[Title 36 CFR 271]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 36 - PARKS, FORESTS, AND PUBLIC PROPERTY]
[Chapter II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE]
[Part 271 - USE OF ``SMOKEY BEAR'' SYMBOL]
[From the U.S. Government Printing Office]


36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01false271PART 271PARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURE
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 348]]

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.