the Federal land 
manager.
    (e) Under other statutory, regulatory, or administrative authorities 
governing the use of public lands and Indian lands, authorizations may 
be required for activities which do not require a permit under this 
part. Any person wishing to conduct on public lands or Indian lands any 
activities related to but believed to fall outside the scope of this 
part should consult with the Federal land manager, for the purpose of 
determining whether any authorization is required, prior to beginning 
such activities.



Sec. 296.6  Application for permits and information collection.

    (a) Any person may apply to the appropriate Federal land manager for 
a

[[Page 395]]

permit to excavate and/or remove archaeological resources from public 
lands or Indian lands and to carry out activities associated with such 
excavation and/or removal.
    (b) Each application for a permit shall include:
    (1) The nature and extent of the work proposed, including how and 
why it is proposed to be conducted, proposed time of performance, 
locational maps, and proposed outlet for public written dissemination of 
the results.
    (2) The name and address of the individual(s) proposed to be 
responsible for conducting the work, institutional affiliation, if any, 
and evidence of education, training, and experience in accord with the 
minimal qualifications listed in Sec. 296.8(a).
    (3) The name and address of the individual(s), if different from the 
individual(s) named in paragraph (b)(2) of this section, proposed to be 
responsible for carrying out the terms and conditions of the permit.
    (4) Evidence of the applicant's ability to initiate, conduct, and 
complete the proposed work, including evidence of logistical support and 
laboratory facilities.
    (5) Where the application is for the excavation and/or removal of 
archaeological resources on public lands, the names of the university, 
museum, or other scientific or educational institution in which the 
applicant proposes to store all collections, and copies of records, 
data, photographs, and other documents derived from the proposed work. 
Applicants shall submit written certification, signed by an authorized 
official of the institution, of willingness to assume curatorial 
responsibility for the collections, records, data, photographs and other 
documelts and to safeguard and preserve these materials as property of 
the United States.
    (6) Where the application is for the excavation and/or removal of 
archaeological resources on Indian lands, the name of the university, 
museum, or other scientific or educational institution in which the 
applicant proposes to store copies of records, data, photographs, and 
other documents derived from the proposed work, and all collections in 
the event the Indian owners do not wish to take custody or otherwise 
dispose of the archaeological resources. Applicants shall submit written 
certification, signed by an authorized official of the institution, or 
willingness to assume curatorial responsibility for the collections, if 
applicable, and/or the records, data, photographs, and other documents 
derived from the proposed work.
    (c) The Federal land manager may require additional information, 
pertinent to land management responsibilities, to be included in the 
application for permit and shall so inform the applicant.
    (d) Paperwork Reduction Act. The information collection requirement 
contained in Sec. 296.6 of these regulations has been approved by the 
Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned clearance number 1024-0037. The purpose of the information 
collection is to meet statutory and administrative requirements in the 
public interest. The information will be used to assist Federal land 
managers in determining that applicants for permits are qualified, that 
the work proposed would further archaeological knowledge, that 
archaeological resources and associated records and data will be 
properly preserved, and that the permitted activity would not conflict 
with the management of the public lands involved. Response to the 
information requirement is necessary in order for an applicant to obtain 
a benefit.



Sec. 296.7  Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or 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 on 
public lands, as determined by the Federal land manager, at least 30 
days before issuing such a permit the Federal land manager shall notify 
any Indian tribe which may consider the site as having religious or 
cultural importance. Such notice shall not be deemed a disclosure to the 
public for purposes of section 9 of the Act.
    (1) Notice by the Federal land manager to any Indian tribe shall be 
sent to the chief executive officer or other designated official of the 
tribe. Indian

[[Page 396]]

tribes are encouraged to designate a tribal official to be the focal 
point for any notification and discussion between the tribe and the 
Federal land manager.
    (2) The Federal land manager may provide notice to any other Native 
American group that is known by the Federal land manager to consider 
sites potentially affected as being of religious or cultural importance.
    (3) Upon request during the 30-day period, the Federal land manager 
may meet with official representatives of any Indian tribe or group to 
discuss their interests, including ways to avoid or mitigate potential 
harm or destruction such as excluding sites from the permit area. Any 
mitigation measures which are adopted shall be incorporated into the 
terms and conditions of the permit under Sec. 296.9.
    (4) When the Federal land manager detemines that a permit applied 
for under this part must be issued immediately because of an imminent 
threat of loss or destruction of an archaeological resource, the Federal 
land manager shall so notify the appropriate tribe.
    (b)(1) In order to identify sites of religious or cultural 
importance, the Federal land manager shall seek to identify all Indian 
tribes having aboriginal or historic ties to the lands under the Federal 
land manager's jurisdiction and seek to determine, from the chief 
executive officer or other designated official of any such tribe, the 
location and nature of specific sites of religious or cultural 
importance so that such information may be on file for land management 
purposes. Information on sites eligible for or included in the National 
Register of Historic Places may be withheld from public disclosure 
pursuant to section 304 of the Act of October 15, 1966, as amended (16 
U.S.C. 470w-3).
    (2) If the Federal land manager becomes aware of a Native American 
group that is not an Indian tribe as defined in this part but has 
aboriginal or historic ties to public lands under the Federal land 
manager's jurisdiction, the Federal land manager may seek to communicate 
with official representatives of that group to obtain information on 
sites they may consider to be of religious or cultural importance.
    (3) The Federal land manager may enter into agreement with any 
Indian tribe or other Native American group for determining locations 
for which such tribe or group wishes to receive notice under this 
section.
    (4) The Federal land manager should also seek to determine, in 
consultation with official representatives of Indian tribes or other 
Native American groups, what circumstances should be the subject of 
special notification to the tribe or group after a permit has been 
issued. Circumstances calling for notification might include the 
discovery of human remains. When circumstances for special notification 
have been determined by the Federal land manager, the Federal land 
manager will include a requirement in the terms and conditions of 
permits, under Sec. 296.9(c), for permittees to notify the Federal land 
manger immediately upon the occurrence of such circumstances. Following 
the permittee's notification, the Federal land manager will notify and 
consult with the tribe or group as appropriate. In cases involving 
Native American human remains and other ``cultural items'', as defined 
by NAGPRA, the Federal land manager is referred to NAGPRA and its 
implementing regulations.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26, 
1995]



Sec. 296.8  Issuance of permits.

    (a) The Federal land manager may issue a permit, for a specified 
period of 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, and possesses demonstrable 
competence in archaeological theory and methods, and in collecting, 
handling, analyzing, evaluating, and reporting archaeological data, 
relative to the type and scope of the work proposed, and also meets the 
following minimum qualifications:
    (i) A graduate degree in anthropology or archaeology, or equivalent 
training and experience;
    (ii) The demonstrated ability to plan, equip, staff, organize, and 
supervise activity of the type and scope proposed;

[[Page 397]]

    (iii) The demonstrated ability to carry research to completion, as 
evidenced by timely completion of theses, research reports, or similar 
documents;
    (iv) Completion of at least 16 months of professional experience 
and/or specialized training in archaeological field, laboratory, or 
library research, administration, or management, including at least 4 
months experience and/or specialized training in the kind of activity 
the individual proposes to conduct under authority of a permit; and
    (v) Applicants proposing to engage in historical archaeology should 
have had at least one year of experience in research concerning 
archaeological resources of the historic period. Applicants proposing to 
engage in prehistoric archaeology should have had at least one year of 
experience in research concerning archaeological resources of the 
prehistoric period.
    (2) The proposed work is to be undertaken for the purpose of 
furthering archaeological knowledge in the public interest, which may 
include but need not be limited to, scientific or scholarly research, 
and preservation of archaeological data;
    (3) The proposed work, including time, scope, location, and purpose, 
is not inconsistent with any management plan or established policy, 
objectives, or requirements applicable to the management of the public 
lands concerned;
    (4) Where the proposed work consists of archaelogical survey and/or 
data recovery undertaken in accordance with other approved uses of the 
public lands or Indian lands, and the proposed work has been agreed to 
in writing by the Federal land manager pursuant to section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f), paragraphs (a) (2) 
and (3) shall be deemed satisfied by the prior approval.
    (5) Written consent has been obtained, for work proposed on Indian 
lands, from the Indian landowner and the Indian tribe having 
jurisdiction over such lands;
    (6) Evidence is submitted to the Federal land manager that any 
university, museum, or other scientific or educational institution 
proposed in the application as the repository possesses adequate 
curatorial capability for safeguarding and preserving the archaeological 
resources and all associated records; and
    (7) The applicant has certified that, not later than 90 days after 
the date the final report is submitted to the Federal land manager, the 
following will be delivered to the appropriate official of the approved 
university, museum, or other scientific or educational institution, 
which shall be named in the permit:
    (i) All artifacts, samples, collections, and copies of records, 
data, photographs, and other documents resulting from work conducted 
under the requested permit where the permit is for the excavation and/or 
removal of archaeological resources from public lands.
    (ii) All artifacts, samples and collections resulting from work 
under the requested permit for which the custody or disposition is not 
undertaken by the Indian owners, and copies of records, data, 
photographs, and other documents resulting from work conducted under the 
requested permit, where the permit is for the excavation and/or removal 
of archaeological resources from Indian lands.
    (b) When the area of the proposed work would cross jurisdictional 
boundaries, so that permit applications must be submitted to more than 
one Federal land manager, the Federal land managers shall coordinate the 
review and evaluation of applications and the issuance of permits.
[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984]



Sec. 296.9  Terms and conditions of permits.

    (a) In all permits issued, the Federal land manager shall specify:
    (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 the individual(s) responsible for conducting the 
work and, if different, the name of the individual(s) responsible for 
carrying out the terms and conditions of the permit;
    (3) The name of any university, museum, or other scientific or 
educational insitutions in which any collected materials and data shall 
be deposited; and

[[Page 398]]

    (4) Reporting requirements.
    (b) The Federal land manager may specify such terms and conditions 
as deemed necessary, consistent with this part, to protect public safety 
and other values and/or resources, to secure work areas, to safeguard 
other legitimate land uses, and to limit activities incidental to work 
authorized under a permit.
    (c) The Federal land manager shall include in permits issued for 
archaeological work on Indian lands such terms and conditions as may be 
requested by the Indian landowner and the Indian tribe having 
jurisdiction over the lands, and for archaeological work on public lands 
shall include such terms and conditions as may have been developed 
pursuant to Sec. 296.7.
    (d) Initiation of work or other activities under the authority of a 
permit signifies the permittee's acceptance of the terms and conditions 
of the permit.
    (e) The permittee shall not be released from requirements of a 
permit until all outstanding obligations have been satisfied, whether or 
not the term of the permit has expired.
    (f) The permittee may request that the Federal land manager extend 
or modify a permit.
    (g) The permittee's performance under any permit issued for a period 
greater than 1 year shall be subject to review by the Federal land 
manager, at least annually.



Sec. 296.10  Suspension and revocation of permits.

    (a) Suspension or revocation for cause. (1) The Federal land manager 
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 any prohibition of the Act or Sec. 296.4. The 
Federal land manager shall provide written notice to the permittee of 
the suspension, the cause thereof, and the requirements which must be 
met before the suspension will be removed.
    (2) The Federal land manager may revoke a permit upon assessment of 
a civil penalty under Sec. 296.15 upon the permittee's conviction under 
section 6 of the Act, or upon determining that the permittee has failed 
after notice under this section to correct the situation which led to 
suspension of the permit.
    (b) Suspension or revocation for management purposes. The Federal 
land manager may suspend or revoke a permit, without liability to the 
United States, its agents, or employees, when continuation of work under 
the permit would be in conflict with management requirements not in 
effect when the permit was issued. The Federal land manager shall 
provide written notice to the permittee stating the nature of and basis 
for the suspension or revocation.
[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984]



Sec. 296.11  Appeals relating to permits.

    Any affected person may appeal permit issuance, denial of permit 
issuance, suspension, revocation, and terms and conditions of a permit 
through existing administrative appeal procedures, or through procedures 
which may be established by the Federal land manager pursuant to section 
10(b) of the Act and this part.



Sec. 296.12  Relationship to Section 106 of the National Historic Preservation Act.

    Issuance of a permit in accordance 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 issuance 
of such a permit does not excuse the Federal land manager from 
compliance with section 106 where otherwise required.



Sec. 296.13  Custody of archaeological resources.

    (a) Archaeological resources excavated or removed from the public 
lands 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 having rights of 
ownership over such resources.
    (c) The Secretary of the Interior may promulgate regulations 
providing for the exchange of archaeological resources among suitable 
universities,

[[Page 399]]

museums, or other scientific or educational institutions, for the 
ultimate disposition of archaeological resources, and for standards by 
which archaeological resources shall be preserved and maintained, when 
such resources have been excavated or removed from public lands and 
Indian lands.
    (d) In the absence of regulations referenced in paragraph (c) of 
this section, the Federal land manager may provide for the exchange of 
archaeological resources among suitable universities, museums, or other 
scientific or educational institutions, when such resources have been 
excavated or removed from public lands under the authority of a permit 
issued by the Federal land manager.
    (e) Notwithstanding the provisions of paragraphs (a) through (d) of 
this section, the Federal land manager will follow the procedures 
required by NAGPRA and its implementing regulations for determining the 
disposition of Native American human remains and other ``cultural 
items'', as defined by NAGPRA, that have been excavated, removed, or 
discovered on public lands.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26, 
1995]



Sec. 296.14  Determination of archaeological or commercial value and cost of restoration and repair.

    (a) Archaeological value. 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 conditions 
of a permit issued pursuant to this part shall be the value of the 
information associated with the archaeological resource. This value 
shall be appraised in terms of the costs of the retrieval of the 
scientific information which would have been obtainable prior to the 
violation. These costs may include, but need not be limited to, the cost 
of preparing a research design, conducting field work, carrying out 
laboratory analysis, and preparing reports as would be necessary to 
realize the information potential.
    (b) Commercial value. For purposes of this part, the commercial 
value of any archaeological resource involved in a violation of the 
prohibitions in Sec. 296.4 of this part or conditions of a permit issued 
pursuant to this part shall be its fair market value. Where the 
violation has resulted in damage to the archaeological resource, the 
fair market value should be determined using the condition of the 
archaeological resource prior to the violation, to the extent that its 
prior condition can be ascertained.
    (c) Cost of restoration and repair. For purposes of this part, the 
cost of restoration and repair of archaeological resources damaged as a 
result of a violation of prohibitions or conditions pursuant to this 
part, shall be the sum of the costs already incurred for emergency 
restoration or repair work, plus those costs projected to be necessary 
to complete restoration and repair, which may include, but need not be 
limited to, the costs of the following:
    (1) Reconstruction of the archaeological resource;
    (2) Stabilization of the archaeological resource;
    (3) Ground contour reconstruction and surface stabilization;
    (4) Research necessary to carry out reconstruction or stabilization;
    (5) Physical barriers or other protective devices, necessitated by 
the disturbance of the archaeological resource, to protect it from 
further disturbance;
    (6) Examination and analysis of the archaeological resource 
including recording remaining archaeological information, where 
necessitated by disturbance, in order to salvage remaining values which 
cannot be otherwise conserved;
    (7) Reinterment of human remains in accordance with religious custom 
and State, local, or tribal law, where appropriate, as determined by the 
Federal land manager.
    (8) Preparation of reports relating to any of the above activities.



Sec. 296.15  Assessment of civil penalties.

    (a) The Federal land manager may assess a civil penalty against any 
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 part.
    (b) Notice of violation. The Federal land manager shall serve a 
notice of

[[Page 400]]

violation upon any person believed to be subject to a civil penalty, 
either in person or by registered or certified mail (return receipt 
requested). The Federal land manager shall include in the notice:
    (1) A concise statement of the facts believed to show a violation;
    (2) A specific reference to the provision(s) of this part or to a 
permit issued pursuant to this part allegedly violated;
    (3) The amount of penalty proposed to be assessed, including any 
initial proposal to mitigate or remit where appropriate, or a statement 
that notice of a proposed penalty amount will be served after the 
damages associated with the alleged violation have been ascertained;
    (4) Notification of the right to file a petition for relief pursuant 
to paragraph (d) of this section, or to await the Federal land manager's 
notice of assessment, and to request a hearing in accordance with 
paragraph (g) of this section. The notice shall also inform the person 
of the right to seek judicial review of any final administrative 
decision assessing a civil penalty.
    (c) The person served with a notice of violation shall have 45 
calendar days from the date of its service (or the date of service of a 
proposed penalty amount, if later) in which to respond. During this time 
the person may:
    (1) Seek informal discussions with the Federal land manager;
    (2) File a petition for relief in accordance with paragraph (d) of 
this section;
    (3) Take no action and await the Federal land manager's notice of 
assessment;
    (4) Accept in writing or by payment the proposed penalty, or any 
mitigation or remission offered in the notice. Acceptance of the 
proposed penalty or mitigation or remission shall be deemed a waiver of 
the notice of assessment and of the right to request a hearing under 
paragraph (g) of this section.
    (d) Petition for relief. The person served with a notice of 
violation may request that no penalty be assessed or that the amount be 
reduced, by filing a petition for relief with the Federal land manager 
within 45 calendar days of the date of service of the notice of 
violation (or of a proposed penalty amount, if later). The petition 
shall be in writing and signed by the person served with the notice of 
violation. If the person is a corporation, the petition must be signed 
by an officer authorized to sign such documents. The petition shall set 
forth in full the legal or factual basis for the requested relief.
    (e) Assessment of penalty. (1) The Federal land manager shall assess 
a civil penalty upon expiration of the period for filing a petition for 
relief, upon completion of review of any petition filed, or upon 
completion of informal discussions, whichever is later.
    (2) The Federal land manager shall take into consideration all 
available information, including information provided pursuant to 
paragraphs (c) and (d) of this section or furnished upon further request 
by the Federal land manager.
    (3) If the facts warrant a conclusion that no violation has 
occurred, the Federal land manager shall so notify the person served 
with a notice of violation, and no penalty shall be assessed.
    (4) Where the facts warrant a conclusion that a violation has 
occurred, the Federal land manager shall determine a penalty amount in 
accordance with Sec. 296.16.
    (f) Notice of assessment. The Federal land manager shall notify the 
person served with a notice of violation of the penalty amount assessed 
by serving a written notice of assessment, either in person or by 
registered or certified mail (return receipt requested). The Federal 
land manager shall include in the notice of assessment:
    (1) The facts and conclusions from which it was determined that a 
violation did occur;
    (2) The basis in Sec. 296.16 for determining the penalty amount 
assessed and/or any offer to mitigate or remit the penalty; and
    (3) Notification of the right to request a hearing, including the 
procedures to be followed, and to seek judicial review of any final 
administrative decision assessing a civil penalty.
    (g) Hearings. (1) Except where the right to request a hearing is 
deemed to have been waived as provided in paragraph (c)(4) of this 
section, the person

[[Page 401]]

served with a notice of assessment may file a written request for a 
hearing with the adjudicatory body specified in the notice. The person 
shall enclose with the request for hearing a copy of the notice of 
assessment, and shall deliver the request as specified in the notice of 
assessment, personally or by registered or certified mail (return 
receipt requested).
    (2) Failure to deliver a written request for a hearing within 45 
days of the date of service of the notice of assessment shall be deemed 
a waiver of the right to a hearing.
    (3) Any hearing conducted pursuant to this section shall be held in 
accordance with 5 U.S.C. section 554. In any such hearing, the amount of 
civil penalty assessed shall be determined in accordance with this part, 
and shall not be limited by the amount assessed by the Federal land 
manager under paragraph (f) of this section or any offer of mitigation 
or remission made by the Federal land manager.
    (h) Final administrative decision. (1) Where the person served with 
a notice of violation has accepted the penalty pursuant to paragraph 
(c)(4) of this section, the notice of violation shall constitute the 
final administrative decision;
    (2) Where the person served with a notice of assessment has not 
filed a timely request for a hearing pursuant to paragraph (g)(1) of 
this section, the notice of assessment shall constitute the final 
administrative decision;
    (3) Where the person served with a notice of assessment has filed a 
timely request for a hearing pursuant to paragraph (g)(1) of this 
section, the decision resulting from the hearing or any applicable 
administrative appeal therefrom shall constitute the final 
administrative decision.
    (i) Payment of penalty. (1) The person assessed a civil penalty 
shall have 45 calendar days from the date of issuance of the final 
administrative decision in which to make full payment of the penalty 
assessed, unless a timely request for appeal has been filed with a 
United States District Court as provided in section 7(b)(1) of the Act.
    (2) Upon failure to pay the penalty, the Federal land manager may 
request the Attorney General to institute a civil action to collect the 
penalty in a United States District Court for any district in which the 
person assessed a civil penalty is found, resides, or transacts 
business. Where the Federal land manager is not represented by the 
Attorney General, a civil action may be initiated directly by the 
Federal land manager.
    (j) Other remedies not waived. Assessment of a penalty under this 
section shall not be deemed a waiver of the right to pursue other 
available legal or administrative remedies.



Sec. 296.16  Civil penalty amounts.

    (a) Maximum amount of penalty. (1) Where the person being assessed a 
civil penalty 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 amount of the penalty 
shall be the full cost of restoration and repair of archaeological 
resources damaged plus the archaeological or commercial value of 
archaeological resources destroyed or not recovered.
    (2) Where the person being assessed a civil penalty has 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 amount of the penalty shall be double the cost of restoration 
and repair plus double the archaeological or commercial value of 
archaeological resources destroyed or not recovered.
    (3) Violations limited to the removal of arrowheads located on the 
surface of the ground shall not be subject to the penalties prescribed 
in this section.
    (b) Determination of penalty amount, mitigation, and remission. The 
Federal land manager may assess a penalty amount less than the maximum 
amount of penalty and may offer to mitigate or remit the penalty.
    (1) Determination of the penalty amount and/or a proposal to 
mitigate or remit the penalty may be based upon any of the following 
factors:
    (i) Agreement by the person being assessed a civil penalty to return 
to the Federal land manager archaeological resources removed from public 
lands or Indian lands;

[[Page 402]]

    (ii) Agreement by the person being assessed a civil penalty to 
assist the Federal land manager in activity to preserve, restore, or 
otherwise contribute to the protection and study of archaeological 
resources on public lands or Indian lands;
    (iii) Agreement by the person being assessed a civil penalty to 
provide information which will assist in the detection, prevention, or 
prosecution of violations of the Act or this part;
    (iv) Demonstration of hardship or inability to pay, provided that 
this factor shall only be considered when the person being assessed a 
civil penalty has not been found to have previously violated the 
regulations in this part;
    (v) Determination that the person being assessed a civil penalty did 
not willfully commit the violation;
    (vi) Determination that the proposed penalty would constitute 
excessive punishment under the circumstances;
    (vii) Determination of other mitigating circumstances appropriate to 
consideration in reaching a fair and expeditious assessment.
    (2) When the penalty is for a violation on Indian lands, the Federal 
land manager shall consult with and consider the interests of the Indian 
landowner and the Indian tribe having jurisdiction over the Indian lands 
prior to proposing to mitigate or remit the penalty.
    (3) When the penalty is for a violation which may have had an effect 
on a known Indian tribal religious or cultural site on public lands, the 
Federal land manager should consult with and consider the interests of 
the affected tribe(s) prior to proposing to mitigate or remit the 
penalty.
[49 FR 1027, Jan. 6, 1984, as amended at 52 FR 47721, Dec. 16, 1987]



Sec. 296.17  Other penalties and rewards.

    (a) Section 6 of the Act contains criminal prohibitions and 
provisions for criminal penalties. Section 8(b) of the Act provides that 
archaeological resources, vehicles, or equipment involved in a violation 
may be subject to forfeiture.
    (b) Section 8(a) of the Act provides for rewards to be made to 
persons who furnish information which leads to conviction for a criminal 
violation or to assessment of a civil penalty. The Federal land manager 
may certify to the Secretary of the Treasury that a person is eligible 
to receive payment. Officers and employees of Federal, State, or local 
government who furnish information or render service in the performance 
of their official duties, and persons who have provided information 
under Sec. 296.16(b)(1)(iii) shall not be certified eligible to receive 
payment of rewards.
    (c) In cases involving Indian lands, all civil penalty monies and 
any item forfeited under the provisions of this section shall be 
transferred to the appropriate Indian or Indian tribe.



Sec. 296.18  Confidentiality of archaeological resource information.

    (a) The Federal land manager shall not make available 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 any archaeological resource, with the following exceptions:
    (1) The Federal land manager may make information available, 
provided that the disclosure will further the purposes of the Act and 
this part, or the Act of June 27, 1960, as amended (16 U.S.C. 469-469c), 
without risking harm to the archaeological resource or to the site in 
which it is located.
    (2) The Federal land manager shall make information available, when 
the Governor of any State has submitted to the Federal land manager a 
written request for information, concerning the archaeological resources 
within the requesting Governor's State, provided that the request 
includes:
    (i) The specific archaeological resource or area about which 
information is sought;
    (ii) The purpose for which the information is sought; and
    (iii) The Governor's written commitment to adequately protect the 
confidentiality of the information.
[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984]



Sec. 296.19  Report.

    (a) Each Federal land manager, when requested by the Secretary of 
the Interior, will submit such information as is

[[Page 403]]

necessary to enable the Secretary to comply with section 13 of the Act 
and comprehensively report on activities carried out under provisions of 
the Act.
    (b) The Secretary of the Interior will include in the annual 
comprehensive report, submitted to the Committee on Interior and Insular 
Affairs of the United States House of Representatives and to the 
Committee on Energy and Natural Resources of the United States Senate 
under section 13 of the Act, information on public awareness programs 
submitted by each Federal land manager under Sec. 296.20(b). Such 
submittal will fulfill the Federal land manager's responsibility under 
section 10(c) of the Act to report on public awareness programs.
    (c) The comprehensive report by the Secretary of the Interior also 
will include information on the activities carried out under section 14 
of the Act. Each Federal land manager, when requested by the Secretary, 
will submit any available information on surveys and schedules and 
suspected violations in order to enable the Secretary to summarize in 
the comprehensive report actions taken pursuant to section 14 of the 
Act.
[60 FR 5260, 5261, Jan. 26, 1995]



Sec. 296.20  Public Awareness Programs.

    (a) Each Federal land manager will establish a program to increase 
public awareness 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 be incorporated into other 
current agency public education and interpretation programs where 
appropriate.
    (b) Each Federal land manager annually will submit to the Secretary 
of the Interior the relevant information on public awareness activities 
required by section 10(c) of the Act for inclusion in the comprehensive 
report on activities required by section 13 of the Act.
[60 FR 5260, 5261, Jan. 26, 1995]



Sec. 296.21  Surveys and Schedules.

    (a) The Secretaries of the Interior, Agriculture, and Defense and 
the Chairman of 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 resources pursuant to section 14(a) 
of the Act. Such activities should be consistent with Federal agency 
planning policies and other historic preservation program 
responsibilities required by 16 U.S.C. 470 et seq. Survey plans prepared 
under this section will be designed to comply with the purpose of the 
Act regarding the protection of archaeological resources.
    (b) The Secretaries of the Interior, Agriculture, and Defense and 
the Chairman of the Tennessee Valley Authority will prepare schedules 
for surveying lands under each agency's control that are likely to 
contain the most scientifically valuable archaeological resources 
pursuant to section 14(b) of the Act. Such schedules will be developed 
based on objectives and information identified in survey plans described 
in paragraph (a) of this section and implemented systematically to cover 
areas where the most scientifically valuable archaeological resources 
are likely to exist.
    (c) Guidance for the activities undertaken as part of paragraphs (a) 
through (b) of this section is provided by the Secretary of the 
Interior's Standards and Guidelines for Archeology and Historic 
Preservation.
    (d) Other Federal land managing agencies are encouraged to develop 
plans for surveying lands under their jurisdictions and prepare 
schedules for surveying to improve protection and management of 
archaeological resources.
    (e) The Secretaries of the Interior, Agriculture, and Defense and 
the Chairman of the Tennessee Valley Authority will develop a system for 
documenting and reporting suspected violations of the various provisions 
of the Act. This system will reference a set of procedures for use by 
officers, employees, or agents of Federal agencies to assist them in 
recognizing violations, documenting relevant evidence, and reporting 
assembled information to the appropriate authorities. Methods employed 
to document and report such violations should be compatible with 
existing agency reporting systems for

[[Page 404]]

documenting violations of other appropriate Federal statutes and 
regulations. Summary information to be included in the Secretary's 
comprehensive report will be based upon the system developed by each 
Federal land manager for documenting suspected violations.
[60 FR 5260, 5261, Jan. 26, 1995]



PART 297--WILD AND SCENIC RIVERS--Table of Contents




                   Subpart A--Water Resources Projects

Sec.
297.1  General.
297.2  Scope and application.
297.3  Definitions.
297.4  Requirements for Federal agencies.
297.5  Determination.
297.6  Environmental analysis requirements.

                          Subpart B--[Reserved]

    Authority: 16 U.S.C. 551, 1278(c), 1281(d).

    Source: 49 FR 1902, Jan. 16, 1984. Correctly designated at 49 FR 
6896, Feb. 24, 1984, unless otherwise noted.



                   Subpart A--Water Resources Projects



Sec. 297.1  General.

    Section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), as 
amended, 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 Rivers System from the 
effects of construction of any water resources project.



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.



Sec. 297.3  Definitions.

    Act means the Wild and Scenic Rivers Act (82 Stat. 906, as amended; 
16 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 Wild and Scenic River or Study River.
    Federal assistance means any assistance by an authorizing agency 
including, but not limited to, the following:
    (a) A license, permit, preliminary permit, or other authorization 
granted by the Federal Energy Regulatory Commission pursuant to sections 
4(e) and 4(f) of the Federal Power Act, 16 U.S.C. 797;
    (b) A license, permit, or other authorization granted by the Corps 
of Engineers, Department of the Army, pursuant to the Rivers and Harbors 
Act of 1899 (33 U.S.C. 401 et seq.), and section 404 of the Clean Water 
Act (33 U.S.C. 1344); and,
    (c) Any other license, permit, or authorization which may be 
required by an agency or Department of the Federal Government before, 
during, or after construction of a water resources project.
    Free-flowing is defined by section 16(b) of the Act as ``existing or 
flowing in natural condition without impoundment, diversion, 
straightening, riprapping, or other modification of the waterway'' (16 
U.S.C. 1287(b)).
    Study period means the time during which a river is being studied as 
a potential component of the Wild and Scenic Rivers System and such 
additional time as provided in section 7(b)(ii) of the Act not to exceed 
3 additional years during which a report recommending designation is 
before the Congress, or such additional time as may be provided by 
statute.
    Study river means a river and the adjacent area within one quarter 
mile of the banks of the river which is designated for study as a 
potential addition to the National Wild and Scenic Rivers System 
pursuant to section 5(a) of the Act.
    Water resources project means any dam, water conduit, reservoir, 
powerhouse, transmission line, or other project works under the Federal 
Power Act (41 Stat. 1063) as amended, or other construction of 
developments which would affect the free-flowing characteristics of a 
Wild and Scenic River or Study River.
    Wild and scenic river means a river and the adjacent area within the

[[Page 405]]

boundaries of a component of the National Wild and Scenic Rivers System 
pursuant to section 3(a) or 2(a)(ii) of the Act.



Sec. 297.4  Requirements for Federal agencies.

    (a) No license, permit, or other authorization can 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 begin 
construction of such projects, without prior notice to the Secretary of 
Agriculture, and a determination in accordance with section 7 of the 
Act.
    (b) As soon as practicable, but no less than 60 days prior to the 
date of proposed action, the Federal agency shall provide a notice of 
intent to issue such license, permit, or other authorization to the 
Chief, Forest Service, U.S. Department of Agriculture, P.O. Box 2417, 
Washington, DC 20013. The Secretary will, to the extent possible, give 
expedited consideration to a notice of intent for a project needed to 
address an emergency situation.
    (c) The notice shall include the following information:
    (1) Name and location of affected river;
    (2) Location of the project;
    (3) Nature of the permit or other authorization proposed for 
issuance;
    (4) A description of the proposed activity; and
    (5) Any relevant information, such as plans, maps, and environmental 
studies, assessments, or environmental impact statements.



Sec. 297.5  Determination.

    (a) The Secretary of Agriculture will consent to the issuance of any 
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 
effect on the values for which a Wild and Scenic River or Study River 
was designated, when any portion of the project is within the boundaries 
of said river, or;
    (2) The effects of the water resources project will neither invade 
nor unreasonably diminish the scenic, recreational, and fish wildlife 
values of a Wild and Scenic River, when any portion of the project is 
located above, below, or outside the Wild and Scenic River, or;
    (3) The effects of the water resources project will neither invade 
nor diminish the scenic, recreational, and fish and wildlife values of a 
Study River when the project is located above, below, or outside the 
Study River during the study period.
    (b) If consent is denied, the Secretary may recommend measures to 
eliminate adverse effects, and the authorizing agencies may submit 
revised plans for consideration.



Sec. 297.6  Environmental analysis requirements.

    (a) The determination of the effects of a proposed water resources 
project shall be made in compliance with the National Environmental 
Policy Act (NEPA). To the extent possible, authorizing agencies should 
ensure that any environmental studies, assessments, or environmental 
impact statements prepared for a water resources project adequately 
address the environmental effects on resources protected by the Wild and 
Scenic Rivers Act, and that the Department of Agriculture is apprised of 
ongoing analyses so as to facilitate coordination and identification of 
Wild and Scenic River related issues.
    (b) To the extent practicable, impacts on Wild and Scenic River 
values will be considered in the context of other review procedures 
provided by law. Authorizing agencies are encouraged to consult with the 
Forest Service in order to identify measures which could eliminate any 
direct and adverse effects, thereby increasing the likelihood of 
securing consent.



                          Subpart B--[Reserved]



PARTS 298--299  [RESERVED]



[[Page 407]]


                              FINDING AIDS






  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected



[[Page 409]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 29, 1998)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)

[[Page 410]]

      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 411]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]

[[Page 412]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)

[[Page 413]]

       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)

[[Page 414]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)

[[Page 415]]

        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 416]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--deral 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)

[[Page 417]]

        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)

[[Page 418]]

      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense

[[Page 419]]

       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

[[Page 420]]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)

[[Page 421]]

            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 422]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 423]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)

[[Page 424]]

        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)

[[Page 425]]

        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 427]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 29, 1998)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 428]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 429]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII

[[Page 430]]

Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
     of Certain Employees
[[Page 431]]

  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II

[[Page 432]]

  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II

[[Page 433]]

Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XII, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 434]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A

[[Page 435]]

  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Temporary Duty (TDY) Travel Allowances            41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S., Scholarship Foundation          45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII


[[Page 437]]





List of CFR Sections Affected




All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

36 CFR
                                                                   51 FR
                                                                    Page
Chapter II
211  Authority citation added; subpart and section authority 
        citations removed..........................................19831
211.18  (c)(4) revised; interim.....................................9010
    (c)(4) revised.................................................19831
    (c)(2) and (h) revised; interim................................41785
223.48  (a) and (b) revised; OMB number............................40316
223.164  OMB number removed........................................40316
228  Authority citation revised....................................20827
228.80  Added; eff. 7-9-86.........................................20827
251  Authority citation revised....................................16683
    Authority citation removed.....................................41082
251.9--251.35 (Subpart A)  Heading and authority citation added; 
        section authority citations removed........................41082
251.23  Existing regulations unchanged.............................33040
251.50--251.64 (Subpart B)  Heading and authority citation added; 
        undesignated center heading and editorial note removed.....41082
251.57  (g) added; interim.........................................16683
261  Authority citation corrected...................................1250
261.2  Amended......................................................1250
261.6  (f) and (g) revised..........................................1250
261.7  (d) amended..................................................1251
261.9  (g) and (h) revised; (i) added; interim.....................30356
261.58  (s) and (t) revised; (cc) added; interim...................12991
291  Authority citation added (rule withdrawn at 51 FR 15481)......10383
    Authority citation revised.....................................26827
291.9  Authority citation removed (rule withdrawn at 51 FR 15481) 
                                                                   10383
    Authority citation removed.....................................26827
291.10  Added (rule withdrawn at 51 FR 15481)......................10383
    Added..........................................................26827

                                  1987

36 CFR
                                                                   52 FR
                                                                    Page
Chapter II
211.18  (b)(4) amended; (h) revised; eff. 7-20-87..................23178
    (b)(12) added; interim.........................................27547
214  Removed.......................................................10086
215  Removed.......................................................10086
222  Existing regulations unchanged................................30359
223.130--223.145 (Subpart C)  Revised..............................43329
228.59  (e) added; interim.........................................10565
261.58  (s), (t), and (cc) revised.................................19347
296.16  (a) (1) and (2) revised....................................47721

[[Page 438]]

                                  1988

36 CFR
                                                                   53 FR
                                                                    Page
Chapter II
211.16  Added; interim.............................................17032
211.17  Added.......................................................2491
    (p)(1) introductory text and (iii) corrected...................40730
    Revised........................................................13265
211.18  (b) (13) and (14) added.....................................2493
    (b)(15) added; interim.........................................17033
222.50--222.53 (Subpart C)  Authority citation revised..............2984
222.50  (c) revised.................................................2984
    Technical correction............................................4258
222.51  (b) revised; (c) removed....................................2984
    Technical correction............................................4258
223.49  (a)(5) and (e) through (i) added...........................33131
223.100  Introductory text and (c) revised.........................33132
223.101  Redesignated as 223.102; new 223.101 added................33132
223.102  Redesignated as 223.103; new 223.102 redesignated from 
        223.101....................................................33132
223.103  Removed; new 223.103 redesignated from 223.102............33132
223.178  (b) revised...............................................15038
228.59  (e) addition at 52 FR 10565 confirmed......................43691
251.9--251.35 (Subpart A)  Authority citation revised.............26595,
                                                                   27685
251.9  Revised.....................................................27685
251.35  Revised....................................................26595
251.50  (c) revised; interim.......................................16549
251.51  Amended; interim...........................................16549
251.53  (a) revised; interim.......................................16550
251.54  (h) and (i) redesignated as (i) and (h); new (h) and (i) 
        introductory text revised; (i)(6) added; interim...........16550
251.62  Revised....................................................16550
261  Authority citation revised....................................16550
261.10  (g) revised; interim.......................................16550

                                  1989

36 CFR
                                                                   54 FR
                                                                    Page
Chapter II
211.16  (o) added...................................................3357
211.18  (s) amended...........................................3357, 6892
217  Added..........................................................3357
217.2  Corrected...................................................13807
217.3  (b)(3) revised..............................................34509
217.4  (a)(13) revised; (b) amended................................34509
217.7  (a), (d), and (e) amended...................................34509
217.8  (a) (3) and (4) revised.....................................34509
217.12  (a) corrected..............................................13807
    (a) amended....................................................34509
217.13  (c) amended; (d) removed...................................34509
217.15  (e)(1) revised; (g) added..................................34509
217.17  (e) corrected..............................................13807
    (d) and (e) amended............................................34510
217.19  (a) revised.................................................6892
217.20  Added......................................................46893
228.4  (g) added....................................................6893
228.14  Revised.....................................................3362
251.50--251.64 (Subpart B)  Authority citation revised.............22593
251.51  Amended....................................................22593
251.53  Introductory text revised; (n) added.......................22594
251.56  (b) revised; (g) added.....................................22594
251.57  (h) added..................................................22594
251.65  Added.......................................................6893
251.80--251.102 (Subpart C)  Added..................................3362
251.81  Corrected..................................................13807
251.82  (a) (9) and (13) removed; (a) (10), (11), (12), and (14) 
        redesignated as (a) (9) through (12); (a)(4) revised.......34510
251.83  (o) revised................................................34510
251.87  (a), (d), and (e) amended..................................34510
251.89  (b) introductory text and (2) amended......................34510
251.90  Corrected..................................................13807
    (b)(6) revised.................................................34510
251.91  (j) amended................................................34510
251.93  (b) amended................................................34510
251.95  (d) removed................................................34510
251.96  (b)(2) amended.............................................34510
251.98  (a) designation removed; (a) (1) through (5) redesignated 
        as (a) through (e); (f) added..............................34510
251.99  (a) revised................................................34510
251.100  (c), (d), and (g) amended.................................34510
251.102  Revised....................................................6892
292.15  (l) revised.................................................3368
292.40--292.43 (Subpart F)  Added; interim.........................41092

[[Page 439]]

                                  1990

36 CFR
                                                                   55 FR
                                                                    Page
Chapter II
217.2  Amended; interim.............................................7895
217.5  (b) and (c) revised; (d) added; interim......................7895
217.8  (a) revised; (b)(1) and (c) amended; interim.................7895
217.9  (b)(1) through (6) redesignated as (b)(2) through (7); new 
        (b)(1) and (c) added; interim...............................7895
217.10  Heading revised; (a) through (h) redesignated as (b) 
        through (i); (a) added; interim.............................7896
217.11  (a)(7) added; (c) revised; interim..........................7896
217.12  (a) amended; interim........................................7896
217.15  (a) amended; interim........................................7896
217.17  (b) revised; interim........................................7896
222  Authority citation revised.....................................2650
222.53  Revised.....................................................2650
222.54  Added.......................................................2651
223  Authority citation revised....................................48576
223.48  Revised; interim...........................................48576
223.52  Added......................................................50645
223.159  Added; interim............................................48576
223.185--223.194 (Subpart F)  Added; interim.......................48577
228  Authority citation revised.............................10443, 51705
228.41  (c), (d), and (e) added....................................51706
228.42  Amended....................................................51706
228.43  (e) and (f) added..........................................51706
228.67  Revised....................................................51706
228.100--228.116 (Subpart E)  Added................................10444
242  Added (temporary); eff. to 12-31-91...........................27121
251.92  (c) revised; interim........................................7896
251.95  (c) amended; interim........................................7896
251.100  (b) revised; interim.......................................7896
261.2  Amended.....................................................10452
261.12  (e) removed; eff. 7-25-90..................................25832
261.55  Revised; eff. 7-25-90......................................25832

                                  1991

36 CFR
                                                                   56 FR
                                                                    Page
Chapter II
200  Authority citation revised....................................29181
200.12  Added......................................................29181
211.6  Added; interim..............................................50513
211.17  (q) added..................................................46550
213.1  (e) table amended............................................8280
217.5  (d) revised..................................................4918
217.7  (d)(2) revised...............................................4918
217.8  (a)(1) revised; (e) redesignated as (f); new (e) added.......4918
217.9  (c) removed..................................................4918
217.10  (b) amended.................................................4918
217.11  (a)(6) amended; (a)(7) revised; (a)(8) added................4918
217.12  (a) amended.................................................4918
    (a) revised....................................................46550
217.15  (a) revised.................................................4918
217.19  (a) revised................................................46550
217.20  Removed....................................................46551
223  Authority citation revised....................................65842
223.48  Revised....................................................65842
223.49  (a) introductory text, (1) through (4), (c) and (d) 
        revised; (j) added.........................................36103
223.50  Revised....................................................36104
    (f) revised....................................................55822
223.191  Revised...................................................65843
223.203  Added.....................................................65844
228  Technical correction............................................558
228.102  (b)(5) removed; (b)(3) and (4) amended....................56157
230  Added; interim................................................63585
241  Heading and authority citation revised........................63463
241.1--241.3  Designated as subpart A..............................63463
241.20--241.23 (Subpart B)  Added..................................63463
242.14  (a) revised................................................29313
242.23--242.25 (Subpart D)  Revised................................29313
    (n)(1)(vii) table, (8)(ii) table and (25)(iii) table 
corrected; (n)(14)(iii) and (iv) correctly designated..............43553
242.24  (f)(7)(vii)(C) and (13)(vi)(C) correctly designated; 
        (f)(10)(xii) through (xxii)(C) and (f)(11) introductory 
        text through (xiv) corrected.................................103
    (f)(10)(xii) through (xxii)(C) and (f)(11) introductory text 
through (xiv) corrected; CFR correction..............................372
    (f)(5) correctly designated....................................15134
251  Authority citation added......................................27417

[[Page 440]]

251.110--251.114 (Subpart D)  Added; eff. 7-15-91..................27417
262.1  (a)(4) added................................................29182
293  Authority citation revised....................................27418
293.12  Revised; eff. 7-15-91......................................27419

                                  1992

36 CFR
                                                                   57 FR
                                                                    Page
Chapter II
242  Regulation at 55 FR 27121 effective date extended to 6-30-92 
                                                                     351
    Authority citation revised.....................................22535
242.1--242.9 (Subpart A)  Revised...........................22951, 22964
242.10--242.20 (Subpart B)  Revised.........................22953, 22964
242.15  (c) amended..................................................351
242.22--242.24 (Subpart C)  Revised.........................22957, 22964
242.25--242.27 (Subpart D)  Revised................................22535
242.25  (m)(1) table and (13) table corrected; (m)(17)(ii)(C), 
        (18)(ii)(B), (19)(ii)(D) and (25)(ii)(B) correctly revised
                                                                   54509
    (m)(4) table amended; eff. 7-29-92.............................54703

                                  1993

36 CFR
                                                                   58 FR
                                                                    Page
Chapter II
215  Added; eff. in part 1-3-94....................................58910
217  Heading revised...............................................58915
217.1  Revised.....................................................58915
217.2  Amended.....................................................58915
217.3  Revised.....................................................58915
217.4  Revised.....................................................58915
217.7  (b), (c) and (d) revised; (e) removed.......................58916
217.8  (a)(2) revised; (f)(1) and (3) removed; (f)(2) and (4) 
        redesignated as (f)(1) and (2).............................58916
217.10  (i) revised................................................58916
217.14  (a) revised................................................58916
217.15  (a) revised................................................58916
217.16  (e) revised................................................58916
217.17  (b), (c) and (f) revised...................................58916
242  Authority citation revised....................................31258
242.25--242.27 (Subpart D)  Amended................................17778
    Revised; eff. 7-1-93 through 6-30-94...........................31258
242.25  (b)(2)(i) introductory text, (iv) introductory text and 
        (f) revised; (m)(1) table amended..........................61811
242.26  (e)(4)(xx) added; effective 4-5-93 through 6-30-93.........31176

                                  1994

36 CFR
                                                                   59 FR
                                                                    Page
Chapter II
200.12  (a) introductory text and (1)(ii) introductory text 
        amended.....................................................2987
223.190  (h) introductory text, (1), (2) and (3) removed; (h)(4) 
        and (5)(i) through (iv) redesignated as (h) and (i)(1) 
        through (4); (g) and new (h) revised; new (i)(1) amended 
                                                                    8830
223.191  (e)(1) amended.............................................8831
242  Policy statement..............................................36063
242.24  (a)(1) table and (2) table amended.........................27463
    (a)(2)  table corrected........................................28922
242.25  Revised;  eff. 7-1-94 through 6-30-95......................29036
    (k)(1)(vii)(B) table, (18)(iii)(B) table and (20)(iii)(C) 
table amended......................................................51858
    (k)(23)(iii)(C) table and (26)(iii)(B) table amended...........51859
242.26  Regulation at 58 FR 31289 eff. date extended to 12-31-95; 
        interim....................................................32925
242.27  Regulation at 58 FR 31294 eff. date extended to 12-31-95; 
        interim....................................................32925
254.1--254.17 (Subpart A)  Revised.................................10867
254.5  (a) corrected...............................................15501
254.7  (a)(2) corrected............................................15501
254.14  (b) introductory text and (1) corrected....................15501
254.17  Corrected..................................................15501
261  Authority citation revised....................................31152
261.2  Amended.....................................................31152
261.8  (e) added...................................................31152
261.9  (j) added...................................................31152
261.10  (d) introductory text revised; (d)(3) and (n) added........31152

[[Page 441]]

261.58  (ee) added.................................................31152
290  Added.........................................................31152
292.20--292.25 (Subpart E)  Added..................................30497
292.40--292.48 (Subpart F)  Revised................................36882

                                  1995

36 CFR
                                                                   60 FR
                                                                    Page
Chapter II
223  Authority citation revised....................................46920
    Compliance date suspension and comment period reopening........53704
223.87  Revised....................................................46920
223.130  (a) revised...............................................46921
223.131  Revised...................................................46921
223.133  Amended...................................................46921
223.135  Revised...................................................46921
223.136  (b) revised...............................................46921
223.137  (g) added.................................................46921
223.139  (a) and (b) amended.......................................46921
223.159  Revised...................................................46922
223.161  Removed...................................................46922
223.163  Removed...................................................46922
223.185--223.203 (Subpart F)  Revised..............................46922
242  Meeting.......................................................33726
242  Policy statement..............................................40459
242.24  (a)(1) table amended.........................10319, 10320, 40464
    Revised; eff. 7-1-95 through 6-30-95...........................31546
242.25  (e)(1) revised; (k)(6)(iii)(B) table and (9)(ii)(E) table 
        amended....................................................10320
    (k)(11) table, (12) table, (13)(ii) table, (14)(iii)(B) table, 
(16) table, (18)(iii) table and (19)(iii) table amended............10321
    (k)(20)(iii)(C) table, (21)(iii)(D) table, (25)(iii) table and 
(26)(iii)(B) table amended.........................................10322
    Added; eff. 7-1-95 through 6-30-96.............................31553
    (k)(15)(iii)(D) table amended; eff. 8-10-95 through 6-30-96....40464
242.26  Revised; eff. 7-1-95 through 12-31-96......................31588
242.27  (f)(3)(iv)(E) added........................................10322
    Revised; eff. 7-1-95 through 12-31-96..........................31593
251.50  Heading, (a), (c) introductory text and (3) revised........45293
251.51  Amended....................................................45293
    Corrected......................................................54409
251.54  (a) introductory text, (e)(1) and (h) revised; (e) 
        introductory text removed; (e)(2) through (5), (f) 
        introductory text in part, (1) and (2) redesignated as 
        (e)(3) through (6), (f)(1), (2) and (3); new (e)(2), 
        (f)(4) and (5) added.......................................45293
251.56  (e) revised................................................45294
251.57  (d) through (h) redesignated as (e) through (i); new (d) 
        added......................................................45294
251.60  (a) and (b) revised........................................45295
261  Authority citation revised.............................45295, 46934
    Technical correction...........................................54409
261.2  Amended.....................................................45295
261.6  (i) added...................................................46934
261.10  (g) revised; (h) through (n) redesignated as (i) through 
        (o); new (h) added.........................................45295
261.14  (p) removed; (q) redesignated as (p).......................45295
296  Authority citation revised.....................................5260
296.1  (a) amended..................................................5260
296.3  (a)(6) added; (i) revised....................................5260
296.4  Heading and (a) revised; (c) added...........................5260
296.7  (b)(4) added...........................................5260, 5261
296.13  (e) added.............................................5260, 5261
296.19  Revised...............................................5260, 5261
296.20  Added.................................................5260, 5261
296.21  Added.................................................5260, 5261

                                  1996

36 CFR
                                                                   61 FR
                                                                    Page
Chapter II
211  Authority citation revised....................................47673
211.1  Removed.....................................................47673
211.6  Removed.....................................................41507
223  Authority citation revised.....................................5685
222.23  Revised....................................................35959
223.39  Removed....................................................64815
223.60  Revised.....................................................5685
223.65  Revised....................................................48625
223.66  Removed....................................................48625
223.85  Revised....................................................14621
223.113  Revised...................................................64816
223.170--223.183 (Subpart E)  Removed..............................35960
242.24  Revised....................................................39702

[[Page 442]]

    (a)(1) table amended...........................................48628
242.25  (k)(11) table, (12) table, (13)(iii) table, (17)(iii) 
        table, (20)(iii)(C) table, (22)(ii)(C) table amended........5688
    (k)(25)(iii)(B) table amended...................................5689
    Regulation at 60 FR 31553 eff. date extended to 7-31-96........25787
      Added; eff. 8-1-96 through 6-30-97...........................39709
    (k)(6)(iii)(B) table, (7)(iii) table, (11)(i) table, (13)(iii) 
table, (14)(iii) table, (15)(iii)(D) table amended; eff. 8-1-96 
through 6-30-97....................................................48628
    (k)(15)(iii)(D) table and (16)(iii) table amended; eff. 8-1-96 
through 6-30-97....................................................48629
242.26  Added; eff. 1-1-97 through 12-31-97........................39747
242.27  Added; eff. 1-1-97 through 12-31-97........................39751
291  Authority citation revised.....................................1716
291.1  Added........................................................1716
291.2  Redesignated from 291.9; (a) revised.........................1716
291.3  Redesignated from 291.10.....................................1716
291.9  Redesignated as 291.2........................................1716
291.10  Redesignated as 291.3.......................................1716
292.60--292.68 (Subpart G)  Added..................................14631
    Regulation at 61 FR 14631 eff. date delayed to 5-23-96.........20726

                                  1997

36 CFR
                                                                   62 FR
                                                                    Page
Chapter II
200  Authority citation revised.............................13540, 33366
200.1  (a) and (c)(2) amended......................................33366
200.2  (a) amended; (b) and (c) revised; (d) redesignated as (e); 
        new (d) added..............................................33366
    (e) amended....................................................33367
200.4  Revised.....................................................33367
200.5  Redesignated as 200.6; new 200.5 redesignated from 200.6....13540
200.6  Redesignated as 200.5; new 200.6 redesignated from 200.5 
        and revised................................................13540
200.7  Removed; new 200.7 redesignated from 200.10.................13540
    Revised........................................................33368
200.8  Removed; new 200.8 redesignated from 200.11.................13540
    Revised........................................................33368
200.9  Removed.....................................................13540
200.10  Redesignated as 200.7......................................13540
200.11  Redesignated as 200.8......................................13540
212  Authority citation revised....................................58654
212.2  Revised.....................................................58654
212.3  Removed; new 212.3 redesignated from 212.5..................58654
212.4  Removed; new 212.4 redesignated from 212.6..................58654
212.5  Redesignated as 212.3; new 212.5 redesignated from 212.7....58654
212.6  Redesignated as 212.4; new 212.6 redesignated from 212.8....58654
212.7  (c) amended; redesignated as 212.5; new 212.7 redesignated 
        from 212.9.................................................58654
212.8  Redesignated as 212.6; new 212.8 redesignated from 212.10 
                                                                   58654
212.9  (d) amended; redesignated as 212.7; new 212.9 redesignated 
        from 212.11................................................58654
212.10  (a)(2) amended; redesignated as 212.8; new 212.10 
        redesignated from 212.12...................................58654
212.11  (f) amended; redesignated as 212.9.........................58654
212.12  Redesignated as 212.10.....................................58654
223.118  Added; interim (OMB number pending).......................13829
242.24  Revised....................................................29020
    (a)(1) table amended...........................................45725
242.25  Added; eff. 7-1-97 through 6-30-98.........................29027
    (k)(6)(iii) table amended......................................45725
    (k)(7)(iii) table, (10)(ii) table, (11)(i) table, (12)(i) 
table, (13)(iii) table, (15)(iii) table, (20)(iii) table and 
(22)(ii) table, amended............................................45726
    (k)(23)(iii) table, (24)(iii) table, (25)(iii) and (26)(iii) 
table amended......................................................45727
242.26  Added; eff. 1-1-98 through 12-31-98........................29066
242.27  Added; eff. 1-1-98 through 12-31-98........................29070

[[Page 443]]

                                  1998

36 CFR
                                                                   63 FR
                                                                    Page
Chapter II
215.11  (c) revised; (d) added; interim.............................4188
223.52  Revised....................................................24114
242.24  Revised....................................................35336
242.25  Added; eff. 7-1-98 through 6-30-99.........................35344
242.26  Added; eff. 1-1-99 through 12-31-99........................35375
242.27  Added; eff. 1-1-99 through 12-31-99........................35380
292.60--292.70 (Subpart G)  Revised................................15059
    Corrected......................................................18837