[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]



          Title 36

Parks, Forests, and Public Property


________________________

Parts 200 to 299

                         Revised as of July 1, 2014

          Containing a codification of documents of general
          applicability and future effect

          As of July 1, 2014
                    Published by the Office of the Federal Register
                    National Archives and Records Administration as a
                    Special Edition of the Federal Register

[[Page ii]]

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[[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........................     511
      Alphabetical List of Agencies Appearing in the CFR......     531
      List of CFR Sections Affected...........................     541

[[Page iv]]





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

                     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
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
    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
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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
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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
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of
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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force
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    (a) The incorporation will substantially reduce the volume of
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    (b) The matter incorporated is in fact available to the extent
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    (c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES

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alphabetical list of agencies publishing in the CFR are also included in
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within
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    The Federal Register Index is issued monthly in cumulative form.
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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2014.







[[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--199, parts 200--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, 2014.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Ann Worley.

[[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


Abbreviations Used in This Chapter:
    A.O. = Administrative order. P.L.O. = Public Land order.

[[Page 3]]



          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
200             Organization, functions, and procedures.....           5
211             Administration..............................          13
212             Travel management...........................          14
213             Administration of lands under Title III of
                    the Bankhead-Jones Farm Tenant Act by
                    the Forest Service......................          27
214             Postdecisional administrative review process
                    for occupancy or use of National Forest
                    System lands and resources..............          29
215             Notice, comment, and appeal procedures for
                    National Forest System projects and
                    activities..............................          38
216             Involving the public in the formulation of
                    Forest Service directives...............          49
218             Project-level predecisional administrative
                    review process..........................          52
219             Planning....................................          63
220             National Environmental Policy Act (NEPA)
                    compliance..............................          92
221             Timber management planning..................         103
222             Range management............................         104
223             Sale and disposal of National Forest System
                    timber, special forest products, and
                    forest botanical products...............         123
228             Minerals....................................         193
230             State and private forestry assistance.......         227
241             Fish and wildlife...........................         244
242             Subsistence management regulations for
                    public lands in Alaska..................         247
251             Land uses...................................         354
254             Landownership adjustments...................         394
261             Prohibitions................................         411
262             Law enforcement support activities..........         426
264             Property management.........................         430
271             Use of ``Smokey Bear'' symbol...............         431
272             Use of ``Woodsy Owl'' symbol................         432

[[Page 4]]

290             Cave resources management...................         434
292             National recreation areas...................         436
293             Wilderness--primitive areas.................         463
294             Special areas...............................         468
296             Protection of archaeological resources:
                    Uniform regulations.....................         492
297             Wild and scenic rivers......................         506
298-299

[Reserved]

[[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 1109.12, Directive System Handbook. 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, as amended at 74 FR 19143, Apr. 28, 2009]



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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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
Sec. Sec. 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

[[Page 12]]

CFR Part 1, Subpart A, Appendix A. 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, Area Director, and Institute Director at the
field locations and addresses listed in Sec. 200.2; the Director of Law
Enforcement and Investigations, other Staff Directors, or other
officials whom the Chief may authorize, located in the Washington
Office, 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, as amended at 63 FR 53811, Oct. 7, 1998]



Sec. 200.8  Appeals.

    (a) Appeals from denials of requests submitted under Sec. 200.7
shall be submitted in accordance with U.S. Department of Agriculture
rules at 7 CFR part 1, subpart A, and the appendix to subpart A to the
Chief, Forest Service, U.S. Department of Agriculture, Auditors
Building, 14th and Independence Avenue, S.W., 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, discretionary release of records
exempt from mandatory disclosure under 5 U.S.C. 552(b), and charging the
appropriate fees, pursuant to U.S. Department of Agriculture rules at 7
CFR part 1, subpart A, and the appendix to subpart A.
    (c) The Forest Service Freedom of Information Act/Privacy Act
Officer must review all proposed responses to appeals prior to
signature.

[63 FR 53812, Oct. 7, 1998, as amended at 63 FR 60049, Nov. 6, 1998]



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:

[[Page 13]]

    (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 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

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.
211.6 Cooperation in forest investigations or the protection,
          management, and improvement of the National Forest System.

Subpart B [Reserved]

    Authority: 16 U.S.C. 472, 498, 551.



                          Subpart A_Cooperation



Sec. Sec. 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

[[Page 14]]

which will accomplish certain planned resource management objectives.
    (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]



Sec. 211.6  Cooperation in forest investigations or the protection,
management, and improvement of the National Forest System.

    (a) Purpose and scope. Forest Service officers, when engaged in
cooperative activities otherwise authorized, may receive monies from
cooperators only for cooperative work in forest investigations or for
the protection, management, and improvement of the National Forest
System and only in accordance with written cooperative agreements.
Management of the National Forest System may include such work as
planning, analysis, and related studies, as well as resource activities.
    (b) Reimbursements. Agency expenditures for work undertaken in
accordance with this section may be made from Forest Service
appropriations available for such work, with subsequent reimbursement
from the cooperator, in accordance with established written agreements.
Forest Service officers shall issue written bills for collection for
cooperator reimbursement payments within the same fiscal year as Forest
Service expenditures.
    (c) Bonding. Each written agreement involving a non-Government
cooperator's total contribution of $25,000 or more to the Forest Service
on a reimbursable basis, must include a provision requiring a payment
bond to guarantee the cooperator's reimbursement payment. Acceptable
security for a payment bond includes Department of the Treasury approved
corporate sureties, Federal Government obligations, and irrevocable
letters of credit. For the purposes of this section, a non-Government
cooperator is an entity that is not a member, division, or affiliate of
a Federal, State, local government, a federally recognized Indian Tribe
(as defined by the Federally Recognized Indian Tribe List Act of 1994
[25 U.S.C. 479a]), or other organizations funding a Forest Service
agreement with pass through funding from an entity that is a member,
division, or affiliate of a Federal, State, local government, or
federally recognized Indian Tribe.
    (d) Avoiding conflict of interest. Forest Service officers shall
avoid acceptance of contributions from cooperators when such
contributions would reflect unfavorably upon the ability of the Forest
Service to carry out its responsibilities and duties. Forest Service
officers shall be guided by the provisions of 18 U.S.C. parts 201-209, 5
CFR part 2635, and applicable Department of Agriculture regulations, in
determining if a conflict of interest or potential conflict of interest
exists in a proposed cooperative effort. Forest Service ethics officials
or the designated Department of Agriculture ethics official should be
consulted on conflict of interest issues.

[64 FR 60678, Nov. 8, 1999, as amended at 73 FR 62443, Oct. 21, 2008]

Subpart B [Reserved]



PART 212_TRAVEL MANAGEMENT--Table of Contents



      Subpart A_Administration of the Forest Transportation System

Sec.
212.1 Definitions.

[[Page 15]]

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 National Forest System roads.
212.11-212.20 [Reserved]
212.21 Pacific Crest National Scenic Trail.

 Subpart B_Designation of Roads, Trails, and Areas for Motor Vehicle Use

212.50 Purpose, scope, and definitions.
212.51 Designation of roads, trails, and areas.
212.52 Public involvement.
212.53 Coordination with Federal, State, county, and other local
          governmental entities and tribal governments.
212.54 Revision of designations.
212.55 Criteria for designation of roads, trails, and areas.
212.56 Identification of designated roads, trails, and areas.
212.57 Monitoring of effects of motor vehicle use on designated roads
          and trails and in designated areas.

                   Subpart C_Use by Over-Snow Vehicles

212.80 Purpose, scope, and definitions.
212.81 Use by over-snow vehicles.



      Subpart A_Administration of the Forest Transportation System

    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:
    Administrative unit. A National Forest, a National Grassland, a
purchase unit, a land utilization project, Columbia River Gorge National
Scenic Area, Land Between the Lakes, Lake Tahoe Basin Management Unit,
Midewin National Tallgrass Prairie, or other comparable unit of the
National Forest System.
    Area. A discrete, specifically delineated space that is smaller, and
in most cases much smaller, than a Ranger District.
    Chief. The Chief, Forest Service, Department of Agriculture.
    Construction engineering. All work and expense of setting out,
controlling, inspecting, and measuring the construction or
reconstruction of a forest 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.
    Designated road, trail, or area. A National Forest System road, a
National Forest System trail, or an area on National Forest System lands
that is designated for motor vehicle use pursuant to Sec. 212.51 on a
motor vehicle use map.
    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).
    Forest 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.
    Forest road or trail. A road or trail wholly or partly within or
adjacent to and serving the National Forest System that the Forest
Service determines is necessary for the protection, administration, and
utilization of the National Forest System and the use and development of
its resources.
    Forest transportation atlas. A display of the system of roads,
trails, and airfields of an administrative unit.
    Forest transportation facility. A forest road or trail or an
airfield that is displayed in a forest transportation atlas, including
bridges, culverts, parking lots, marine access facilities, safety
devices, and other improvements appurtenant to the forest transportation
system.
    Forest transportation system. The system of National Forest System
roads, National Forest System trails, and airfields on National Forest
System lands.

[[Page 16]]

    Maintenance. The upkeep of the entire forest 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.
    Motor vehicle. Any vehicle which is self-propelled, other than:
    (1) A vehicle operated on rails; and
    (2) Any wheelchair or mobility device, including one that is
battery-powered, that is designed solely for use by a mobility-impaired
person for locomotion, and that is suitable for use in an indoor
pedestrian area.
    Motor vehicle use map. A map reflecting designated roads, trails,
and areas on an administrative unit or a Ranger District of the National
Forest System.
    National Forest System. As defined in the Forest Rangeland Renewable
Resources Planning Act, the ``National Forest System'' includes 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 Tennant Act (50 Stat. 525, 7 U.S.C. 1010-1012), 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.
    National Forest System road. A forest road other than a road which
has been authorized by a legally documented right-of-way held by a
State, county, or other local public road authority.
    National Forest System trail. A forest trail other than a trail
which has been authorized by a legally documented right-of-way held by a
State, county, or other local public road authority.
    Off-highway vehicle. Any motor vehicle designed for or capable of
cross-country travel on or immediately over land, water, sand, snow,
ice, marsh, swampland, or other natural terrain.
    Over-snow vehicle. A motor vehicle that is designed for use over
snow and that runs on a track or tracks and/or a ski or skis, while in
use over snow.
    Preconstruction engineering. All work and expense of preparing for
construction or reconstruction of a forest 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.
    Regional forester. A regional forester of the Forest Service.
    Road. A motor vehicle route over 50 inches wide, unless identified
and managed as a trail.
    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.
    Road construction or reconstruction. Supervising, inspecting, actual
building, and incurrence of all costs incidental to the construction or
reconstruction of a road.
    Road Decommissioning. Activities that result in the stabilization
and restoration of unneeded roads to a more natural state.
    Temporary road or trail. A road or trail necessary for emergency
operations or authorized by contract, permit, lease, or other written
authorization that is not a forest road or trail and that is not
included in a forest transportation atlas.
    Trail. A route 50 inches or less in width or a route over 50 inches
wide that is identified and managed as a trail.
    Travel management atlas. An atlas that consists of a forest
transportation atlas and a motor vehicle use map or maps.
    Unauthorized road or trail. A road or trail that is not a forest
road or trail or a temporary road or trail and that is

[[Page 17]]

not included in a forest transportation atlas.

(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 66 FR 3216, 3217, Jan. 12,
2001; 70 FR 68287, Nov. 9, 2005]



Sec. 212.2  Forest transportation program.

    (a) Travel management atlas. For each administrative unit of the
National Forest System, the responsible official must develop and
maintain a travel management atlas, which is to be available to the
public at the headquarters of that administrative unit.
    (b) Forest transportation atlas. A forest transportation atlas may
be updated to reflect new information on the existence and condition of
roads, trails, and airfields of the administrative unit. A forest
transportation atlas does not contain inventories of temporary roads,
which are tracked by the project or activity authorizing the temporary
road. The content and maintenance requirements for a forest
transportation atlas are identified in the Forest Service directives
system.
    (c) Program of work for the forest transportation system. A program
of work for the forest transportation system shall be developed each
fiscal year in accordance with procedures prescribed by the Chief.

[62 FR 58654, Oct. 30, 1997, as amended at 66 FR 3216, 3217, Jan. 12,
2001; 70 FR 68288, Nov. 9, 2005; 73 FR 74613, Dec. 9, 2008]



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 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 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 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; 66 FR 3216, Jan. 12, 2001]



Sec. 212.5  Road system management.

    (a) Traffic rules. Rules set forth under 36 CFR part 261 and this
section shall apply to all National Forest System

[[Page 18]]

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 designations established under
subpart B of this part or with the rules at 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 may include but are not limited to distinguishable
groupings such as passenger cars, buses, trucks, motorcycles, all-
terrain vehicles, 4-wheel drive vehicles, off-highway vehicles, and
trailers. Types of traffic may include but are not 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) Road system--(1) Identification of road system. For each
national forest, national grassland, experimental forest, and any other
units of the National Forest System (Sec. 212.1), the responsible
official must identify the minimum road system needed for safe and
efficient travel and for administration, utilization, and protection of
National Forest System lands. In determining the minimum road system,
the responsible official must incorporate a science-based roads analysis
at the appropriate scale and, to the degree practicable, involve a broad
spectrum of interested and affected citizens, other state and federal
agencies, and tribal governments. The minimum system is the road system
determined to be needed to meet resource and other management objectives
adopted in the relevant land and resource management plan (36 CFR part
219), to meet applicable statutory and regulatory requirements, to
reflect long-term funding expectations, to ensure that the identified
system minimizes adverse environmental impacts associated with road
construction, reconstruction, decommissioning, and maintenance.
    (2) Identification of unneeded roads. Responsible officials must
review the road system on each National Forest and Grassland and
identify the roads on lands under Forest Service jurisdiction that are
no longer needed to meet forest resource management objectives and that,
therefore, should be decommissioned or considered for other uses, such
as for trails. Decommissioning roads involves restoring roads to a more
natural state. Activities used to decommission a road include, but are
not limited to, the following: reestablishing former drainage patterns,
stabilizing slopes, restoring vegetation, blocking the entrance to the
road, installing water bars, removing culverts, reestablishing drainage-
ways, removing unstable fills, pulling back road shoulders, scattering
slash on the roadbed, completely eliminating the roadbed by restoring
natural contours and slopes, or other methods designed to meet the
specific conditions associated with the unneeded road. Forest officials
should give priority to decommissioning those unneeded roads that pose
the greatest risk to public safety or to environmental degradation.
    (c) Cost recovery on National Forest System 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

[[Page 19]]

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.
    (d) Maintenance and reconstruction of National Forest System 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; 66 FR 3217, Jan. 12, 2001; 70 FR
68288, Nov. 9, 2005]



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 National Forest
System 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 National Forest
System roads and trails shall be permitted for all proper and lawful
purposes subject to compliance with rules and regulations

[[Page 20]]

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; 66 FR 3217, Jan. 12, 2001]



Sec. 212.7  Access procurement by the United States.

    (a) Existing or proposed forest roads that are or will be part of a
transportation system of a State, county, or other local public road
authority. Forest roads that are or will be part of a transportation
system of a State, county, or other local public road authority and are
on rights-of-way held by a State, county, or other local public road
authority may be constructed, reconstructed, improved, or maintained by
the Forest Service when there is an appropriate agreement with the
State, county, or other local public road authority under 23 U.S.C. 205
and the construction, reconstruction, improvement, or maintenance is
essential to provide safe and economical access to National Forest
System lands.
    (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

[[Page 21]]

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; 66 FR 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005]



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 Sec. Sec. 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.

[[Page 22]]

    (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 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)(i) The Chief may revoke any easement granted under the
provisions of the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C.
534):
    (A) By consent of the owner of the easement;
    (B) By condemnation; or
    (C) Upon abandonment after a 5-year period of nonuse by the owner of
the easement.
    (ii) Before any easement is revoked upon abandonment, the owner of
the easement shall be given notice and, upon the owner's request made
within 60 days after receipt of the notice, shall be given an appeal in
accordance with the provisions of 36 CFR part 214.

(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; 78 FR 33717, June 5, 2013]



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;

[[Page 23]]

    (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;
    (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

[[Page 24]]

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 National Forest System roads.

    The Chief may acquire, construct, reconstruct, improve, and maintain
National Forest System 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 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 are
to be constructed at a higher standard than the standard--consistent
with applicable environmental laws and regulations--that is sufficient
for harvesting and removal of National Forest timber and other products
covered by a particular sale, the purchaser of the timber and other
products shall not be required to bear the part of the cost necessary to
meet the higher standard, and the Chief may make such arrangements to
achieve this end as may be appropriate.

(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;
66 FR 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005]



Sec. Sec. 212.11-212.20  [Reserved]



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]



 Subpart B_Designation of Roads, Trails, and Areas for Motor Vehicle Use

    Authority: 7 U.S.C. 1011(f), 16 U.S.C. 551, E.O. 11644, 11989 (42 FR
26959).

    Source: 70 FR 68288, Nov. 9, 2005, unless otherwise noted.



Sec. 212.50  Purpose, scope, and definitions.

    (a) Purpose. This subpart provides for a system of National Forest
System roads, National Forest System trails, and areas on National
Forest System lands that are designated for motor vehicle use. After
these roads, trails, and areas are designated, motor vehicle use,
including the class of vehicle and time of year, not in accordance with
these designations is prohibited by 36

[[Page 25]]

CFR 261.13. Motor vehicle use off designated roads and trails and
outside designated areas is prohibited by 36 CFR 261.13.
    (b) Scope. The responsible official may incorporate previous
administrative decisions regarding travel management made under other
authorities, including designations and prohibitions of motor vehicle
use, in designating National Forest System roads, National Forest System
trails, and areas on National Forest System lands for motor vehicle use
under this subpart.
    (c) For definitions of terms used in this subpart, refer to Sec.
212.1 in subpart A of this part.



Sec. 212.51  Designation of roads, trails, and areas.

    (a) General. Motor vehicle use on National Forest System roads, on
National Forest System trails, and in areas on National Forest System
lands shall be designated by vehicle class and, if appropriate, by time
of year by the responsible official on administrative units or Ranger
Districts of the National Forest System, provided that the following
vehicles and uses are exempted from these designations:
    (1) Aircraft;
    (2) Watercraft;
    (3) Over-snow vehicles (see Sec. 212.81);
    (4) Limited administrative use by the Forest Service;
    (5) Use of any fire, military, emergency, or law enforcement vehicle
for emergency purposes;
    (6) Authorized use of any combat or combat support vehicle for
national defense purposes;
    (7) Law enforcement response to violations of law, including
pursuit; and
    (8) Motor vehicle use that is specifically authorized under a
written authorization issued under Federal law or regulations.
    (b) Motor vehicle use for dispersed camping or big game retrieval.
In designating routes, the responsible official may include in the
designation the limited use of motor vehicles within a specified
distance of certain forest roads or trails where motor vehicle use is
allowed, and if appropriate within specified time periods, solely for
the purposes of dispersed camping or retrieval of a downed big game
animal by an individual who has legally taken that animal.

[70 FR 68288, Nov. 9, 2005, as amended at 73 FR 74613, Dec. 9, 2008]



Sec. 212.52  Public involvement.

    (a) General. The public shall be allowed to participate in the
designation of National Forest System roads, National Forest System
trails, and areas on National Forest System lands and revising those
designations pursuant to this subpart. Advance notice shall be given to
allow for public comment, consistent with agency procedures under the
National Environmental Policy Act, on proposed designations and
revisions. Public notice with no further public involvement is
sufficient if a National Forest or Ranger District has made previous
administrative decisions, under other authorities and including public
involvement, which restrict motor vehicle use over the entire National
Forest or Ranger District to designated routes and areas, and no change
is proposed to these previous decisions and designations.
    (b) Absence of public involvement in temporary, emergency closures--
(1) General. Nothing in this section shall alter or limit the authority
to implement temporary, emergency closures pursuant to 36 CFR part 261,
subpart B, without advance public notice to provide short-term resource
protection or to protect public health and safety.
    (2) Temporary, emergency closures based on a determination of
considerable adverse effects. If the responsible official determines
that motor vehicle use on a National Forest System road or National
Forest System trail or in an area on National Forest System lands is
directly causing or will directly cause considerable adverse effects on
public safety or soil, vegetation, wildlife, wildlife habitat, or
cultural resources associated with that road, trail, or area, the
responsible official shall immediately close that road, trail, or area
to motor vehicle use until the official determines that such adverse
effects have been mitigated or eliminated and that measures have been
implemented to prevent future recurrence. The responsible official shall
provide public notice of the closure pursuant to 36 CFR 261.51,
including

[[Page 26]]

reasons for the closure and the estimated duration of the closure, as
soon as practicable following the closure.



Sec. 212.53  Coordination with Federal, State, county, and other local
governmental entities and tribal governments.

    The responsible official shall coordinate with appropriate Federal,
State, county, and other local governmental entities and tribal
governments when designating National Forest System roads, National
Forest System trails, and areas on National Forest System lands pursuant
to this subpart.



Sec. 212.54  Revision of designations.

    Designations of National Forest System roads, National Forest System
trails, and areas on National Forest System lands pursuant to Sec.
212.51 may be revised as needed to meet changing conditions. Revisions
of designations shall be made in accordance with the requirements for
public involvement in Sec. 212.52, the requirements for coordination
with governmental entities in Sec. 212.53, and the criteria in Sec.
212.55, and shall be reflected on a motor vehicle use map pursuant to
Sec. 212.56.



Sec. 212.55  Criteria for designation of roads, trails, and areas.

    (a) General criteria for designation of National Forest System
roads, National Forest System trails, and areas on National Forest
System lands. In designating National Forest System roads, National
Forest System trails, and areas on National Forest System lands for
motor vehicle use, the responsible official shall consider effects on
National Forest System natural and cultural resources, public safety,
provision of recreational opportunities, access needs, conflicts among
uses of National Forest System lands, the need for maintenance and
administration of roads, trails, and areas that would arise if the uses
under consideration are designated; and the availability of resources
for that maintenance and administration.
    (b) Specific criteria for designation of trails and areas. In
addition to the criteria in paragraph (a) of this section, in
designating National Forest System trails and areas on National Forest
System lands, the responsible official shall consider effects on the
following, with the objective of minimizing:
    (1) Damage to soil, watershed, vegetation, and other forest
resources;
    (2) Harassment of wildlife and significant disruption of wildlife
habitats;
    (3) Conflicts between motor vehicle use and existing or proposed
recreational uses of National Forest System lands or neighboring Federal
lands; and
    (4) Conflicts among different classes of motor vehicle uses of
National Forest System lands or neighboring Federal lands.
    In addition, the responsible official shall consider:
    (5) Compatibility of motor vehicle use with existing conditions in
populated areas, taking into account sound, emissions, and other
factors.
    (c) Specific criteria for designation of roads. In addition to the
criteria in paragraph (a) of this section, in designating National
Forest System roads, the responsible official shall consider:
    (1) Speed, volume, composition, and distribution of traffic on
roads; and
    (2) Compatibility of vehicle class with road geometry and road
surfacing.
    (d) Rights of access. In making designations pursuant to this
subpart, the responsible official shall recognize:
    (1) Valid existing rights; and
    (2) The rights of use of National Forest System roads and National
Forest System trails under Sec. 212.6(b).
    (e) Wilderness areas and primitive areas. National Forest System
roads, National Forest System trails, and areas on National Forest
System lands in wilderness areas or primitive areas shall not be
designated for motor vehicle use pursuant to this section, unless, in
the case of wilderness areas, motor vehicle use is authorized by the
applicable enabling legislation for those areas.



Sec. 212.56  Identification of designated roads, trails, and areas.

    Designated roads, trails, and areas shall be identified on a motor
vehicle use map. Motor vehicle use maps shall be made available to the
public at the headquarters of corresponding administrative units and
Ranger Districts of the National Forest System and, as

[[Page 27]]

soon as practicable, on the website of corresponding administrative
units and Ranger Districts. The motor vehicle use maps shall specify the
classes of vehicles and, if appropriate, the times of year for which use
is designated.



Sec. 212.57  Monitoring of effects of motor vehicle use on designated
roads and trails and in designated areas.

    For each administrative unit of the National Forest System, the
responsible official shall monitor the effects of motor vehicle use on
designated roads and trails and in designated areas under the
jurisdiction of that responsible official, consistent with the
applicable land management plan, as appropriate and feasible.



                   Subpart C_Use by Over-Snow Vehicles

    Authority: 7 U.S.C. 1011(f), 16 U.S.C. 551, E.O. 11644, 11989 (42 FR
26959).

    Source: 70 FR 68290, Nov. 9, 2005, unless otherwise noted.



Sec. 212.80  Purpose, scope, and definitions.

    The purpose of this subpart is to provide for regulation of use by
over-snow vehicles on National Forest System roads and National Forest
System trails and in areas on National Forest System lands. For
definitions of terms used in this subpart, refer to Sec. 212.1 in
subpart A of this part.



Sec. 212.81  Use by over-snow vehicles.

    (a) General. Use by over-snow vehicles on National Forest System
roads and National Forest System trails and in areas on National Forest
System lands may be allowed, restricted, or prohibited.
    (b) Exemptions from restrictions and prohibitions. The following
uses are exempted from restrictions and prohibitions on use by over-snow
vehicles:
    (1) Limited administrative use by the Forest Service;
    (2) Use of any fire, military, emergency, or law enforcement vehicle
for emergency purposes;
    (3) Authorized use of any combat or combat support vehicle for
national defense purposes;
    (4) Law enforcement response to violations of law, including
pursuit; and
    (5) Use by over-snow vehicles that is specifically authorized under
a written authorization issued under Federal law or regulations.
    (c) Establishment of restrictions and prohibitions. If the
responsible official proposes restrictions or prohibitions on use by
over-snow vehicles under this subpart, the requirements governing
designation of National Forest System roads, National Forest System
trails, and areas on National Forest System lands in Sec. Sec. 212.52,
212.53, 212.54, 212.55, 212.56, and 212.57 shall apply to establishment
of those restrictions or prohibitions. In establishing restrictions or
prohibitions on use by over-snow vehicles, the responsible official
shall recognize the provisions concerning rights of access in sections
811(b) and 1110(a) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3121(b) and 3170(a), respectively).



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.

[[Page 28]]

    (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, 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 29]]

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 214_POSTDECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR OCCUPANCY OR
USE OF NATIONAL FOREST SYSTEM LANDS AND RESOURCES--Table of Contents



Sec.
214.1 Purpose and scope.
214.2 Definitions.
214.3 Parties to an appeal.
214.4 Decisions that are appealable.
214.5 Decisions that are not appealable.
214.6 Notice of an appealable decision.
214.7 Levels of review.
214.8 Appeal content.
214.9 Filing of an appeal.
214.10 Dismissal of an appeal.
214.11 Intervention.
214.12 Responsive statement and reply.
214.13 Stays.
214.14 Conduct of an appeal.
214.15 Resolution of issues prior to an appeal decision.
214.16 Oral presentation.
214.17 Appeal record.
214.18 Appeal decision.
214.19 Procedures for discretionary review.
214.20 Exhaustion of administrative remedies.
214.21 Information collection requirements.
214.22 Applicability and effective date.

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 551.

    Source: 78 FR 33717, June 5, 2013, unless otherwise noted.



Sec. 214.1  Purpose and scope.

    (a) Purpose. This part provides a fair and deliberate process by
which holders, operators, and solicited applicants may appeal certain
written decisions issued by Responsible Officials involving written
instruments authorizing the occupancy or use of National Forest System
lands and resources.
    (b) Scope. This part specifies who may appeal, decisions that are
appealable and not appealable, the responsibilities of parties to an
appeal, and the time periods and procedures that govern the conduct of
appeals under this part.



Sec. 214.2  Definitions.

    Appeal. A document filed with an Appeal Deciding Officer in which an
individual or entity seeks review of a Forest Service decision under
this part.
    Appeal Deciding Officer. The Forest Service line officer who is one
organizational level above the Responsible Official or the respective
Deputy Forest Supervisor, Deputy Regional Forester, or Associate Deputy
Chief with the delegation of authority relevant to the provisions of
this part.
    Appeal decision. The final written decision issued by an Appeal
Deciding Officer on an appeal filed under this part which affirms or
reverses a Responsible Official's appealable decision in whole or in
part, explains the basis for the decision, and provides additional
instructions to the parties as necessary.
    Appeal record. Documentation and other information filed with the
Appeal Deciding Officer within the relevant time period by parties to
the appeal and upon which review of an appeal is conducted.
    Appellant. An individual or entity that has filed an appeal under
this part.
    Cancellation. The invalidation, in whole or in part, of a term
grazing permit or an instrument for the disposal of mineral materials.
    Discretionary Reviewing Officer. The U.S. Department of Agriculture
(USDA) or Forest Service official authorized to review an appeal
decision by an Appeal Deciding Officer or a decision by the Chief under
this part.
    Holder. An individual or entity that holds a valid written
authorization.
    Intervenor. An individual or entity whose request to intervene has
been granted by the Appeal Deciding Officer.
    Modification. A Responsible Official's written revision of the terms
and conditions of a written authorization.
    Operator. An individual or entity conducting or proposing to conduct
mineral operations.
    Oral presentation. An informal meeting conducted by the Appeal
Deciding Officer during which parties to an appeal may present
information in support of their position.
    Prospectus. An announcement published by the Forest Service
soliciting

[[Page 30]]

competitive applications for a written authorization.
    Responsible Official. The Forest Service line officer who has the
delegated authority to make and implement a decision that may be
appealed under this part.
    Responsive statement. The document filed by the Responsible Official
with the Appeal Deciding Officer that addresses the issues raised and
relief requested in an appeal.
    Revocation. The cessation, in whole or in part, of a written
authorization, other than a grazing permit or an instrument for the
disposal of mineral materials, by action of Responsible Official before
the end of the specified period of occupancy or use.
    Solicited applicant. An individual or entity that has submitted a
competitive application in response to a prospectus.
    Suspension. A temporary revocation or cancellation of a written
authorization.
    Termination. The cessation of a written authorization by operation
of law or by operation of a fixed or agreed-upon condition, event, or
time as specified in the authorization, which does not require a
decision by a Responsible Official to take effect.
    Written authorization. A term grazing permit, plan of operations,
special use authorization, mineral material contract or permit, or other
type of written instrument issued by the Forest Service or a lease or
permit for leasable minerals issued by the U.S. Department of the
Interior that authorizes the occupancy or use of National Forest System
lands or resources and specifies the terms and conditions under which
the occupancy or use may occur.



Sec. 214.3  Parties to an appeal.

    Parties to an appeal under this part are limited to the holder,
operator, or solicited applicants who are directly affected by an
appealable decision, intervenors, and the Responsible Official.



Sec. 214.4  Decisions that are appealable.

    To be appealable under this part, a decision must be issued by a
Responsible Official in writing and must fall into one of the following
categories:
    (a) Livestock grazing. (1) Modification of a term grazing permit
issued under 36 CFR part 222, subpart A. Issuance of annual operating
instructions does not constitute a permit modification and is not an
appealable decision;
    (2) Suspension or cancellation, other than cancellation resulting
from the permittee's waiver to the United States, of a term grazing
permit issued under 36 CFR part 222, subpart A;
    (3) Denial of reauthorization of livestock grazing under a term
grazing permit if the holder files an application for a new permit
before the existing permit expires; or
    (4) Denial of a term grazing permit to a solicited applicant under
36 CFR part 222, subpart C.
    (b) Minerals. (1) Approval or denial of an initial, modified, or
supplemental plan of operations or operating plan; requirement of an
increase in bond coverage; requirement of measures to avoid irreparable
injury, loss, or damage to surface resources pending modification of a
plan of operations or operating plan; or issuance of a notice of
noncompliance pursuant to 36 CFR part 228, subpart A or D, or part 292,
subpart D, F, or G;
    (2) Approval or denial of an operating plan, issuance of a notice of
noncompliance, or extension, suspension, or cancellation, other than
cancellation by mutual agreement, for or of contracts, permits, or
prospecting permits for mineral materials issued under 36 CFR part 228,
subpart C;
    (3) Approval or denial of a surface use plan of operations, request
to supplement a surface use plan of operations, suspension of oil and
gas operations, or issuance of a notice of noncompliance pursuant to 36
CFR part 228, subpart E;
    (4) Consent or denial of consent to the U.S. Department of the
Interior's administration of previously issued leases or permits for
leasable minerals other than oil and gas resources;
    (5) Suspension or revocation of an operating plan for Federal lands
within the Sawtooth National Recreation Area pursuant to 36 CFR part
292, subpart D;
    (6) Suspension of locatable mineral operations on National Forest
System lands within the Hells Canyon National

[[Page 31]]

Recreation Area pursuant to 36 CFR part 292, subpart F;
    (7) Suspension of locatable mineral operations on National Forest
System lands within the Smith River National Recreation Area or approval
of an initial or amended operating plan for exercise of outstanding
mineral rights on National Forest System lands within the Smith River
National Recreation Area pursuant to 36 CFR part 292, subpart G;
    (8) Except as provided in paragraph (7), determinations of the
acceptability of an initial or amended operating plan for exercise of
outstanding mineral rights on National Forest System lands; or
    (9) Determinations of the acceptability of an initial or amended
operating plan for exercise of reserved mineral rights located on
National Forest System lands.
    (c) Special uses. (1) Modification, suspension, or revocation of a
special use authorization, other than acceptance of an operating plan,
including:
    (i) A special use authorization issued under 36 CFR part 251,
subpart B or D, other than modification, suspension or revocation of a
noncommercial group use permit, suspension or revocation of an easement
issued pursuant to 36 CFR 251.53(e) or 251.53(l), or revocation with the
consent of the holder;
    (ii) A special use authorization issued under 36 CFR part 212,
subpart A, for ingress and egress to private lands that are intermingled
with or adjacent to National Forest System lands;
    (iii) A special use authorization issued under 36 CFR part 251,
subpart A, that authorizes the exercise of rights reserved in
conveyances to the United States;
    (iv) A permit and occupancy agreement issued under 36 CFR 213.3 for
national grasslands and other lands administered under Title III of the
Bankhead-Jones Farm Tenant Act;
    (v) A permit issued under 36 CFR 293.13 for access to valid
occupancies entirely within a wilderness in the National Forest System.
    (vi) A permit issued under the Archaeological Resources Protection
Act of 1979 and 36 CFR part 296 for excavation or removal of
archaeological resources; and
    (vii) A special use authorization governing surface use associated
with the exercise of outstanding mineral rights;
    (2) Denial of a special use authorization to a solicited applicant
based on the process used to select a successful applicant;
    (3) Implementation of new land use fees for a special use
authorization, other than:
    (i) Revision or replacement of a land use fee system or schedule
that is implemented through public notice and comment; and
    (ii) Annual land use fee adjustments based on an inflation factor
that are calculated under an established fee system or schedule in
accordance with the terms and conditions of a written authorization;
    (4) Assignment of a performance rating that affects reissuance or
extension of a special use authorization; or
    (5) Denial of renewal of a special use authorization if it
specifically provides for renewal and if the holder requests renewal of
the authorization before it expires.
    (d) Other land uses. Denial or revocation of a certification of
compliance issued under 36 CFR part 292, subpart C, related to the use,
subdivision, and development of privately owned property within the
boundaries of the Sawtooth National Recreation Area.



Sec. 214.5  Decisions that are not appealable.

    Holders, operators, and solicited applicants may not appeal under
this part any decisions issued by a Responsible Official that are not
expressly set forth in Sec. 214.4.



Sec. 214.6  Notice of an appealable decision.

    (a) The Responsible Official shall promptly give written notice of
decisions subject to appeal under this part to the affected holder,
operator, or solicited applicants and to any holder of a similar written
authorization who has made a written request to be notified of a
specific decision.
    (b) If the decision is appealable, the notice must specify the
contents of an appeal, the name and mailing address of the Appeal
Deciding Officer, and the filing deadline. The notice shall also

[[Page 32]]

include a statement indicating the Responsible Official's willingness to
meet with the affected holder, operator, or solicited applicants to
discuss any issues related to the decision and, where applicable,
informing term grazing permit holders of the opportunity to request
mediation in accordance with 36 CFR 222.20 through 222.26.
    (c) If the decision is not appealable, the Responsible Official must
include a statement in the written decision informing the affected
holder, operator, or solicited applicants that further administrative
review of the decision is not available.



Sec. 214.7  Levels of review.

    (a) Appeal. (1) One level of appeal is available for appealable
decisions made by District Rangers, Forest or Grassland Supervisors, and
Regional Foresters. If a District Ranger is the Responsible Official,
the appeal is filed with the Forest or Grassland Supervisor. If a Forest
or Grassland Supervisor is the Responsible Official, the appeal is filed
with the Regional Forester. If a Regional Forester is the Responsible
Official, the appeal is filed with the Chief of the Forest Service.
    (2) No appeal is available for decisions made by the Chief.
    (b) Discretionary review. (1) Appeal decisions issued by Forest or
Grassland Supervisors, Regional Foresters, or the Chief are eligible for
discretionary review. If a Forest or Grassland Supervisor is the Appeal
Deciding Officer, discretionary review is conducted by the Regional
Forester. If a Regional Forester is the Appeal Deciding Officer,
discretionary review is conducted by the Chief. If the Chief is the
Appeal Deciding Officer, discretionary review is conducted by the Under
Secretary for Natural Resources and Environment.
    (2) Decisions made by the Chief that fall into one of the categories
enumerated in 36 CFR 214.4 are eligible for discretionary review by the
Under Secretary for Natural Resources and Environment.



Sec. 214.8  Appeal content.

    (a) General requirements for the contents of an appeal. All appeals
must include:
    (1) The appellant's name, mailing address, daytime telephone number,
and email address, if any;
    (2) A brief description of the decision being appealed, including
the name and title of the Responsible Official and the date of the
decision;
    (3) The title or type and, if applicable, identification number for
the written authorization and the date of application for or issuance of
the written authorization, if applicable;
    (4) A statement of how the appellant is adversely affected by the
decision being appealed;
    (5) A statement of the relevant facts underlying the decision being
appealed;
    (6) A discussion of issues raised by the decision being appealed,
including identification of any laws, regulations, or policies that were
allegedly violated in reaching the decision being appealed;
    (7) A statement as to whether and how the appellant has attempted to
resolve the issues under appeal with the Responsible Official and the
date and outcome of those efforts;
    (8) A statement of the relief sought;
    (9) Any documents and other information upon which the appellant
relies; and
    (10) The appellant's signature and the date.
    (b) Specific requirements for the contents of an appeal. In addition
to the general requirements in Sec. 214.8(a), the following specific
requirements must be included in an appeal, where applicable:
    (1) A request for an oral presentation under Sec. 214.16;
    (2) A request for a stay under Sec. 214.13; and
    (3) A request to participate in a state mediation program regarding
certain term grazing permit disputes under 36 CFR part 222, subpart B.



Sec. 214.9  Filing of an appeal.

    (a) Timeframe for filing an appeal. An appeal must be filed with the
Appeal Deciding Officer within 45 days of the date of the decision.
    (b) Method of filing. Appeal documents may be filed in person or by
courier, by mail or private delivery service, by facsimile, or by
electronic mail. Parties to an appeal are responsible for

[[Page 33]]

ensuring timely filing of appeal documents.



Sec. 214.10  Dismissal of an appeal.

    (a) The Appeal Deciding Officer shall dismiss an appeal without
review when one or more of the following applies:
    (1) The appeal is not filed within the required time period.
    (2) The person or entity that filed the appeal is not a holder, an
operator, or a solicited applicant of a written authorization that is
the subject of the appealable decision.
    (3) The decision is not appealable under this part.
    (4) The appeal does not meet the content requirements specified in
Sec. 214.8(a), provided that an appeal may not be dismissed for failure
to include an appraisal report which has not been completed by the
filing deadline.
    (5) The appellant withdraws the appeal.
    (6) The Responsible Official withdraws the written decision that was
appealed.
    (7) An informal resolution of the dispute is reached pursuant to
Sec. 214.15 or a mediated agreement of a term grazing dispute is
achieved pursuant to 36 CFR part 222, subpart B.
    (8) The requested relief cannot be granted under applicable facts,
laws, regulations, or policies.
    (b) The Appeal Deciding Officer shall give written notice of the
dismissal of an appeal and shall set forth the reasons for dismissal.



Sec. 214.11  Intervention.

    (a) Eligibility to intervene. To participate as an intervenor in
appeals under this part, a party must:
    (1) Be a holder, an operator, or a solicited applicant who claims an
interest relating to the subject matter of the decision being appealed
and is so situated that disposition of the appeal may impair that
interest; and
    (2) File a written request to intervene with the Appeal Deciding
Officer within 15 days after an appeal has been filed.
    (b) Request to intervene. A request to intervene must include:
    (1) The requester's name, mailing address, daytime telephone number,
and email address, if any;
    (2) A brief description of the decision being appealed, including
the name and title of the Responsible Official and the date of the
decision;
    (3) The title or type and, if applicable, identification number for
the written authorization and the date of application for or issuance of
the written authorization, if applicable;
    (4) A description of the requester's interest in the appeal and how
disposition of the appeal may impair that interest;
    (5) A discussion of the factual and legal allegations in the appeal
with which the requester agrees or disagrees;
    (6) A description of additional facts and issues that are not raised
in the appeal that the requester believes are relevant and should be
considered;
    (7) A description of the relief sought, particularly as it differs
from the relief sought by the appellant;
    (8) Where applicable, a response to the appellant's request for a
stay of the decision being appealed;
    (9) Where applicable, a response to the appellant's request for an
oral presentation;
    (10) Where applicable, a response to the appellant's request for
mediation of a term grazing permit dispute under 36 CFR part 222,
subpart B; and
    (11) The requester's signature and the date.
    (c) Response to a request to intervene. The appellant and
Responsible Official shall have 5 days from receipt of a request to
intervene to file a written response with the Appeal Deciding Officer.
    (d) Intervention decision. The Appeal Deciding Officer shall have 5
days after the date a response to a request to intervene is due to issue
a decision granting or denying the request. The Appeal Deciding
Officer's decision shall be in writing and shall briefly explain the
basis for granting or denying the request. The Appeal Deciding Officer
shall deny a request to intervene or shall withdraw a decision granting
intervenor status as moot if the corresponding appeal is dismissed under
Sec. 214.10.

[[Page 34]]



Sec. 214.12  Responsive statement and reply.

    (a) Responsive statement. The Responsible Official shall prepare a
responsive statement addressing the factual and legal allegations in the
appeal. The responsive statement and any supporting documentation shall
be filed with the Appeal Deciding Officer within 20 days of receipt of
the appeal or the unsuccessful conclusion of mediation conducted
pursuant to 36 CFR part 222, subpart B, whichever is later.
    (b) Reply. Within 10 days of receipt of the responsive statement,
the appellant and intervenors, if any, may file a reply with the Appeal
Deciding Officer addressing the contentions in the responsive statement.



Sec. 214.13  Stays.

    (a) Implementation. An appealable decision shall be implemented
unless an authorized stay is granted under Sec. 214.13(b) or an
automatic stay goes into effect under Sec. 214.13(c).
    (b) Authorized stays. Except where a stay automatically goes into
effect under Sec. 214.13(c), the Appeal Deciding Officer may grant a
written request to stay the decision that is the subject of an appeal
under this part.
    (1) Stay request. To obtain a stay, an appellant must include a
request for a stay in the appeal pursuant to Sec. 214.8(b)(2) and a
statement explaining the need for a stay. The statement must include, at
a minimum:
    (i) A description of the adverse impact on the appellant if a stay
is not granted;
    (ii) A description of the adverse impact on National Forest System
lands and resources if a stay is not granted; or
    (iii) An explanation as to how a meaningful decision on the merits
of the appeal could not be achieved if a stay is not granted.
    (2) Stay response. The Responsible Official may support, oppose, or
take no position in the responsive statement regarding the appellant's
stay request. Intervenors may support, oppose, or take no position in
the intervention request regarding the appellant's stay request.
    (3) Stay decision. The Appeal Deciding Officer shall issue a
decision granting or denying a stay request within 10 days after a
responsive statement or an intervention request is filed, whichever is
later. The stay decision shall be in writing and shall briefly explain
the basis for granting or denying the stay request.
    (c) Automatic stays. The following decisions are automatically
stayed once an appeal is filed by a holder, operator, or solicited
applicant:
    (1) Decisions to issue a written authorization pursuant to a
prospectus;
    (2) Decisions to recalculate revenue-based land use fees for a
special use authorization pursuant to an audit issued after June 5,
2013; and
    (3) Decisions to cancel or suspend a term grazing permit subject to
mediation under 36 CFR 222.20 and for which mediation is requested in
accordance with that provision.
    (d) Stay duration. Authorized stays and automatic stays under Sec.
214.13(c)(1) and (c)(2) shall remain in effect until a final
administrative decision is issued in the appeal, unless they are
modified or lifted in accordance with Sec. 214.13(e). Automatic stays
under Sec. 214.13(c)(3) shall remain in effect for the duration of the
mediation period as provided in 36 CFR 222.22.
    (e) Modification or lifting of a stay. The Appeal Deciding Officer
or a Discretionary Reviewing Officer may modify or lift an authorized
stay based upon a written request by a party to the appeal who
demonstrates that the circumstances have changed since the stay was
granted and that it is unduly burdensome or unfair to maintain the stay.



Sec. 214.14  Conduct of an appeal.

    (a) Evidence of timely filing. The Appeal Deciding Officer shall
determine the timeliness of an appeal by the following indicators:
    (1) The date of the U.S. Postal Service postmark for an appeal
received before the close of the fifth business day after the appeal
filing date;
    (2) The electronically generated posted date and time for email and
facsimiles;
    (3) The shipping date for delivery by private carrier for an appeal
received before the close of the fifth business day after the appeal
filing date; or

[[Page 35]]

    (4) The official agency date stamp showing receipt of hand delivery.
    (b) Computation of time. (1) A time period in this part begins on
the first day following the event or action triggering the time period.
    (2) All time periods shall be computed using calendar days,
including Saturdays, Sundays, and Federal holidays. However, if a time
period ends on a Saturday, Sunday, or Federal holiday, the time period
is extended to the end of the next Federal business day.
    (c) Extensions of time--(1) In general. Parties to an appeal, Appeal
Deciding Officers, and Discretionary Reviewing Officers shall meet the
time periods specified in this part, unless an extension of time has
been granted under paragraph (c)(3) of this section. Extension requests
from parties to an appeal shall be made in writing, shall explain the
need for the extension, and shall be transmitted to the Appeal Deciding
Officer.
    (2) Time periods that may not be extended. The following time
periods may not be extended:
    (i) The time period for filing an appeal;
    (ii) The time period to decide whether to conduct discretionary
review of an appeal decision or a Chief's decision; and
    (iii) The time period to issue a discretionary review decision.
    (3) Time periods that may be extended. Except as provided in
paragraph (c)(2) of this section, all time periods in this part may be
extended upon written request by a party to an appeal and a finding of
good cause for the extension by the Appeal Deciding Officer. Written
requests for extensions of time will be automatically granted by the
Appeal Deciding Officer where the parties to an appeal represent that
they are working in good faith to resolve the dispute and that
additional time would facilitate negotiation of a mutually agreeable
resolution.
    (4) Decision. The Appeal Deciding Officer shall have 10 days to
issue a decision granting or denying the extension request. The decision
shall be in writing and shall briefly explain the basis for granting or
denying the request.
    (5) Duration. Ordinarily, extensions that add more than 60 days to
the appeal period should not be granted.
    (d) Procedural orders. The Appeal Deciding Officer may issue
procedural orders as necessary for the orderly, expeditious, and fair
conduct of an appeal under this part.
    (e) Consolidation of appeals. (1) The Appeal Deciding Officer may
consolidate multiple appeals of the same decision or of similar
decisions involving common issues of fact and law and issue one appeal
decision.
    (2) The Responsible Official may prepare one responsive statement
for consolidated appeals.
    (f) Requests for additional information. The Appeal Deciding Officer
may ask parties to an appeal for additional information to clarify
appeal issues. If necessary, the Appeal Deciding Officer may extend
appeal time periods per paragraph (c)(3) of this section to allow for
submission of the additional information and to give the other parties
an opportunity to review and comment on it.
    (g) Service of documents. (1) Parties to an appeal shall send a copy
of all documents filed in the appeal to all other parties, including the
appellant's sending a copy of the appeal to the Responsible Official, at
the same time the original is filed with the Appeal Deciding Officer.
All filings in an appeal must be accompanied by a signed and dated
certificate of service attesting that all other parties have been
served. Prospective intervenors shall send a copy of their request to
intervene to all parties to the appeal at the same time the original is
filed with the Appeal Deciding Officer. Each party and prospective
intervenor is responsible for identifying the parties to the appeal and
may contact the Appeal Deciding Officer for assistance regarding their
names and addresses. Filings in an appeal shall not be considered by the
Appeal Deciding Officer unless they are accompanied by a certificate of
service.
    (2) All decisions and orders issued by the Appeal Deciding Officer
and the Discretionary Reviewing Officer related to the appeal shall be
in writing and shall be sent to all parties to the appeal.

[[Page 36]]

    (h) Posting of final decisions. Once a final appeal decision or
discretionary review decision has been issued, its availability shall be
posted on the Web site of the national forest or national grassland or
region that issued the appealable decision or on the Web site of the
Washington Office for Chief's decisions.
    (i) Expenses. Each party to an appeal shall bear its own expenses,
including costs associated with preparing the appeal, participating in
an oral presentation, obtaining information regarding the appeal, and
retaining professional consultants or counsel.



Sec. 214.15  Resolution of issues prior to an appeal decision.

    (a) The Responsible Official may discuss an appeal with a party or
parties to narrow issues, agree on facts, and explore opportunities to
resolve one or more of the issues in dispute by means other than
issuance of an appeal decision.
    (b) The Responsible Official who issued a decision under appeal may
withdraw the decision, in whole or in part, during an appeal to resolve
one or more issues in dispute. The Responsible Official shall notify the
parties to the appeal and the Appeal Deciding Officer of the withdrawal.
If the withdrawal of the decision eliminates all the issues in dispute
in the appeal, the Appeal Deciding Officer shall dismiss the appeal
under Sec. 214.10.



Sec. 214.16  Oral presentation.

    (a) Purpose. The purpose of an oral presentation is to provide
parties to an appeal with an opportunity to discuss their concerns
regarding the appealable decision with the Appeal Deciding Officer.
    (b) Procedure. Oral presentations are not evidentiary proceedings
involving examination and cross-examination of witnesses and are not
subject to formal rules of procedure.
    (c) Scope. Oral presentations shall be conducted in an informal
manner and shall be limited to clarifying or elaborating upon
information that has already been filed with the Appeal Deciding
Officer. New information may be presented only if it could not have been
raised earlier in the appeal and if it would be unfair and prejudicial
to exclude it.
    (d) Requests. A request for an oral presentation included in an
appeal shall be granted by the Appeal Deciding Officer unless the appeal
has been dismissed under Sec. 214.10.
    (e) Availability. Oral presentations may be conducted during appeal
of a decision, but not during discretionary review.
    (f) Scheduling and rules. The Appeal Deciding Officer shall conduct
the oral presentation within 10 days of the date a reply to the
responsive statement is due. The Appeal Deciding Officer shall notify
the parties of the date, time, and location of the oral presentation and
the procedures to be followed.
    (g) Participation. All parties to an appeal are eligible to
participate in the oral presentation. At the discretion of the Appeal
Deciding Officer, non-parties may observe the oral presentation, but are
not eligible to participate.
    (h) Summaries and transcripts. A summary of an oral presentation may
be included in the appeal record only if it is submitted to the Appeal
Deciding Officer by a party to the appeal at the end of the oral
presentation. A transcript of an oral presentation prepared by a
certified court reporter may be included in the appeal record if the
transcript is filed with the Appeal Deciding Officer within 10 days of
the date of the oral presentation and if the transcript is paid for by
those who requested it.



Sec. 214.17  Appeal record.

    (a) Location. The Appeal Deciding Officer shall maintain the appeal
record in one location.
    (b) Contents. The appeal record shall consist of information filed
with the Appeal Deciding Officer, including the appealable decision,
appeal, intervention request, responsive statement, reply, oral
presentation summary or transcript, procedural orders and other rulings,
and any correspondence or other documentation related to the appeal as
determined by the Appeal Deciding Officer.
    (c) Closing of the record. (1) The Appeal Deciding Officer shall
close the appeal record on:

[[Page 37]]

    (i) The day after the date the reply to the responsive statement is
due if no oral presentation is conducted;
    (ii) The day after the oral presentation is conducted if no
transcript of the oral presentation is being prepared; or
    (iii) The day after the date a transcript of the oral presentation
is due if one is being prepared.
    (2) The Appeal Deciding Officer shall notify all parties to the
appeal of closing of the record.
    (d) Inspection by the public. The appeal record is open for public
inspection in accordance with the Freedom of Information Act, the
Privacy Act, and 7 CFR part 1.



Sec. 214.18  Appeal decision.

    (a) Appeal decisions made by the Appeal Deciding Officer shall be
issued within 30 days of the date the appeal record is closed.
    (b) The appeal decision shall be based solely on the appeal record
and oral presentation, if one is conducted.
    (c) The appeal decision shall conform to all applicable laws,
regulations, policies, and procedures.
    (d) The appeal decision may affirm or reverse the appealable
decision, in whole or in part. The appeal decision must specify the
basis for affirmation or reversal and may include instructions for
further action by the Responsible Official.
    (e) Except where a decision to conduct discretionary review has been
made and a discretionary review decision has been issued, the appeal
decision shall constitute USDA's final administrative decision.



Sec. 214.19  Procedures for discretionary review.

    (a) Initiation. (1) One day after issuance of an appeal decision,
the Appeal Deciding Officer shall send a copy of the appeal decision,
appeal, and appealable decision to the Discretionary Reviewing Officer
to determine whether discretionary review of the appeal decision should
be conducted.
    (2) One day after issuance of a Chief's decision that is eligible
for discretionary review under Sec. 214.7(b)(2), the Chief shall send
the decision to the Discretionary Reviewing Officer to determine whether
discretionary review should be conducted.
    (b) Criteria for determining whether to conduct discretionary
review. In deciding whether to conduct discretionary review, the
Discretionary Reviewing Officer should, at a minimum, consider the
degree of controversy surrounding the decision, the potential for
litigation, and the extent to which the decision establishes precedent
or new policy.
    (c) Time period. Upon receipt of the appeal decision, appeal, and
appealable decision or Chief's decision, the Discretionary Reviewing
Officer shall have 30 days to determine whether to conduct discretionary
review and may request the appeal record or the record related to the
Chief's decision during that time to assist in making that
determination. If a request for the record is made, it must be
transmitted to the Discretionary Reviewing Officer within 5 days.
    (d) Notification. The Discretionary Reviewing Officer shall notify
the parties and the Appeal Deciding Officer in writing of a decision to
conduct discretionary review. The Discretionary Reviewing Officer may
notify the parties and the Appeal Deciding Officer of a decision not to
conduct discretionary review within 30 days. If the Discretionary
Reviewing Officer takes no action within 30 days of receipt of the
appeal decision, appeal, and appealable decision or Chief's decision,
the appeal decision or Chief's decision shall constitute USDA's final
administrative decision.
    (e) Scope of discretionary review and issuance of a discretionary
review decision. Discretionary review shall be limited to the record. No
additional information shall be considered by the Discretionary
Reviewing Officer. The Discretionary Reviewing Officer shall have 30
days to issue a discretionary review decision after notification of the
parties and Appeal Deciding Officer has occurred pursuant to Sec.
214.19(d). The Discretionary Reviewing Officer's decision shall
constitute USDA's final administrative decision. If a discretionary
review decision is not issued within 30 days following the notification
of the decision to conduct discretionary review, the appeal decision or

[[Page 38]]

Chief's decision shall constitute USDA's final administrative decision.



Sec. 214.20  Exhaustion of administrative remedies.

    Per 7 U.S.C. 6912(e), judicial review of a decision that is
appealable under this part is premature unless the plaintiff has
exhausted the administrative remedies under this part.



Sec. 214.21  Information collection requirements.

    The rules of this part governing appeal of decisions relating to
occupancy or use of National Forest System lands and resources specify
the information that an appellant must provide in an appeal. Therefore,
these rules contain information collection requirements as defined in 5
CFR part 1320. These information collection requirements are assigned
Office of Management and Budget Control Number 0596-0231.



Sec. 214.22  Applicability and effective date.

    This part prescribes the procedure for administrative review of
appealable decisions and Chief's decisions set forth in Sec. 214.4
issued on or after June 5, 2013.



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 legal notice and opportunity to
          comment.
215.4 Actions not subject to legal notice and opportunity to comment.
215.5 Legal notice of proposed actions.
215.6 Comments on proposed actions.
215.7 Legal notice of decision.
215.8 Appeal Deciding Officer.
215.9 Decision implementation.
215.10 Emergency situations.
215.11 Decisions subject to appeal.
215.12 Decisions and actions not subject to appeal.
215.13 Who may appeal.
215.14 Appeal content.
215.15 Appeal time periods and process.
215.16 Dismissal of appeal without review.
215.17 Informal disposition.
215.18 Formal review and disposition procedures.
215.19 Appeal Reviewing Officer.
215.20 Secretary's authority.
215.21 Judicial proceedings.
215.22 Applicability and effective date.

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

    Source: 68 FR 33595, June 4, 2003, 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 the public receives notice and is
provided an opportunity to comment on proposed actions for projects and
activities implementing a land and resource management plan prior to a
decision by the Responsible Official. Second, this part establishes an
appeal process and identifies the decisions that may be appealed, who
may appeal those decisions, the responsibilities of the participants in
an appeal, and the procedures that apply for the prompt disposition of
the appeal.
    (b) Scope. Notice of proposed actions and opportunity to comment
provide an opportunity for the public to provide meaningful input prior
to the decision on projects and activities implementing land management
plans. The rules of this part complement other opportunities to
participate in the Forest Service's project and activity planning, such
as those provided by the National Environmental Policy Act of 1969
(NEPA) and its implementing regulations at 40 CFR parts 1500-1508 and 36
CFR part 220; the National Forest Management Act (NFMA) and its
implementing regulations at 36 CFR part 219; and the regulations at 36
CFR part 216 governing public notice and comment for certain Forest
Service directives.

[68 FR 33595, June 4, 2003, as amended at 78 FR 33723, June 5, 2013]



Sec. 215.2  Definitions.

    Address--An individual's or organization's current physical mailing
address. An e-mail address is insufficient for identification.
    Appeal--A document filed with an Appeal Deciding Officer in which an
individual or entity seeks review of a Forest Service decision under
this part.

[[Page 39]]

    Appeal Deciding Officer--The U.S. Department of Agriculture (USDA)
official or Forest Service line officer who is one organizational level
above the Responsible Official or the respective Deputy Forest
Supervisor, Deputy Regional Forester, or Associate Deputy Chief with the
delegation of authority relevant to the provisions of this part.
    Appeal disposition--Either a written appeal decision or written
notification in cases where the original decision is the final agency
action and no appeal decision is issued.
    Appeal period--The 45-calendar-day period following publication of
the legal notice in the newspaper of record of a decision during which
an appeal may be filed with the Appeal Deciding Officer.
    Appeal record-Documentation and other information filed with the
Appeal Deciding Officer within the relevant time period by parties to an
appeal and upon which review of an appeal is conducted.
    Appeal Reviewing Officer--A Forest Service line officer or USDA
official who reviews an appeal and makes a written recommendation to the
Appeal Deciding Officer on disposition of the appeal.
    Appellant--An individual or entity that has filed an appeal of a
decision under this part.
    Categorically excluded (CE)--Proposed actions, which do not
individually or cumulatively have a significant effect on the human
environment and for which neither an environmental impact statement
(EIS) nor an environmental assessment (EA) is required (40 CFR 1508.4;
FSH 1909.15, Chapter 30).
    Comment period--The 30-calendar-day period following publication of
the legal notice in the newspaper of record of a proposed action, during
which the public has the opportunity to provide comments to a
Responsible Official on a proposed action subject to this part, except
for projects requiring an EIS which follow CEQ procedures for notice and
comment (40 CFR parts 1503 and 1506.10; FSH 1909.15, Chapter 20). The
time period is computed using calendar days, including Saturdays,
Sundays, and Federal holidays. However, when the time period expires on
a Saturday, Sunday, or Federal holiday, comments shall be accepted until
the end of the next Federal working day.
    Decision documentation--The Decision Notice (DN) or Record of
Decision (ROD) and all relevant environmental and other analysis
documentation and records, including all comment letters received, on
which the Responsible Official bases a decision under appeal.
    Decision Notice (DN)--A concise written record of a Responsible
Official's decision based on an environmental assessment and a Finding
of No Significant Impact (FONSI) (40 CFR 1508.13; FSH 1909.15, Chapter
40).
    Emergency situation--A situation on National Forest System (NFS)
lands for which immediate implementation of all or part of a decision is
necessary for relief from hazards threatening human health and safety or
natural resources on those NFS or adjacent lands; or that would result
in substantial loss of economic value to the Federal Government if
implementation of the decision were delayed.
    Environmental Assessment (EA)--A concise public document that
provides sufficient evidence and analysis for determining whether to
prepare an environmental impact statement (EIS) or a finding of no
significant impact, aids an agency's compliance with the National
Environmental Policy Act (NEPA) when no EIS is necessary, and
facilitates preparation of a statement when one is necessary (40 CFR
1508.9; FSH 1909.15, Chapter 40).
    Environmental Impact Statement (EIS)--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)--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
CFR1508.13; FSH 1909.15, Chapter 40).
    Forest Service line officer--A Forest Service official who serves in
a direct

[[Page 40]]

line of command from the Chief and who has the delegated authority to
make and execute decisions subject to this part.
    Lead appellant--For appeals submitted with multiple names, or having
multiple organizations listed, the appellant identified to represent all
other appellants for the purposes of communication, written or
otherwise, regarding the appeal. The use of the generic term
``appellant'' applies to lead appellant also.
    Name--The first and last name of an individual or the name of an
organization. An electronic username is insufficient for identification
of an individual or organization.
    National Forest System land--All lands, waters or interests therein
administered by the Forest Service (Sec. 251.51).
    Newspaper(s) of record--Those principal newspapers of general
circulation annually identified in a list and published in the Federal
Register by each Regional Forester to be used for publishing notices of
projects and activities implementing land and resource management plans.
    Projects and activities implementing a land and resource management
plan--Site-specific projects and activities, including those for
research, on National Forest System lands that are approved in a
Decision Notice (DN) or Record of Decision (ROD) by a Forest Service
official.
    Proposed action--A proposal made by the Forest Service that is a
project or activity implementing a land and resource management plan on
National Forest System lands and is subject to the notice and comment
provisions of this part.
    Record of Decision (ROD)--A document signed by a Responsible
Official recording a decision that was preceded by preparation of an
environmental impact statement (40 CFR 1505.2; FSH 1909.15, Chapter 20).
    Responsible Official--The Forest Service line officer who has the
delegated authority to make and implement a decision that may be
appealed under this part.
    Substantive comments--Comments that are within the scope of the
proposed action, are specific to the proposed action, have a direct
relationship to the proposed action and include supporting reasons for
the Responsible Official to consider.
    Transmittal letter--The Responsible Official's letter transmitting
the decision documentation. The letter shall include only an index of
the transmitted documents and identification of those portions of the
record that relate to the issues raised.

[68 FR 33595, June 4, 2003, as amended at 78 FR 33723, June 5, 2013]



Sec. 215.3  Proposed actions subject to legal notice and opportunity to
comment.

    The legal notice (Sec. 215.5) and opportunity to comment procedures
(Sec. 215.6) apply only to:
    (a) Proposed projects and activities implementing land management
plans (Sec. 215.2) for which an environmental assessment (EA) is
prepared, except hazardous fuel reduction projects conducted under
provisions of the Healthy Forests Restoration Act (HFRA), as set out at
part 218, subpart A, of this title.
    (b) Proposed projects and activities described in a draft
environmental impact statement (DEIS) for which notice and comment
procedures are governed by 40 CFR parts 1500 through 1508, except
hazardous fuel reduction projects conducted under provisions of the
HFRA, as set out at part 218, subpart A, of this title.
    (c) Proposed non-significant amendments to a land and resource
management plan (pursuant to the 1982 planning regulations) that are
included as part of a decision on a proposed action for which an EA is
prepared;
    (d) A proposed action resulting in a revision of an EA based on
consideration of new information or changed circumstances (FSH 1909.15,
Chapter 10, section 18) as provided for in Sec. 215.18(b)(1); and
    (e) Proposed research activities to be conducted on National Forest
System lands.

[68 FR 33595, June 4, 2003, as amended at 69 FR 1533, Jan. 9, 2004; 73
FR 53712, Sept. 17, 2008]

[[Page 41]]



Sec. 215.4  Actions not subject to legal notice and opportunity to
comment.

    The procedures for legal notice (Sec. 215.5) and opportunity to
comment (Sec. 215.6) do not apply to:
    (a) Projects and activities which are categorically excluded from
documentation in an environmental impact statement (EIS) or
environmental assessment (EA) pursuant to FSH 1909.15, Chapter 30,
section 31;
    (b) Proposed amendments to, revision of, or adoption of land and
resource management plans that are made separately from any proposed
actions, and which are therefore subject to either the objection process
of Sec. 219.32 or the administrative appeal and review procedures of
part 217 in effect prior to November 9, 2000 (see 36 CFR parts 200 to
299, Revised as of July 1, 2000);
    (c) Projects and activities not subject to the provisions of the
National Environmental Policy Act and the implementing regulations at 40
CFR parts 1500-1508 and the National Forest Management Act and the
implementing regulations at 36 CFR part 219;
    (d) Determinations by the Responsible Official, after consideration
of new information or changed circumstances, that a revision of the EA
is not required (1909.15, Chapter 10, section 18); and
    (e) Rules promulgated in accordance with the Administrative
Procedure Act (5 U.S.C. 551 et seq.) or policies and procedures issued
in the Forest Service Manual and Handbooks (part 216).
    (f) Hazardous fuel reduction projects conducted under the provisions
of section 105 of the HFRA, except as provided in part 218, subpart A,
of this title.

[68 FR 33595, June 4, 2003, as amended at 69 FR 1533, Jan. 9, 2004]



Sec. 215.5  Legal notice of proposed actions.

    (a) Responsible Official. The Responsible Official shall:
    (1) Provide notice of the opportunity to comment on a proposed
action implementing the land and resource management plan.
    (2) Determine the most effective timing for publishing the legal
notice of the proposed action and opportunity to comment.
    (3) Promptly mail notice about the proposed action to any individual
or organization who has requested it and to those who have participated
in project planning.
    (4) Publish a legal notice of the opportunity to comment on a
proposed action as provided for in paragraph (b)(2).
    (5) Accept all written and oral comments on the proposed action as
provided for in Sec. 215.6(a)(4).
    (6) Identify all substantive comments.
    (b) Legal notice of proposed action--(1) Content of legal notice.
All legal notices shall include the following:
    (i) The title and brief description of the proposed action.
    (ii) A general description of the proposed action's location with
sufficient information to allow the interested public to identify the
location.
    (iii) A statement that the Responsible Official is requesting an
emergency situation determination or it has been determined that an
emergency situation exists for the project or activity as provided for
in Sec. 215.10, when applicable.
    (iv) For a proposed action to be analyzed and documented in an
environmental assessment (EA), a statement that the opportunity to
comment ends 30 days following the date of publication of the legal
notice in the newspaper of record (Sec. 215.6(a)(2)); legal notices
shall not contain the specific date since newspaper publication dates
may vary.
    (v) For a proposed action that is analyzed and documented in a draft
environmental impact statement (EIS), a statement that the opportunity
to comment ends 45 days following the date of publication of the notice
of availability (NOA) in the Federal Register (Sec. 215.6(a)(2)). The
legal notice must be published after the NOA and contain the NOA
publication date.
    (vi) A statement that only those who submit timely and substantive
comments will be accepted as appellants.
    (vii) The Responsible Official's name, title, telephone number, and
addresses (street, postal, facsimile, and e-mail) to whom comments are
to be submitted and the Responsible Official's office business hours for
those submitting

[[Page 42]]

hand-delivered comments (Sec. 215.6(a)(4)(ii)).
    (viii) A statement indicating that for appeal eligibility each
individual or representative from each organization submitting
substantive comments must either sign the comments or verify identity
upon request.
    (ix) The acceptable format(s) for electronic comments.
    (x) Instructions on how to obtain additional information on the
proposed action.
    (2) Publication. (i) Through notice published annually in the
Federal Register, each Regional Forester shall advise the public of the
newspaper(s) of record utilized for publishing legal notices required by
this part.
    (ii) Legal notice of the opportunity to comment on a proposed action
shall be published in the applicable newspaper of record identified in
paragraph (b)(2)(i) for each National Forest System unit. When the Chief
is the Responsible Official, notice shall also be published in the
Federal Register. The publication date of the legal notice in the
newspaper of record is the exclusive means for calculating the time to
submit comments on a proposed action to be analyzed and documented in an
EA. The publication date of the NOA in the Federal Register is the
exclusive means for calculating the time to submit comments on a
proposed action that is analyzed and documented in a draft EIS.



Sec. 215.6  Comments on proposed actions.

    (a) Opportunity to comment--(1) Time period for submission of
comments. (i) Environmental Assessment. Comments on the proposed action
shall be accepted for 30 days following the date of publication of the
legal notice.
    (ii) Draft Environmental Impact Statement. Comments on the proposed
action shall be accepted for 45 days following the date of publication
in the Federal Register pursuant to 40 CFR parts 1500-1508.
    (iii) It is the responsibility of all individuals and organizations
to ensure that their comments are received in a timely manner as
provided for in paragraph (a)(4).
    (iv) The time period for the opportunity to comment on environmental
assessments shall not be extended.
    (2) Computation of the comment period. The time period is computed
using calendar days, including Saturdays, Sundays, and Federal holidays.
However, when the time period expires on a Saturday, Sunday, or Federal
holiday, comments shall be accepted until the end of the next Federal
working day (11:59 p.m.).
    (i) Environmental Assessment (EA). The 30-day comment period for
proposed actions to be analyzed and documented in an EA begins on the
first day after publication of the legal notice.
    (ii) Draft Environmental Impact Statement (EIS). The 45-day comment
period for proposed actions that are analyzed and documented in a draft
EIS begins on the first day after publication of the NOA in the Federal
Register.
    (3) Requirements. Individuals and organizations wishing to be
eligible to appeal must provide the following:
    (i) Name and address.
    (ii) Title of the proposed action.
    (iii) Specific substantive comments (Sec. 215.2) on the proposed
action, along with supporting reasons that the Responsible Official
should consider in reaching a decision.
    (iv) Signature or other verification of identity upon request;
identification of the individual or organization who authored the
comment(s) is necessary for appeal eligibility.
    (A) For appeals listing multiple organizations or multiple
individuals, a signature or other means of verification must be provided
for the individual authorized to represent each organization and for
each individual in the case of multiple names, to meet appeal
eligibility requirements.
    (B) Those using electronic means may submit a scanned signature.
Otherwise another means of verifying the identity of the individual or
organizational representative may be necessary for electronically
submitted comments or comments received by telephone.

[[Page 43]]

    (v) Individual members of an organization must submit their own
substantive comments to meet the requirements of appeal eligibility;
comments received on behalf of an organization are considered as those
of the organization only.
    (vi) Oral comments must be provided at the Responsible Official's
office during normal business hours via telephone or in person, or if
during non-business hours, must be at an official agency function (such
as a public meeting) which is designed to elicit public comment.
    (4) Evidence of timely submission. When there is a question about
timely submission of comments, timeliness shall be determined as
follows:
    (i) Written comments must be postmarked by the Postal Service, e-
mailed, faxed, or otherwise submitted (for example, express delivery
service) by 11:59 p.m. on the 30th calendar day following publication of
the legal notice for proposed actions to be analyzed and documented in
an EA or the 45th calendar day following publication of the NOA in the
Federal Register for a draft EIS.
    (ii) Hand-delivered comments must be time and date imprinted at the
correct Responsible Official's office by the close of business on the
30th calendar day following publication of the legal notice for proposed
actions to be analyzed and documented in an EA or the 45th calendar day
following publication of the NOA in the Federal Register for a draft
EIS.
    (iii) For electronically mailed comments, the sender should normally
receive an automated electronic acknowledgment from the agency as
confirmation of receipt. If the sender does not receive an automated
acknowledgment of the receipt of the comments, it is the sender's
responsibility to ensure timely receipt by other means.
    (b) Consideration of comments. (1) The Responsible Official shall
consider all substantive written and oral comments submitted in
compliance with paragraph (a).
    (2) All written comments received by the Responsible Official shall
be placed in the project file and shall become a matter of public
record.
    (3) The Responsible Official shall document and date all oral
comments received in response to the legal notice (Sec. 215.5) and
place them in the project file.



Sec. 215.7  Legal notice of decision.

    (a) The Responsible Official shall promptly mail the Record of
Decision (ROD) or the Decision Notice (DN) and Finding of No Significant
Impact (FONSI) to those who requested the decision document and those
who submitted substantive comments during the comment period (Sec.
215.6).
    (b) The Responsible Official shall publish a legal notice of any
decision documented in a ROD or DN in the applicable newspaper of record
(Sec. 215.5(b)(2)). The legal notice shall:
    (1) Include the title of the project or activity 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 DN
and FONSI or ROD.
    (2) State that the decision is subject to appeal pursuant to 36 CFR
part 215 and include the following:
    (i) Name and address of the Appeal Deciding Officer with whom an
appeal is to be filed. The notice shall specify a street, postal, fax,
and e-mail address, the acceptable format(s) for appeals electronically
filed, and the Appeal Deciding Official's office business hours for
those filing hand-delivered appeals.
    (ii) A statement that the publication date of the legal notice in
the newspaper of record is the exclusive means for calculating the time
to file an appeal (Sec. 215.15 (a)) and that those wishing to appeal
should not rely upon dates or timeframe information provided by any
other source. An actual date shall not be included in the legal notice.
    (iii) A statement that an appeal, including attachments, must be
filed (regular mail, fax, e-mail, hand-delivery, express delivery, or
messenger service) with the appropriate Appeal Deciding Officer (Sec.
215.8) within 45 days following the date of publication of the legal
notice.
    (iv) A statement indicating that individuals or organizations who
submitted substantive comments during the comment period (Sec. 215.6)
may appeal.

[[Page 44]]

    (v) A statement specifying, when applicable, that the Chief of the
Forest Service, or a designee, has determined that an emergency
situation exists (Sec. 215.10), and which portion of the project is
covered by that determination as provided for in Sec. 215.10.
    (vi) A statement indicating how many days following publication of
the decision that implementation may begin (Sec. 215.9), including
those portions covered by an emergency situation determination, if
applicable (Sec. 215.10).
    (3) When no substantive comments expressing concerns or only
supportive comments are received, include a statement indicating that
the decision is not subject to appeal pursuant to Sec. 215.12.



Sec. 215.8  Appeal Deciding Officer.

    (a) Appropriate Appeal Deciding Officer. Appeals must be filed with
the Appeal Deciding Officer as follows:

------------------------------------------------------------------------
 If the responsible official who made the     Then the Appeal Deciding
               decision is:                          Officer is:
------------------------------------------------------------------------
Chief.....................................  Secretary of Agriculture.
Regional Forester or Station Director.....  Chief of the Forest Service.
Forest Supervisor.........................  Regional Forester.
District Ranger...........................  Forest Supervisor.
------------------------------------------------------------------------

    (b) Authority. The Appeal Deciding Officer makes all procedural
determinations. Such determinations are not subject to further
administrative review.
    (1) Consolidation of appeal decisions. In cases involving more than
one appeal of a decision, the Appeal Deciding Officer may consolidate
appeals and may issue one or more appeal decisions.
    (2) Appeals with multiple names (organization(s) or individuals).
(i) When an appeal lists multiple names, the Appeal Deciding Officer
shall identify all qualified appellants (Sec. 215.13).
    (ii) The Appeal Deciding Officer may appoint the first name listed
as the lead appellant (Sec. 215.2) to act on behalf of all parties to
that appeal when the appeal does not specify a lead appellant (Sec.
215.14(b)(3)).
    (3) Appeal disposition. (i) The Appeal Deciding Officer shall render
the final disposition on an appeal and notify the appellant(s) in
writing concerning the disposition of the appeal (Sec. 215.15(e)(2)).
    (ii) The Appeal Deciding Officer may issue an appeal decision
different from the Appeal Reviewing Officer's recommendation.



Sec. 215.9  Decision implementation.

    (a) When no appeal is filed within the 45-day time period,
implementation of the decision may begin on, but not before, the 5th
business day following the close of the appeal-filing period (Sec.
215.15).
    (b) Except for emergency situations (Sec. 215.10(c)), when an
appeal is filed, implementation may occur on, but not before, the 15th
business day following the date of appeal disposition (Sec. 215.2). In
the event of multiple appeals of the same decision, the implementation
date is controlled by the date of the last appeal disposition.
    (c) When a project or activity decision is not subject to appeal
(Sec. 215.12), implementation may occur as follows:
    (1) Immediately after publication (Sec. 215.7(b)) of a decision
documented in a Decision Notice; or
    (2) Immediately when documented in a Record of Decision after
complying with the timeframes and publication requirements described in
40 CFR 1506.10(b)(2).



Sec. 215.10  Emergency situations.

    (a) Authority. The Chief and the Associate Chief of the Forest
Service are authorized to make the determination that an emergency
situation (Sec. 215.2) exists, and they may delegate this authority
only to the Deputy Chief for National Forest System and to the Regional
Foresters. Persons acting in these positions may exercise this authority
only when they are filling vacant positions and they have been formally
delegated full acting authority for the positions. Persons acting in
positions during temporary absences of the incumbents shall not be
delegated this authority to make emergency situation determinations.
    (b) Determination. The determination that an emergency situation
exists shall be based on an examination of the relevant information.
During the review, additional information may be requested.

[[Page 45]]

    (c) Implementation. When it is determined that an emergency
situation exists with respect to all or part of the decision,
implementation may proceed as follows:
    (1) Immediately after publication (Sec. 215.7(b)) of a decision
documented in a Decision Notice, for that portion of the decision
determined to be an emergency.
    (2) Immediately when documented in a Record of Decision, after
complying with the timeframes and publication requirements described in
40 CFR 1506.10(b)(2), for that portion of the decision determined to be
an emergency.
    (d) Notification. The Responsible Official shall notify the public
in the legal notice of the decision (Sec. 215.7) that the Forest
Service made a determination that all or part of a project decision is
an emergency situation.



Sec. 215.11  Decisions subject to appeal.

    The following decisions are subject to appeal under this part:
    (a) Decisions for projects and activities implementing land and
resource management plans (Sec. 215.2) documented in a Record of
Decision (ROD) or Decision Notice (DN), including those which contain a
non-significant amendment to a land and resource management plan as a
part of the decision;
    (b) A new DN after revision of an environmental assessment (EA), or
a new ROD after supplementation or revision of an environmental impact
statement (EIS), pursuant to FSH 1909.15, Chapter 10, section 18.
However, only that portion of the decision that is changed is subject to
appeal.
    (c) Decisions made in conjunction with other Federal agencies and
meeting the requirements of preceding paragraph (a). However, only that
portion of the decision made by the Forest Service affecting National
Forest System lands (Sec. 215.2) is subject to appeal under this part.

[68 FR 33595, June 4, 2003, as amended at 78 FR 33723, June 5, 2013]



Sec. 215.12  Decisions and actions not subject to appeal.

    The following decisions and actions are not subject to appeal under
this part, except as noted:
    (a) The amendment, revision, or adoption of a land and resource
management plan that includes a project decision, except that the
project portion of the decision is subject to this part. The amendment,
revision, or adoption portion of a decision is subject to either the
objection process of Sec. 219.32 or the administrative appeal and
review procedures of part 217 in effect prior to November 9, 2000 (see
36 CFR parts 200 to 299, Revised as of July 1, 2000);
    (b) Determination, with documentation, that a new decision is not
needed following supplementation of an environmental impact statement
(EIS) or revision of an environmental assessment (EA) pursuant to FSH
1909.15, Chapter 10, section 18.
    (c) Preliminary findings made during planning and/or analysis
processes on a project or activity. Such findings are appealable only
upon issuance of a decision document.
    (d) Subsequent implementing actions that result from the initial
project decision that was subject to appeal.
    (e) Projects or activities for which notice of the proposed action
and opportunity to comment is published (Sec. 215.5) and
    (1) No substantive comments expressing concerns or only supportive
comments are received during the comment period for a proposed action
analyzed and documented in an EA (Sec. 215.6); or
    (2) No substantive comments expressing concerns or only supportive
comments are received during the comment period for a draft EIS (40 CFR
1502.19), and the Responsible Official's decision does not modify the
preferred alternative identified in the draft EIS.
    (f) Decisions for actions that have been categorically excluded from
documentation in an EA or EIS pursuant to FSH 1909.15, Chapter 30,
section 31.
    (g) An amendment, revision, or adoption of a land and resource
management plan that is made independent of a project or activity
(subject to either the objection process of Sec. 219.32 or the
administrative appeal and review procedures of part 217 in effect prior
to November 9, 2000 (see 36 CFR parts 200 to 299, Revised as of July 1,
2000)).

[[Page 46]]

    (h) Concurrences and recommendations to other Federal agencies.
    (i) Hazardous fuel reduction projects conducted under provisions of
the HFRA, as set out at part 218, subpart A, of this title.

[68 FR 33595, June 4, 2003, as amended at 69 FR 1533, Jan. 9, 2004]



Sec. 215.13  Who may appeal.

    (a) Individuals and organizations who submit substantive written or
oral comments during the 30-day comment period for an environmental
assessment, or 45-day comment period for a draft environmental impact
statement (Sec. 215.6, 40 CFR 1506.10; FSH 1909.15, Chapter 20), except
as provided for in paragraph (c) of this section, may file an appeal.
Comments received from an authorized representative(s) of an
organization are considered those of the organization only; individual
members of that organization do not meet appeal eligibility solely on
the basis of membership in an organization; the member(s) must submit
substantive comments as an individual in order to meet appeal
eligibility.
    (b) When an appeal lists multiple individuals or organizations, each
shall meet the requirements of paragraph (a) of this section.
Individuals or organizations that do not meet the requirements of
paragraph (a) shall not be accepted as appellants.
    (c) Federal agencies may not appeal.
    (d) Federal employees, who otherwise meet the requirements of this
part for filing appeals in a non-official capacity, 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 nor use government property or equipment
in the preparation or filing of an appeal. Further, employees shall not
incorporate information unavailable to the public, i.e. Federal agency
documents that are exempt from disclosure under the Freedom of
Information Act (5 U.S.C. 552 (b)).



Sec. 215.14  Appeal content.

    (a) It is the appellant's responsibility to provide sufficient
project- or activity-specific evidence and rationale, focusing on the
decision, to show why the Responsible Official's decision should be
reversed (paragraph (b)(6-9)).
    (b) The appeal must be filed with the Appeal Deciding Officer Sec.
215.8 in writing. At a minimum, an appeal must include the following:
    (1) Appellant's name and address (Sec. 215.2), with a telephone
number, if available;
    (2) Signature or other verification of authorship upon request (a
scanned signature for electronic mail may be filed with the appeal);
    (3) When multiple names are listed on an appeal, identification of
the lead appellant (Sec. 215.2) and verification of the identity of the
lead appellant upon request;
    (4) The name of the project or activity for which the decision was
made, the name and title of the Responsible Official, and the date of
the decision;
    (5) Any specific change(s) in the decision that the appellant seeks
and rationale for those changes;
    (6) Any portion(s) of the decision with which the appellant
disagrees, and explanation for the disagreement;
    (7) Why the appellant believes the Responsible Official's decision
failed to consider the substantive comments; and
    (8) How the appellant believes the decision specifically violates
law, regulation, or policy.
    (c) The Appeal Deciding Officer shall not process an appeal when one
or more of the following applies:
    (1) An appellant's identity is not provided or cannot be determined
from the signature (written or electronically scanned) and a reasonable
means of contact is not provided.
    (2) The appellant has not provided a reasonable means of contact.
    (3) The decision cannot be identified.
    (4) The appeal is illegible for any reason, including those
submitted electronically in a format different from that specified in
the legal notice.

[68 FR 33595, June 4, 2003, as amended at 78 FR 33723, June 5, 2013]



Sec. 215.15  Appeal time periods and process.

    (a) Time to file an appeal. Written appeals, including any
attachments, must

[[Page 47]]

be filed with the Appeal Deciding Officer within 45 days following the
publication date of the legal notice of the decision in the newspaper of
record (Sec. 215.7). It is the responsibility of appellants to ensure
that their appeal is received in a timely manner.
    (b) Computation of time periods. (1) All time periods are computed
using calendar days, including Saturdays, Sundays, and Federal holidays.
However, when the time period expires on a Saturday, Sunday, or Federal
holiday, the time is extended to the end of the next Federal working day
(11:59 p.m.).
    (2) The day after the publication of the legal notice of the
decision in the newspaper of record (Sec. 215.7) is the first day of
the appeal-filing period.
    (3) The publication date of the legal notice of the decision in the
newspaper of record is the exclusive means for calculating the time to
file an appeal. Appellants should not rely on dates or timeframe
information provided by any other source.
    (c) Evidence of timely filing. Parties to an appeal are responsible
for ensuring timely filing of appeal documents. Questions regarding
whether an appeal document has been timely filed shall be resolved by
the Appeal Deciding Officer based on the following indicators:
    (1) The date of the U.S. Postal Service postmark for an appeal
received before the close of the fifth business day after the appeal
filing date;
    (2) The electronically generated posted date and time for email and
facsimiles;
    (3) The shipping date for delivery by private carrier for an appeal
received before the close of the fifth business day after the appeal
filing date; or
    (4) The official agency date stamp showing receipt of hand delivery.
    (d) Extensions. Time extensions, except as noted in paragraph (b) of
this section, are not permitted.
    (e) Other timeframes. Unless an appeal is resolved through the
informal disposition process (Sec. 215.17), the following timeframes
and processes shall apply:
    (1) Transmittal of decision documentation. Within 15 days of the
close of the appeal-filing period, the Responsible Official shall
transmit the decision documentation to the Appeal Reviewing Officer
including a list of those individuals or organizations who submitted
substantive comments.
    (2) Appeal disposition. Within 45 days following the end of the
appeal-filing period, the Appeal Deciding Officer should render a
written decision to the appellant(s) concerning their appeal. When an
appeal decision is not rendered by day 45, the Appeal Deciding Officer
shall notify the appellant(s) in writing that an appeal decision will
not be issued (Sec. 215.18(b).
    (3) When an appeal decision is not issued within 45 days, the
Responsible Official's decision is deemed the final agency action.

[68 FR 33595, June 4, 2003, as amended at 78 FR 33723, June 5, 2013]



Sec. 215.16  Dismissal of appeal without review.

    (a) The Appeal Deciding Officer shall dismiss an appeal without
review when one or more of the following applies:
    (1) The postmark on an appeal mailed or otherwise filed (for
example, express mail service) or the evidence of the date sent on an e-
mailed or faxed appeal is not within the 45-day appeal-filing period
(Sec. 215.15).
    (2) The time and date imprint at the correct Appeal Deciding
Officer's office on a hand-delivered appeal is not within the 45-day
appeal-filing period (Sec. 215.15).
    (3) The requested relief or change cannot be granted under law or
regulation.
    (4) The appellant has appealed the same decision under part 251
(Sec. 215.11(d)).
    (5) The decision is not subject to appeal (Sec. 215.12).
    (6) The individual or organization did not submit substantive
comments during the comment period (Sec. 215.6).
    (7) The Responsible Official withdraws the decision.
    (8) The appeal does not provide sufficient information in response
to Sec. 215.14(b)(6) through (b)(9) for the Appeal Deciding Officer to
render a decision.
    (9) The appellant withdraws the appeal.
    (b) Any additional information or attachment to an appeal that is
not filed within the 45-day appeal-filing period shall not be considered
with the appeal.

[[Page 48]]

    (c) The Appeal Deciding Officer shall give written notice to the
appellant and the Responsible Official when an appeal is dismissed and
shall give the reasons for dismissal.



Sec. 215.17  Informal disposition.

    (a) Offer to meet. When an appeal is received, the Responsible
Official, or designee, must contact the appellant and offer to meet and
discuss resolution of the issues raised in the appeal. This contact
shall be made as soon as practicable after the Appeal Deciding Officer
receives the appeal and the Responsible Official is notified. In the
case of multiple names or organizations, it is the responsibility of the
lead appellant (Sec. 215.2) to contact any other persons named in their
appeal who may desire to participate in the informal disposition
meeting. If the appellant(s) decline to meet, the Responsible Official
shall so advise the Appeal Deciding Officer.
    (b) Time and location of meeting. When an appellant agrees to meet,
the initial meeting shall take place within 15 days after the closing
date for filing an appeal (Sec. 215.15). The location of the meeting
shall be in the vicinity of the lands affected by the decision. When the
District Ranger is the Responsible Official, meetings will generally be
located on or near that Ranger District. When the Forest Supervisor,
Regional Forester, or the Chief is the Responsible Official, meetings
will generally take place at a location within or near the National
Forest.
    (c) Meeting structure. Generally, the appellant(s) should be
physically present at informal disposition meetings. If the 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. All meetings are open
to the public.
    (d) Outcome. After the informal disposition meeting, the Responsible
Official shall notify the Appeal Deciding Officer in writing of the
meeting participants and which of the following three outcomes occurred.
    (1) An appellant and the Responsible Official reach agreement on
disposition of all or a portion of an appeal. The appellant shall
withdraw all or the agreed upon portion of the appeal by letter to the
Appeal Deciding Officer within 15 days of the agreement. When the
appellant does not withdraw the appeal in writing, formal review and
disposition of the appeal shall continue.
    (2) As a result of the agreement reached at the informal disposition
meeting, new information is received or changes to the original decision
or environmental analysis are proposed. The Responsible Official must
follow the correction, supplementation, or revision of environmental
documentation and reconsideration of decisions to take action guidance
in FSH 1909.15, Chapter 10, section 18, and Sec. Sec. 215.3 and 215.4.
    (3) An appeal is not entirely resolved through informal disposition.
Formal review and disposition of the unresolved portion of the appeal
shall continue (Sec. 215.18).



Sec. 215.18  Formal review and disposition procedures.

    (a) Scope of review. The Appeal Deciding Officer shall complete a
review based on the appeal record (Sec. 215.2) and the Appeal Reviewing
Officer's recommendation (Sec. 215.19(b)).
    (b) Disposition. The Appeal Deciding Officer shall either:
    (1) Issue a written appeal decision within 45 days following the end
of the appeal-filing period, which affirms or reverses the Responsible
Official's decision, either in whole or in part, and which may include
instructions for further action. When an appeal decision involves
instructions concerning new information or changed circumstances, the
Responsible Official must follow the correction, supplementation, or
revision of environmental documentation and reconsideration of decisions
to take action guidance in FSH 1909.15, Chapter 10, section 18 and
Sec. Sec. 215.3, 215.4, 215.11, and 215.12. The Appeal Deciding Officer
shall send a copy of the appeal decision to the appellant(s), the Appeal
Reviewing Officer, and the Responsible Official within 5 days; or
    (2) Not issue an appeal decision and so notify the appellant(s) in
writing that an appeal decision will not be issued and that the
Responsible Official's decision constitutes the final

[[Page 49]]

agency action of the Department of Agriculture (Sec. 215.15(e)(2)).
Notification shall be sent no sooner than 46 days nor later than 50 days
following the end of the appeal-filing period.
    (c) Final administrative determination. The Appeal Deciding
Officer's appeal disposition constitutes the final administrative
determination of the Department of Agriculture.



Sec. 215.19  Appeal Reviewing Officer.

    (a) Designation. The Appeal Reviewing Officer shall be:
    (1) Designated by the Chief or designee, and shall be a line officer
at least at the level of the agency official who made the initial
decision on the project or activity that is under appeal, who has not
participated in the initial decision and will not be responsible for
implementation of the initial decision after the appeal is decided; or
    (2) Designated by the Secretary in the case of Chief's decisions.
    (b) Review and recommendation. The Appeal Reviewing Officer shall
review an appeal and the decision documentation and make a written
recommendation to the Appeal Deciding Officer on the disposition of the
appeal. That recommendation shall be released only upon issuance of an
appeal decision.
    (c) Multiple appeals. In cases involving more than one appeal of a
decision, the Appeal Reviewing Officer may consolidate appeals and issue
one or more recommendations.



Sec. 215.20  Secretary's authority.

    (a) Nothing in this section shall restrict the Secretary of
Agriculture from exercising any statutory authority regarding the
protection, management, or administration of National Forest System
lands.
    (b) Decisions of the Secretary of Agriculture or Under Secretary,
Natural Resources and Environment are not subject to the notice,
comment, and appeal procedures set forth in this part. A decision by the
Secretary or Under Secretary constitutes the final administrative
determination of the Department of Agriculture.



Sec. 215.21  Judicial proceedings.

    It is the position of the Department of Agriculture that any filing
for Federal judicial review of a decision subject to appeal is premature
and inappropriate unless the plaintiff has first sought to invoke and
exhaust the appeal procedures in this part (7 U.S.C. 6912 (e)).



Sec. 215.22  Applicability and effective date.

    (a) The notice, comment, and appeal procedures set out in this part,
except as noted in paragraph (b) below, apply to all projects and
activities for which legal notice is published pursuant to Sec. 215.5
on or after June 4, 2003.
    (b) The provisions concerning electronic comments (Sec. Sec.
215.5(b)(vi-vii) and 215.6(a)(4)(iii)) and electronic appeals
(Sec. Sec. 215.7(b)(2)(i) and (iii) and 215.15(c)(1) and (3)) are
effective July 7, 2003.
    (c) The notice, comment, and appeal procedures of part 215 in effect
prior to June 4, 2003 remain in effect for those projects and activities
for which legal notice (Sec. 215.5 or Sec. 215.7) is published prior
to June 4, 2003 (see 36 CFR parts 200 to 299, Revised as of July 1,
2002).



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

[[Page 50]]

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 necessary, 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.



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;

[[Page 51]]

    (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 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

[[Page 52]]

Manual directives involve Forest Service Research or State and Private
Forestry programs, review copies shall be available at comparable
administrative offices.



PART 218_PROJECT-LEVEL PREDECISIONAL ADMINISTRATIVE REVIEW
PROCESS--Table of Contents



                      Subpart A_General Provisions

Sec.
218.1 Purpose and scope.
218.2 Definitions.
218.3 Reviewing officer.
218.4 Proposed projects and activities not subject to objection.
218.5 Who may file an objection.
218.6 Computation of time periods.
218.7 Giving notice of objection process for proposed projects and
          activities subject to objection.
218.8 Filing an objection.
218.9 Evidence of timely filing.
218.10 Objections set aside from review.
218.11 Resolution of objections.
218.12 Timing of project decision.
218.13 Secretary's authority.
218.14 Judicial proceedings.
218.15 Information collection requirements.
218.16 Effective dates.

Subpart B_Provisions Specific to Project-Level Proposals Not Authorized
                Under the Healthy Forests Restoration Act

218.20 Applicability and scope.
218.21 Emergency situations.
218.22 Proposed projects and activities subject to legal notice and
          opportunity to comment.
218.23 Proposed projects and activities not subject to legal notice and
          opportunity to comment.
218.24 Notification of opportunity to comment on proposed projects and
          activities.
218.25 Comments on proposed projects and activities.
218.26 Objection time periods.

Subpart C_Provisions Specific to Proposed Projects Authorized Under the
                     Healthy Forests Restoration Act

218.30 Applicability and scope.
218.31 Authorized hazardous fuel reduction projects subject to
          objection.
218.32 Objection time periods.

    Authority: Pub. L. 108-148, 117 Stat 1887 (16 U.S.C. 6515 note);
Sec. 428, Pub. L. 112-74 125 Stat 1046.

    Source: 78 FR 18497, Mar. 27, 2013, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 218.1  Purpose and scope.

    This subpart establishes a predecisional administrative review
(hereinafter referred to as ``objection'') process for proposed actions
of the Forest Service concerning projects and activities implementing
land and resource management plans documented with a Record of Decision
or Decision Notice, including proposed authorized hazardous fuel
reduction projects as defined in the Healthy Forests Restoration Act of
2003 (HFRA). The objection process is the sole means by which
administrative review of qualifying projects.
    (a) This subpart A provides the general provisions of the objection
process, including who may file objections to proposed projects and
activities, the responsibilities of the participants in an objection,
and the procedures that apply for review of the objection.
    (b) Subpart B of this part includes provisions that are specific to
proposed projects and activities implementing land and resource
management plans documented with a Record of Decision or Decision
Notice, except those authorized under the HFRA.
    (c) Subpart C of this part includes provisions that are specific to
proposed hazardous fuel reduction projects authorized under the HFRA.



Sec. 218.2  Definitions.

    The following definitions apply to this part:
    Address. An individual's or organization's current physical mailing
address. An email address alone is not sufficient.
    Authorized hazardous fuel reduction project. A hazardous fuel
reduction project authorized by the Healthy Forests Restoration Act of
2003 (HFRA).
    Decision notice (DN). A concise written record of a responsible
official's decision when an environmental assessment and a finding of no
significant impact (FONSI) have been prepared (36 CFR 220.3). The draft
decision notice made available pursuant to Sec. 218.7(b) will include a
draft FONSI unless an environmental impact statement is expected to be
prepared.

[[Page 53]]

    Entity. For purposes of eligibility to file an objection (Sec.
218.5), an entity includes non-governmental organizations, businesses,
partnerships, state and local governments, Alaska Native Corporations,
and Indian Tribes.
    Environmental assessment (EA). A concise public document for which a
Federal agency is responsible that provides sufficient evidence and
analysis for determining whether to prepare an environmental impact
statement (EIS) or a finding of no significant impact (FONSI), aids an
agency's compliance with the National Environmental Policy Act (NEPA)
when no EIS is necessary, and facilitates preparation of a statement
when one is necessary (40 CFR 1508.9(a)).
    Environmental impact statement (EIS). A detailed written statement
as required by Section 102(2)(C) of the National Environmental Policy
Act (NEPA) of 1969 (40 CFR 1508.11).
    Forest Service line officer. The Chief of the Forest Service or a
Forest Service official who serves in the direct line of command from
the Chief.
    Lead objector. For an objection submitted with multiple individuals
and/or entities listed, the individual or entity identified to represent
all other objectors for the purposes of communication, written or
otherwise, regarding the objection.
    Name. The first and last name of an individual or the complete name
of an entity. An electronic username is insufficient for identification
of an individual or entity.
    National Forest System land. All lands, waters, or interests therein
administered by the Forest Service (36 CFR 251.51).
    Newspaper(s) of record. Those principal newspapers of general
circulation annually identified in a list and published in the Federal
Register by each regional forester to be used for publishing notices of
projects and activities implementing land management plans.
    Objection. The written document filed with a reviewing officer by an
individual or entity seeking predecisional administrative review of a
proposed project or activity implementing a land management plan,
including proposed HFRA-authorized hazardous fuel reduction projects,
and documented with an environmental assessment or environmental impact
statement.
    Objection filing period. The period following publication of the
legal notice in the newspaper of record of an environmental assessment
and draft Decision Notice, or final environmental impact statement and
draft Record of Decision, for a proposed project or activity during
which an objection may be filed with the reviewing officer (Sec.
218.7(c)(2)(iii) and Sec. 218.6(a) and (b)). When the Chief is the
responsible official the objection period begins following publication
of a notice in the Federal Register (Sec. 218.7(c)(2)(iii)). The
objection filing period closes at 11:59 p.m. in the time zone of the
receiving office on the last day of the filing period (Sec. 218.6(a)).
    Objection process. The procedures established in this subpart for
predecisional administrative review of proposed projects or activities
implementing land management plans, including proposed HFRA-authorized
hazardous fuel reduction projects.
    Objector. An individual or entity filing an objection who submitted
written comments specific to the proposed project or activity during
scoping or other opportunity for public comment. The use of the term
``objector'' applies to all persons or entities who meet eligibility
requirements associated with the filed objection (Sec. 218.5).
    Record of decision (ROD). A document signed by a responsible
official recording a decision that was preceded by preparation of an
environmental impact statement (EIS) (see 40 CFR 1505.2).
    Responsible official. The Agency employee who has the authority to
make and implement a decision on a proposed action subject to this part.
    Specific written comments. Written comments are those submitted to
the responsible official or designee during a designated opportunity for
public participation (Sec. 218.5(a)) provided for a proposed project.
Written comments can include submission of transcriptions or other notes
from oral statements or presentation. For the purposes of this rule,
specific written comments should be within the scope of the proposed
action, have a direct

[[Page 54]]

relationship to the proposed action, and must include supporting reasons
for the responsible official to consider.



Sec. 218.3  Reviewing officer.

    (a) The reviewing officer is the U.S. Department of Agriculture
(USDA) or Forest Service official having the delegated authority and
responsibility to review an objection filed under this part. For project
or activity proposals made below the level of the Chief, the reviewing
officer is the Forest Service line officer at the next higher
administrative level above the responsible official, or the respective
Associate Deputy Chief, Deputy Regional Forester, or Deputy Forest
Supervisor with the delegation of authority relevant to the provisions
of this part. When a project or activity proposal is made by the Chief,
the Secretary of Agriculture or Under Secretary, Natural Resources and
Environment is the reviewing officer.
    (b) The reviewing officer determines procedures to be used for
processing objections when the procedures are not specifically described
in this part, including, to the extent practicable, such procedures as
needed to be compatible with the administrative review processes of
other Federal agencies, when projects are proposed jointly. Such
determinations are not subject to further administrative review.



Sec. 218.4  Proposed projects and activities not subject to objection.

    Proposed projects and activities are not subject to objection when
no timely, specific written comments regarding the proposed project or
activity (see Sec. 218.2) are received during any designated
opportunity for public comment (see Sec. 218.5(a)). The responsible
official must issue a statement in the Record of Decision or Decision
Notice that the project or activity was not subject to objection.



Sec. 218.5  Who may file an objection.

    (a) Individuals and entities as defined in Sec. 218.2 who have
submitted timely, specific written comments regarding a proposed project
or activity that is subject to these regulations during any designated
opportunity for public comment may file an objection. Opportunity for
public comment on a draft EIS includes request for comments during
scoping, the 40 CFR 1506.10 comment period, or other public involvement
opportunity where written comments are requested by the responsible
official. Opportunity for public comment on an EA includes during
scoping or any other instance where the responsible official seeks
written comments.
    (b) Federally-recognized Indian Tribes and Alaska Native
Corporations are also eligible to file an objection when specific
written comments as defined in Sec. 218.2 are provided during Federal-
Tribal consultations.
    (c) Comments received from an authorized representative(s) of an
entity are considered those of the entity only. Individual members of
that entity do not meet objection eligibility requirements solely on the
basis of membership in an entity. A member or an individual must submit
timely, specific written comments independently in order to be eligible
to file an objection in an individual capacity.
    (d) When an objection lists multiple individuals or entities, each
individual or entity must meet the requirements of paragraph (a) of this
section. If the objection does not identify a lead objector as required
at Sec. 218.8(d)(3), the reviewing officer will delegate the first
eligible objector on the list as the lead objector. Individuals or
entities listed on an objection that do not meet eligibility
requirements will not be considered objectors. Objections from
individuals or entities that do not meet the requirements of paragraph
(a) of this section will not be accepted and will be documented as such
in the objection record.
    (e) Federal agencies may not file objections.
    (f) Federal employees who otherwise meet the requirements of this
subpart for filing objections in a non-official capacity must 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
must not be on official duty nor use Government property or equipment in
the preparation

[[Page 55]]

or filing of an objection. Further, employees must not use or otherwise
incorporate information unavailable to the public, such as Federal
agency documents that are exempt from disclosure under the Freedom of
Information Act (5 U.S.C. 552(b)).



Sec. 218.6  Computation of time periods.

    (a) Computation. All time periods are computed using calendar days,
including Saturdays, Sundays, and Federal holidays. However, when the
time period expires on a Saturday, Sunday, or Federal holiday, the time
is extended to the end of the next Federal working day as stated in the
legal notice (11:59 p.m. in the time zone of the receiving office for
objections filed by electronic means such as email or facsimile).
    (b) Starting date. The day after publication of the legal notice
required by Sec. 218.7(c) is the first day of the objection-filing
period.
    (c) Publication date. The publication date of the legal notice of
the EA or final EIS in the newspaper of record or, when the Chief is the
responsible official, the Federal Register, is the exclusive means for
calculating the time to file an objection. Objectors may not rely on
dates or timeframe information provided by any other source.
    (d) Extensions. Time extensions are not permitted except as provided
at paragraph (a) of this section, and Sec. 218.26(b).



Sec. 218.7  Giving notice of objection process for proposed projects and
activities subject to objection.

    (a) In addition to the notification required in paragraph (c) of
this section, the responsible official must disclose during scoping and
in the EA or EIS that the proposed project or activity is:
    (1) A hazardous fuel reduction project as defined by the HFRA,
section 101(2), that is subject to subparts A and C of this part, or
    (2) A project or activity implementing a land management plan and
not authorized under the HFRA, that is subject to subparts A and B of
this part.
    (b) The responsible official must promptly make available the final
EIS or the EA, and a draft Record of Decision (ROD) or draft Decision
Notice (DN) and Finding of No Significant Impact (FONSI), to those who
have requested the documents or are eligible to file an objection in
accordance with Sec. 218.5(a).
    (c) Upon distribution, legal notice of the opportunity to object to
a proposed project or activity must be published in the applicable
newspaper of record identified as defined in Sec. 218.2 for the
National Forest System unit. When the Chief is the responsible official,
notice must be published in the Federal Register. The legal notice or
Federal Register notice must:
    (1) Include the name of the proposed project or activity, a concise
description of the draft decision and any proposed land management plan
amendments, name and title of the responsible official, name of the
forest and/or district on which the proposed project or activity will
occur, instructions for obtaining a copy of the final EIS or EA and
draft ROD or DN as defined in Sec. 218.2, and instructions on how to
obtain additional information on the proposed project or activity.
    (2) State that the proposed project or activity is subject to the
objection process pursuant to 36 CFR part 218; identify whether the
special procedures of subpart B or subpart C of this part are
applicable; and include the following:
    (i) Name and address of the reviewing officer with whom an objection
is to be filed. The notice must specify a street, postal, fax, and email
address, the acceptable format(s) for objections filed electronically,
and the reviewing officer's business hours for those filing hand-
delivered objections.
    (ii) A statement that objections will be accepted only from those
who have previously submitted specific written comments regarding the
proposed project during scoping or other designated opportunity for
public comment in accordance with Sec. 218.5(a). The statement must
also specify that issues raised in objections must be based on
previously submitted timely, specific written comments regarding the
proposed project unless based on new information arising after
designated opportunities.

[[Page 56]]

    (iii) A statement that the publication date of the legal notice in
the newspaper of record or Federal Register notice is the exclusive
means for calculating the time to file an objection (see Sec. Sec.
218.26(a) and 218.32(a)), and that those wishing to object should not
rely upon dates or timeframe information provided by any other source. A
specific date must not be included in the notice.
    (iv) A statement that an objection, including attachments, must be
filed (regular mail, fax, email, hand-delivery, express delivery, or
messenger service) with the appropriate reviewing officer (see
Sec. Sec. 218.3 and 218.8) within 30 days of the date of publication of
the legal notice for the objection process if the proposal is an
authorized hazardous fuel reduction project, or within 45 days if the
proposal is otherwise a project or activity implementing a land
management plan. The statement must also describe the evidence of timely
filing in Sec. 218.9.
    (v) A statement describing the minimum content requirements of an
objection (see Sec. 218.8(d)) and identify that incorporation of
documents by reference is permitted only as provided for at Sec.
218.8(b).
    (d) Within 4 calendar days of the date of publication of the legal
notice in the newspaper of record or, when applicable, the Federal
Register, a digital image of the legal notice or Federal Register
publication, or the exact text of the notice, must be made available on
the Web. Such postings must clearly indicate the date the notice was
published in the newspaper of record or Federal Register, and the name
of the publication.
    (e) Through notice published annually in the Federal Register, each
regional forester must advise the public of the newspaper(s) of record
utilized for publishing legal notice required by this part.



Sec. 218.8  Filing an objection.

    (a) Objections must be filed with the reviewing officer in writing.
All objections are available for public inspection during and after the
objection process.
    (b) Incorporation of documents by reference is not allowed, except
for the following list of items that may be referenced by including
date, page, and section of the cited document, along with a description
of its content and applicability to the objection. All other documents
must be included with the objection.
    (1) All or any part of a Federal law or regulation.
    (2) Forest Service directives and land management plans.
    (3) Documents referenced by the Forest Service in the proposed
project EA or EIS that is subject to objection.
    (4) Comments previously provided to the Forest Service by the
objector during public involvement opportunities for the proposed
project where written comments were requested by the responsible
official.
    (c) Issues raised in objections must be based on previously
submitted specific written comments regarding the proposed project or
activity and attributed to the objector, unless the issue is based on
new information that arose after the opportunities for comment. The
burden is on the objector to demonstrate compliance with this
requirement for objection issues (see paragraph (d)(6) of this section).
    (d) At a minimum, an objection must include the following:
    (1) Objector's name and address as defined in Sec. 218.2, with a
telephone number, if available;
    (2) Signature or other verification of authorship upon request (a
scanned signature for electronic mail may be filed with the objection);
    (3) When multiple names are listed on an objection, identification
of the lead objector as defined in Sec. 218.2. Verification of the
identity of the lead objector must be provided upon request or the
reviewing officer will designate a lead objector as provided in Sec.
218.5(d);
    (4) The name of the proposed project, the name and title of the
responsible official, and the name(s) of the national forest(s) and/or
ranger district(s) on which the proposed project will be implemented;
    (5) A description of those aspects of the proposed project addressed
by the objection, including specific issues related to the proposed
project; if applicable, how the objector believes the environmental
analysis or draft decision

[[Page 57]]

specifically violates law, regulation, or policy; suggested remedies
that would resolve the objection; supporting reasons for the reviewing
officer to consider; and
    (6) A statement that demonstrates the connection between prior
specific written comments on the particular proposed project or activity
and the content of the objection, unless the objection concerns an issue
that arose after the designated opportunity(ies) for comment (see
paragraph (c) of this section).



Sec. 218.9  Evidence of timely filing.

    (a) It is the objector's responsibility to ensure timely filing of a
written objection with the reviewing officer. Timeliness must be
determined by the following indicators:
    (1) The date of the U.S. Postal Service postmark for an objection
received before the close of the fifth business day after the objection
filing period;
    (2) The agency's electronically generated posted date and time for
email and facsimiles;
    (3) The shipping date for delivery by private carrier for an
objection received before the close of the fifth business day after the
objection filing period; or
    (4) The official agency date stamp showing receipt of hand delivery.
    (b) For emailed objections, the sender should receive an automated
electronic acknowledgement from the agency as confirmation of receipt.
If the sender does not receive an automated acknowledgment of receipt of
the objection, it is the sender's responsibility to ensure timely filing
by other means.



Sec. 218.10  Objections set aside from review.

    (a) The reviewing officer must set aside and not review an objection
when one or more of the following applies:
    (1) Objections are not filed in a timely manner (see Sec. Sec.
218.7(c)(2)(v) and 218.9).
    (2) The proposed project is not subject to the objection procedures
in Sec. Sec. 218.1, 218.4, 218.20, and 218.31.
    (3) The individual or entity did not submit timely and specific
written comments regarding the proposed project or activity during
scoping or another designated opportunity for public comment (see Sec.
218.5(a)).
    (4) Except for issues that arose after the opportunities for
comment, none of the issues included in the objection are based on
previously submitted specific written comments and the objector has not
provided a statement demonstrating a connection between the comments and
objection issues (see Sec. Sec. 218.8(c) and 218.8(d)(6)).
    (5) The objection does not provide sufficient information as
required by Sec. 218.8(d)(5) and (6) for the reviewing officer to
review.
    (6) The objector withdraws the objection.
    (7) An objector's identity is not provided or cannot be determined
from the signature (written or electronically scanned) and a reasonable
means of contact is not provided (see Sec. 218.8(d)(1) and (2)).
    (8) The objection is illegible for any reason, including submissions
in an electronic format different from that specified in the legal
notice.
    (9) The responsible official cancels the objection process underway
to reinitiate the objection procedures at a later date or withdraw the
proposed project or activity.
    (b) The reviewing officer must give prompt written notice to the
objector and the responsible official when an objection is set aside
from review and must state the reasons for not reviewing the objection.
If the objection is set aside from review for reasons of illegibility or
lack of a means of contact, the reasons must be documented and a copy
placed in the objection record.



Sec. 218.11  Resolution of objections.

    (a) Meetings. Prior to the issuance of the reviewing officer's
written response, either the reviewing officer or the objector may
request to meet to discuss issues raised in the objection and potential
resolution. The reviewing officer has the discretion to determine
whether adequate time remains in the review period to make a meeting
with the objector practical, the appropriate date, duration, agenda, and
location for any meeting, and how the meeting will be conducted to
facilitate the most beneficial dialogue; e.g., face-to-face

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office meeting, project site visit, teleconference, video conference,
etc. The responsible official should be a participant along with the
reviewing officer in any objection resolution meeting. Meetings are not
required to be noticed but are open to attendance by the public, and the
reviewing officer will determine whether those other than objectors may
participate.
    (b) Reviewing officer's response to objections. (1) A written
response must set forth the reasons for the response, but need not be a
point-by-point response and may contain instructions to the responsible
official, if necessary. In cases involving more than one objection to a
proposed project or activity, the reviewing officer may consolidate
objections and issue one or more responses.
    (2) No further review from any other Forest Service or USDA official
of the reviewing officer's written response to an objection is
available.



Sec. 218.12  Timing of project decision.

    (a) The responsible official may not sign a ROD or DN subject to the
provisions of this part until the reviewing officer has responded in
writing to all pending objections (see Sec. 218.11(b)(1)).
    (b) The responsible official may not sign a ROD or DN subject to the
provisions of this part until all concerns and instructions identified
by the reviewing officer in the objection response have been addressed.
    (c) When no objection is filed within the objection filing period
(see Sec. Sec. 218.26 and 218.32):
    (1) The reviewing officer must notify the responsible official.
    (2) Approval of the proposed project or activity documented in a ROD
in accordance with 40 CFR 1506.10, or in a DN may occur on, but not
before, the fifth business day following the end of the objection filing
period.
    (d) When a proposed project or activity is not subject to objection
because no timely, specific written comments regarding the proposal were
received during a designated opportunity for public comment (see Sec.
218.4), the approval of a proposed project or activity documented in a
ROD must be in accordance with 40 CFR 1506.10 and 36 CFR 220.5(g), and
the approval of a proposed project or activity documented in a DN must
be made in accordance with 36 CFR 220.7(c) and (d).



Sec. 218.13  Secretary's authority.

    (a) Nothing in this section shall restrict the Secretary of
Agriculture from exercising any statutory authority regarding the
protection, management, or administration of National Forest System
lands.
    (b) Projects and activities proposed by the Secretary of Agriculture
or the Under Secretary, Natural Resources and Environment, are not
subject to the procedures set forth in this part. Approval of projects
and activities by the Secretary or Under Secretary constitutes the final
administrative determination of the U.S. Department of Agriculture.



Sec. 218.14  Judicial proceedings.

    (a) The objection process set forth in this subpart fully implements
Congress' design for a predecisional administrative review process.
These procedures present a full and fair opportunity for concerns to be
raised and considered on a project-by-project basis. Individuals and
groups must structure their participation so as to alert the local
agency officials making particular land management decisions of their
positions and contentions.
    (b) Any filing for Federal judicial review of a decisions covered by
this subpart is premature and inappropriate unless the plaintiff has
exhausted the administrative review process set forth in this part (see
7 U.S.C. 6912(e) and 16 U.S.C. 6515(c)).



Sec. 218.15  Information collection requirements.

    The rules of this part specify the information that objectors must
provide in an objection to a proposed project (see Sec. 218.8). As
such, these rules contain information collection requirements as defined
in 5 CFR part 1320. These information requirements are assigned OMB
Control Number 0596-0172.



Sec. 218.16  Effective dates.

    (a) Effective dates for HFRA-authorized projects. (1) Provisions of
this part that are applicable to hazardous fuel reduction projects
authorized under the HFRA are in effect as of March 27, 2013

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for projects where scoping begins on or after this date.
    (2) Hazardous fuel reduction project proposals under the HFRA for
which public scoping began prior to March 27, 2013 may use the
predecisional objection procedures posted at http://www.fs.fed.us/
objections.
    (3) Hazardous fuel reduction project proposals that are re-scoped
with the public or re-issued for notice and comment after March 27, 2013
are subject to this part.
    (b) Effective dates for non-HFRA-authorized projects. (1) Project
proposals with public scoping completed, but that have not had legal
notice published. The applicable provisions of this part are in effect
as of March 27, 2013 where public scoping was previously initiated for
project proposals, but legal notice of the opportunity to comment has
not yet been published; unless scoping or other public notification of
the project (e.g. Schedule of Proposed Actions) has clearly indicated
the project to be under the former 36 CFR part 215 appeal process.
    (2) Project proposals which have legal notice published, but a
Decision Notice or Record of Decision has not been signed. If a Decision
Notice or Record of Decision is signed within 6 months of March 27,
2013, it will be subject to the 36 CFR part 215 appeal process. If the
Decision Notice or Record of Decision is to be signed more than 6 months
beyond March 27, 2013, the project proposal will be subject to the
requirements of this part. In this case, the responsible official will
notify all interested and affected parties who participated during
scoping or provided specific written comment regarding the proposed
project or activity during the comment period initiated with a legal
notice that the project proposal will be subject to the predecisional
objection regulations at 36 CFR part 218. All interested and affected
parties who provided written comment as defined in Sec. 218.2 during
scoping or the comment period will be eligible to participate in the
objection process.
    (3) Project proposals are subject to the requirements of this part
when initial public scoping, re-scoping with the public, or re-issuance
of notice and comment begins on or after March 27, 2013.



Subpart B_Provisions Specific to Project-Level Proposals Not Authorized
                  Under Healthy Forests Restoration Act



Sec. 218.20  Applicability and scope.

    This subpart includes provisions that are specific to proposed
projects and activities implementing land and resource management plans
and documented with a Record of Decision or Decision Notice, except
those authorized under the Healthy Forests Restoration Act (HFRA). The
sections of this subpart must be considered in combination with the
general provisions of subpart A of this part for the full complement of
regulatory direction pertaining to predecisional administrative review
of the applicable projects and activities.



Sec. 218.21  Emergency situations.

    (a) Authority. The Chief and the Associate Chief of the Forest
Service are authorized to make the determination that an emergency
situation exists as defined in this section.
    (b) Emergency situation definition. A situation on National Forest
System (NFS) lands for which immediate implementation of a decision is
necessary to achieve one or more of the following: Relief from hazards
threatening human health and safety; mitigation of threats to natural
resources on NFS or adjacent lands; avoiding a loss of commodity value
sufficient to jeopardize the agency's ability to accomplish project
objectives directly related to resource protection or restoration.
    (c) Determination. The determination that an emergency situation
exists shall be based on an examination of the relevant information.
During the consideration by the Chief or Associate Chief, additional
information may be requested from the responsible official. The
determination that an emergency situation does or does not exist is not
subject to administrative review under this part.
    (d) Implementation. When it is determined that an emergency
situation exists with respect to all or part of the

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proposed project or activity, the proposed action shall not be subject
to the predecisional objection process and implementation may proceed as
follows:
    (1) Immediately after notification (see 36 CFR 220.7(d)) when the
decision is documented in a Decision Notice (DN).
    (2) Immediately after complying with the timeframes and publication
requirements described in 40 CFR 1506.10(b)(2) when the decision is
documented in a Record of Decision (ROD).
    (e) Notification. The responsible official shall identify any
emergency situation determination made for a project or activity in the
notification of the decision (see 36 CFR 220.5(g) and 220.7(d)).



Sec. 218.22  Proposed projects and activities subject to legal notice
and opportunity to comment.

    The legal notice and opportunity to comment procedures of this
subpart apply only to:
    (a) Proposed projects and activities implementing land management
plans for which an environmental assessment (EA) is prepared;
    (b) Proposed projects and activities implementing land management
plans for which a draft or supplemental environmental impact statement
(EIS) is prepared and notice and comment procedures are governed by 40
CFR parts 1500 through 1508;
    (c) Proposed amendments to a land management plan that are included
as part of a proposed project or activity covered in paragraphs (a) or
(b) of this section which are applicable only to that proposed project
or activity;
    (d) A proposed project or activity for which a supplemental or
revised EA or EIS is prepared based on consideration of new information
or changed circumstances; and
    (e) Proposed research activities to be conducted on National Forest
System land for which an EA or EIS is prepared.



Sec. 218.23  Proposed projects and activities not subject to legal
notice and opportunity to comment.

    The legal notice and opportunity to comment procedures of this
subpart do not apply to:
    (a) [Reserved];
    (b) Proposed land management plans, plan revisions, and plan
amendments that are subject to the objection process set out in 36 CFR
part 219, subpart B;
    (c) Proposed plan amendments associated with a project or activity
where the amendment applies not just to the particular project or
activity but to all future projects and activities (see 36 CFR
219.59(b));
    (d) Proposed projects and activities not subject to the provisions
of the National Environmental Policy Act and the implementing
regulations at 40 CFR parts 1500 through 1508 and 36 CFR part 220;
    (e) Determinations by the responsible official, after consideration
of new information or changed circumstances, that a correction,
supplement, or revision of the EA or EIS is not required;
    (f) Rules promulgated in accordance with the Administrative
Procedure Act (5 U.S.C. 551 et seq.) or policies and procedures issued
in the Forest Service Manual and Handbooks (36 CFR part 216); and
    (g) Proposed hazardous fuel reduction projects authorized under the
Healthy Forests Restoration Act.



Sec. 218.24  Notification of opportunity to comment on proposed projects
and activities.

    (a) Responsible official. The responsible official shall:
    (1) Provide legal notice of the opportunity to comment on a proposed
project or activity implementing a land management plan.
    (2) Determine the most effective timing and then publish the legal
notice of the opportunity to comment as provided for in paragraph (c)(2)
of this section.
    (3) Promptly provide notice about the proposed project or activity
to any individual or entity who has requested it and to those who have
participated in planning for that project.
    (4) Accept all written comments on the proposed project or activity
as provided for in Sec. 218.25(a)(4).
    (b) Content of legal notice. All legal notices shall include the
following:
    (1) The title and brief description of the proposed project or
activity.

[[Page 61]]

    (2) A general description of the proposed project or activity's
location with sufficient information to allow the interested public to
identify the location.
    (3) When applicable, a statement that the responsible official is
requesting an emergency situation determination or it has been
determined that an emergency situation exists for the proposed project
or activity as provided for in Sec. 218.21.
    (4) For a proposed project or activity to be analyzed and documented
in an environmental assessment (EA), a statement that the opportunity to
comment ends 30 days following the date of publication of the legal
notice in the newspaper of record (see Sec. 218.25(a)(2)); as newspaper
publication dates may vary, legal notices shall not contain the specific
date.
    (5) For a proposed project or activity that is analyzed and
documented in a draft environmental impact statement (EIS), a statement
that the opportunity to comment ends 45 days following the date of
publication of the notice of availability (NOA) in the Federal Register
(see Sec. 218.25(a)(2)). The legal notice must be published after the
NOA and contain the NOA publication date.
    (6) A statement that only those who submit timely and specific
written comments regarding the proposed project or activity during a
public comment period established by the responsible official are
eligible to file an objection.
    (7) The responsible official's name, title, telephone number, and
addresses (street, postal, facsimile, and email) to whom comments are to
be submitted and the responsible official's office business hours for
those submitting hand-delivered comments (see Sec. 218.25(a)(4)(ii)).
    (8) A statement indicating that for objection eligibility each
individual or representative from each entity submitting timely and
specific written comments regarding the proposed project or activity
must either sign the comments or verify identity upon request.
    (9) The acceptable format(s) for electronic comments.
    (10) Instructions on how to obtain additional information on the
proposed project or activity.
    (c) Publication. (1) Through notice published annually in the
Federal Register, each Regional Forester shall advise the public of the
newspaper(s) of record used for publishing legal notices required by
this part.
    (2) Legal notice of the opportunity to comment on a proposed project
or activity shall be published in the applicable newspaper of record
identified in paragraph (c)(1) of this section for each National Forest
System unit. When the Chief is the responsible official, notice shall
also be published in the Federal Register. The publication date of the
legal notice in the newspaper of record is the exclusive means for
calculating the time to submit written comments on a proposed project or
activity to be analyzed and documented in an EA. The publication date of
the NOA in the Federal Register is the exclusive means for calculating
the time to submit written comments on a proposed project or activity
that is analyzed and documented in a draft EIS.
    (3) Within 4 calendar days of the date of publication of the legal
notice in the newspaper of record or, when applicable, the Federal
Register, a digital image of the legal notice or Federal Register
publication, or the exact text of the notice, must be made available on
the Web. Such postings must clearly indicate the date the notice was
published in the newspaper of record or Federal Register, and the name
of the publication.



Sec. 218.25  Comments on proposed projects and activities.

    (a) Opportunity to comment. (1) Time period for submission of
comments--
    (i) Comments on a proposed project or activity to be documented in
an environmental assessment shall be accepted for 30 days beginning on
the first day after the date of publication of the legal notice.
    (ii) Comments on a proposed project or activity to be documented in
an environmental impact statement shall be accepted for a minimum of 45
days beginning on the first day after the date

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of publication in the Federal Register of the notice of availability of
the draft EIS.
    (iii) Comments. It is the responsibility of all individuals and
organizations to ensure that their comments are received in a timely
manner as provided for in paragraph (a)(4) of this section.
    (iv) Extension. The time period for the opportunity to comment on a
proposed project or activity to be documented with an environmental
assessment shall not be extended.
    (2) Computation of the comment period. The time period is computed
using calendar days, including Saturdays, Sundays, and Federal holidays.
However, when the time period expires on a Saturday, Sunday, or Federal
holiday, comments shall be accepted until the end of the next Federal
working day (11:59 p.m. in the time zone of the receiving office for
comments filed by electronic means such as email or facsimile).
    (3) Requirements. To be eligible to submit an objection, individuals
and entities must have provided the following during the comment period:
    (i) Name and postal address. Email address in addition is
recommended but not required.
    (ii) Title of the proposed project or activity.
    (iii) Specific written comments as defined in Sec. 218.2 regarding
the proposed project or activity, along with supporting reasons.
    (iv) Signature or other verification of identity upon request and
identification of the individual or entity who authored the comment(s).
For comments listing multiple entities or multiple individuals, a
signature or other means of verification must be provided for the
individual authorized to represent each entity and for each individual
in the case of multiple names. A scanned signature or other means of
verifying the identity of the individual or entity representative may be
used for electronically submitted comments.
    (v) Individual members of an entity must submit their own comments
to establish personal eligibility; comments received on behalf of an
entity are considered as those of the entity only.
    (4) Evidence of timely submission. When there is a question about
timely submission of comments, timeliness shall be determined as
follows:
    (i) Written comments must be postmarked by the Postal Service,
emailed, faxed, or otherwise submitted (for example, express delivery
service) by 11:59 p.m. in the time zone of the receiving office on the
30th calendar day following publication of the legal notice for proposed
projects or activities to be analyzed and documented in an EA or the
45th calendar day following publication of the NOA in the Federal
Register for a draft EIS.
    (ii) Hand-delivered comments must be time and date imprinted at the
correct responsible official's office by the close of business on the
30th calendar day following publication of the legal notice for proposed
projects or activities to be analyzed and documented in an EA or the
45th calendar day following publication of the NOA in the Federal
Register for a draft EIS.
    (iii) For emailed comments, the sender should normally receive an
automated electronic acknowledgment from the agency as confirmation of
receipt. If the sender does not receive an automated acknowledgment of
the receipt of the comments, it is the sender's responsibility to ensure
timely receipt by other means.
    (b) Consideration of comments. (1) The responsible official shall
consider all written comments submitted in compliance with paragraph (a)
of this section.
    (2) All written comments received by the responsible official shall
be placed in the project file and shall become a matter of public
record.



Sec. 218.26  Objection time periods.

    (a) Time to file an objection. Written objections, including any
attachments, must be filed with the reviewing officer within 45 days
following the publication date of the legal notice of the EA or final
EIS in the newspaper of record or the publication date of the notice in
the Federal Register when the Chief is the responsible official (see
Sec. 218.7(c)). It is the responsibility of objectors to ensure that
their objection is received in a timely manner.

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    (b) Time for responding to an objection. The reviewing officer must
issue a written response to the objector(s) concerning their
objection(s) within 45 days following the end of the objection filing
period. The reviewing officer has the discretion to extend the time for
up to 30 days when he or she determines that additional time is
necessary to provide adequate response to objections or to participate
in resolution discussions with the objector(s).



Subpart C_Provisions Specific to Proposed Projects Authorized Under the
                     Healthy Forests Restoration Act



Sec. 218.30  Applicability and scope.

    This subpart includes provisions that are specific to proposed
hazardous fuel reduction projects documented with a Record of Decision
or Decision Notice, and authorized under the Healthy Forests Restoration
Act (HFRA). The sections of this subpart must be considered in
combination with the general provisions of subpart A of this part for
the full complement of regulatory direction pertaining to predecisional
administrative review of the applicable projects and activities.



Sec. 218.31  Authorized hazardous fuel reduction projects subject to
objection.

    (a) Only authorized hazardous fuel reduction projects as defined by
the HFRA, section 101(2), occurring on National Forest System land that
have been analyzed in an EA or EIS are subject to this subpart.
Authorized hazardous fuel reduction projects processed under the
provisions of the HFRA are not subject to the requirements in subpart B
of this part.
    (b) When authorized hazardous fuel reduction projects are approved
contemporaneously with a plan amendment that applies only to that
project, the objection process of this subpart applies to both the plan
amendment and the project.



Sec. 218.32  Objection time periods.

    (a) Time to file an objection. Written objections, including any
attachments, must be filed with the reviewing officer within 30 days
following the publication date of the legal notice of the EA or final
EIS in the newspaper of record or the publication date of the notice in
the Federal Register when the Chief is the responsible official (see
Sec. 218.6(c)). It is the responsibility of objectors to ensure that
their objection is received in a timely manner.
    (b) Time for responding to an objection. The reviewing officer must
issue a written response to the objector(s) concerning their
objection(s) within 30 days following the end of the objection filing
period.



PART 219_PLANNING--Table of Contents



        Subpart A_National Forest System Land Management Planning

Sec.
219.1 Purpose and applicability.
219.2 Levels of planning and responsible officials.
219.3 Role of science in planning.
219.4 Requirements for public participation.
219.5 Planning framework.
219.6 Assessment.
219.7 New plan development or plan revision.
219.8 Sustainability.
219.9 Diversity of plant and animal communities.
219.10 Multiple use.
219.11 Timber requirements based on the NFMA.
219.12 Monitoring.
219.13 Plan amendment and administrative changes.
219.14 Decision document and planning records.
219.15 Project and activity consistency with the plan.
219.16 Public notifications.
219.17 Effective dates and transition.
219.18 Severability.
219.19 Definitions.

         Subpart B_Pre-Decisional Administrative Review Process

219.50 Purpose and scope.
219.51 Plans, plan amendments, or plan revisions not subject to
          objection.
219.52 Giving notice of a plan, plan amendment, or plan revision subject
          to objection before approval.
219.53 Who may file an objection.
219.54 Filing an objection.
219.55 Objections set aside from review.
219.56 Objection time periods and process.
219.57 Resolution of objections.
219.58 Timing of a plan, plan amendment, or plan revision decision.

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219.59 Use of other administrative review processes.
219.60 Secretary's authority.
219.61 Information collection requirements.
219.62 Definitions.

    Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.

    Source: 77 FR 21260, Apr. 9, 2012, unless otherwise noted.



        Subpart A_National Forest System Land Management Planning



Sec. 219.1  Purpose and applicability.

    (a) This subpart sets out the planning requirements for developing,
amending, and revising land management plans (also referred to as plans)
for units of the National Forest System (NFS), as required by the Forest
and Rangeland Renewable Resources Planning Act of 1974, as amended by
the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.)
(NFMA). This subpart also sets out the requirements for plan components
and other content in land management plans. This part is applicable to
all units of the NFS as defined by 16 U.S.C. 1609 or subsequent statute.
    (b) Consistent with the Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 528-531) (MUSYA), the Forest Service manages the NFS to sustain
the multiple use of its renewable resources in perpetuity while
maintaining the long-term health and productivity of the land. Resources
are managed through a combination of approaches and concepts for the
benefit of human communities and natural resources. Land management
plans guide sustainable, integrated resource management of the resources
within the plan area in the context of the broader landscape, giving due
consideration to the relative values of the various resources in
particular areas.
    (c) The purpose of this part is to guide the collaborative and
science-based development, amendment, and revision of land management
plans that promote the ecological integrity of national forests and
grasslands and other administrative units of the NFS. Plans will guide
management of NFS lands so that they are ecologically sustainable and
contribute to social and economic sustainability; consist of ecosystems
and watersheds with ecological integrity and diverse plant and animal
communities; and have the capacity to provide people and communities
with ecosystem services and multiple uses that provide a range of
social, economic, and ecological benefits for the present and into the
future. These benefits include clean air and water; habitat for fish,
wildlife, and plant communities; and opportunities for recreational,
spiritual, educational, and cultural benefits.
    (d) This part does not affect treaty rights or valid existing rights
established by statute or legal instruments.
    (e) During the planning process, the responsible official shall
comply with Section 8106 of the Food, Conservation, and Energy Act of
2008 (25 U.S.C. 3056), Executive Order 13007 of May 24, 1996, Executive
Order 13175 of November 6, 2000, laws, and other requirements with
respect to disclosing or withholding under the Freedom of Information
Act (5 U.S.C. 552) certain information regarding reburial sites or other
information that is culturally sensitive to an Indian Tribe or Tribes.
    (f) Plans must comply with all applicable laws and regulations,
including NFMA, MUSYA, the Clean Air Act, the Clean Water Act, the
Wilderness Act, and the Endangered Species Act.
    (g) The responsible official shall ensure that the planning process,
plan components, and other plan content are within Forest Service
authority, the inherent capability of the plan area, and the fiscal
capability of the unit.



Sec. 219.2  Levels of planning and responsible officials.

    Forest Service planning occurs at different organizational levels
and geographic scales. Planning occurs at three levels--national
strategic planning, NFS unit planning, and project or activity planning.
    (a) National strategic planning. The Chief of the Forest Service is
responsible for national planning, such as preparation of the Forest
Service strategic plan required under the Government Performance and
Results Modernization Act of 2010 (5 U.S.C. 306; 31 U.S.C. 1115-1125; 31
U.S.C. 9703-9704),

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which is integrated with the requirements of the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended by the NFMA. The
strategic plan establishes goals, objectives, performance measures, and
strategies for management of the NFS, as well as the other Forest
Service mission areas: Research and Development, State and Private
Forestry, and International Programs.
    (b) National Forest System unit planning. (1) NFS unit planning
results in the development, amendment, or revision of a land management
plan. A land management plan provides a framework for integrated
resource management and for guiding project and activity decisionmaking
on a national forest, grassland, prairie, or other administrative unit.
A plan reflects the unit's expected distinctive roles and contributions
to the local area, region, and Nation, and the roles for which the plan
area is best suited, considering the Agency's mission, the unit's unique
capabilities, and the resources and management of other lands in the
vicinity. Through the adaptive planning cycle set forth in this subpart,
a plan can be changed to reflect new information and changing
conditions.
    (2) A plan does not authorize projects or activities or commit the
Forest Service to take action. A plan may constrain the Agency from
authorizing or carrying out projects and activities, or the manner in
which they may occur. Projects and activities must be consistent with
the plan (Sec. 219.15). A plan does not regulate uses by the public,
but a project or activity decision that regulates a use by the public
under 36 CFR Part 261, Subpart B, may be made contemporaneously with the
approval of a plan, plan amendment, or plan revision. Plans should not
repeat laws, regulations, or program management policies, practices, and
procedures that are in the Forest Service Directive System.
    (3) The supervisor of the national forest, grassland, prairie, or
other comparable administrative unit is the responsible official for
development and approval of a plan, plan amendment, or plan revision for
lands under the responsibility of the supervisor, unless a regional
forester; the Chief; the Under Secretary, Natural Resources and
Environment; or the Secretary acts as the responsible official. Two or
more responsible officials may undertake joint planning over lands under
their respective jurisdictions.
    (4) A plan for a unit that contains an experimental area may not be
approved without the concurrence of the appropriate research station
director with respect to the direction applicable to that area, and a
plan amendment applicable to an experimental area may not be approved
without the concurrence of the appropriate research station director.
    (5) The Chief is responsible for leadership and direction for
carrying out the NFS land management planning program under this part.
The Chief shall:
    (i) Establish planning procedures for this part in the Forest
Service Directive System in Forest Service Manual 1920--Land Management
Planning and in Forest Service Handbook 1909.12--Land Management
Planning Handbook.
    (ii) Establish and administer a national oversight process for
accountability and consistency of NFS land management planning under
this part.
    (iii) Establish procedures in the Forest Service Directive System
for obtaining inventory data on the various renewable resources, and
soil and water.
    (c) Project and activity planning. The supervisor or district ranger
is the responsible official for project and activity decisions, unless a
higher-level official acts as the responsible official. Requirements for
project or activity planning are established in the Forest Service
Directive System. Except as provided in the plan consistency
requirements in Sec. 219.15, none of the requirements of this part
apply to projects or activities.



Sec. 219.3  Role of science in planning.

    The responsible official shall use the best available scientific
information to inform the planning process required by this subpart. In
doing so, the responsible official shall determine what information is
the most accurate, reliable, and relevant to the issues being
considered. The responsible official shall document how the best
available

[[Page 66]]

scientific information was used to inform the assessment, the plan
decision, and the monitoring program as required in Sec. Sec.
219.6(a)(3) and 219.14(a)(4). Such documentation must: Identify what
information was determined to be the best available scientific
information, explain the basis for that determination, and explain how
the information was applied to the issues considered.



Sec. 219.4  Requirements for public participation.

    (a) Providing opportunities for participation. The responsible
official shall provide opportunities to the public for participating in
the assessment process; developing a plan proposal, including the
monitoring program; commenting on the proposal and the disclosure of its
environmental impacts in accompanying National Environmental Policy Act
(NEPA) documents; and reviewing the results of monitoring information.
When developing opportunities for public participation, the responsible
official shall take into account the discrete and diverse roles,
jurisdictions, responsibilities, and skills of interested and affected
parties; the accessibility of the process, opportunities, and
information; and the cost, time, and available staffing. The responsible
official should be proactive and use contemporary tools, such as the
Internet, to engage the public, and should share information in an open
way with interested parties. Subject to the notification requirements in
Sec. 219.16, the responsible official has the discretion to determine
the scope, methods, forum, and timing of those opportunities. The Forest
Service retains decisionmaking authority and responsibility for all
decisions throughout the process.
    (1) Outreach. The responsible official shall engage the public--
including Tribes and Alaska Native Corporations, other Federal agencies,
State and local governments, individuals, and public and private
organizations or entities--early and throughout the planning process as
required by this part, using collaborative processes where feasible and
appropriate. In providing opportunities for engagement, the responsible
official shall encourage participation by:
    (i) Interested individuals and entities, including those interested
at the local, regional, and national levels.
    (ii) Youth, low-income populations, and minority populations.
    (iii) Private landowners whose lands are in, adjacent to, or
otherwise affected by, or whose actions may impact, future management
actions in the plan area.
    (iv) Federal agencies, States, counties, and local governments,
including State fish and wildlife agencies, State foresters and other
relevant State agencies. Where appropriate, the responsible official
shall encourage States, counties, and other local governments to seek
cooperating agency status in the NEPA process for development,
amendment, or revision of a plan. The responsible official may
participate in planning efforts of States, counties, local governments,
and other Federal agencies, where practicable and appropriate.
    (v) Interested or affected federally recognized Indian Tribes or
Alaska Native Corporations. Where appropriate, the responsible official
shall encourage federally recognized Tribes to seek cooperating agency
status in the NEPA process for development, amendment, or revision of a
plan. The responsible official may participate in planning efforts of
federally recognized Indian Tribes and Alaska Native Corporations, where
practicable and appropriate.
    (2) Consultation with federally recognized Indian Tribes and Alaska
Native Corporations. The Department recognizes the Federal Government
has certain trust responsibilities and a unique legal relationship with
federally recognized Indian Tribes. The responsible official shall honor
the government-to-government relationship between federally recognized
Indian Tribes and the Federal Government. The responsible official shall
provide to federally recognized Indian Tribes and Alaska Native
Corporations the opportunity to undertake consultation consistent with
Executive Order 13175 of November 6, 2000, and 25 U.S.C. 450 note.
    (3) Native knowledge, indigenous ecological knowledge, and land
ethics. As

[[Page 67]]

part of tribal participation and consultation as set forth in paragraphs
(a)(1)(v) and (a)(2) of this section, the responsible official shall
request information about native knowledge, land ethics, cultural
issues, and sacred and culturally significant sites.
    (b) Coordination with other public planning efforts. (1) The
responsible official shall coordinate land management planning with the
equivalent and related planning efforts of federally recognized Indian
Tribes, Alaska Native Corporations, other Federal agencies, and State
and local governments.
    (2) For plan development or revision, the responsible official shall
review the planning and land use policies of federally recognized Indian
Tribes (43 U.S.C. 1712(b)), Alaska Native Corporations, other Federal
agencies, and State and local governments, where relevant to the plan
area. The results of this review shall be displayed in the environmental
impact statement (EIS) for the plan (40 CFR 1502.16(c), 1506.2). The
review shall include consideration of:
    (i) The objectives of federally recognized Indian Tribes, Alaska
Native Corporations, other Federal agencies, and State and local
governments, as expressed in their plans and policies;
    (ii) The compatibility and interrelated impacts of these plans and
policies;
    (iii) Opportunities for the plan to address the impacts identified
or to contribute to joint objectives; and
    (iv) Opportunities to resolve or reduce conflicts, within the
context of developing the plan's desired conditions or objectives.
    (3) Nothing in this section should be read to indicate that the
responsible official will seek to direct or control management of lands
outside of the plan area, nor will the responsible official conform
management to meet non-Forest Service objectives or policies.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44144, July 27, 2012]



Sec. 219.5  Planning framework.

    (a) Planning for a national forest, grassland, prairie, or other
comparable administrative unit of the NFS is an iterative process that
includes assessment (Sec. 219.6); developing, amending, or revising a
plan (Sec. Sec. 219.7 and 219.13); and monitoring (Sec. 219.12). These
three phases of the framework are complementary and may overlap. The
intent of this framework is to create a responsive planning process that
informs integrated resource management and allows the Forest Service to
adapt to changing conditions, including climate change, and improve
management based on new information and monitoring.
    (1) Assessment. Assessments rapidly evaluate existing information
about relevant ecological, economic, and social conditions, trends, and
sustainability and their relationship to the land management plan within
the context of the broader landscape. The responsible official shall
consider and evaluate existing and possible future conditions and trends
of the plan area, and assess the sustainability of social, economic, and
ecological systems within the plan area, in the context of the broader
landscape (Sec. 219.6).
    (2) Plan development, plan amendment, or plan revision.
    (i) The process for developing or revising a plan includes:
Assessment, preliminary identification of the need to change the plan
based on the assessment, development of a proposed plan, consideration
of the environmental effects of the proposal, providing an opportunity
to comment on the proposed plan, providing an opportunity to object
before the proposal is approved, and, finally, approval of the plan or
plan revision. A new plan or plan revision requires preparation of an
environmental impact statement.
    (ii) The process for amending a plan includes: Preliminary
identification of the need to change the plan, development of a proposed
amendment, consideration of the environmental effects of the proposal,
providing an opportunity to comment on the proposed amendment, providing
an opportunity to object before the proposal is approved, and, finally,
approval of the plan amendment. The appropriate NEPA documentation for
an amendment may be an environmental impact statement, an environmental
assessment, or a categorical exclusion, depending upon the scope and
scale of the amendment and its likely effects.

[[Page 68]]

    (3) Monitoring. Monitoring is continuous and provides feedback for
the planning cycle by testing relevant assumptions, tracking relevant
conditions over time, and measuring management effectiveness (Sec.
219.12). The monitoring program includes plan-level and broader-scale
monitoring. The plan-level monitoring program is informed by the
assessment phase; developed during plan development, plan amendment, or
plan revision; and implemented after plan decision. The regional
forester develops broader-scale monitoring strategies. Biennial
monitoring evaluation reports document whether a change to the plan or
change to the monitoring program is warranted based on new information,
whether a new assessment may be needed, or whether there is no need for
change at that time.
    (b) Interdisciplinary team(s). The responsible official shall
establish an interdisciplinary team or teams to prepare assessments; new
plans, plan amendments, and plan revisions; and plan monitoring
programs.



Sec. 219.6  Assessment.

    The responsible official has the discretion to determine the scope,
scale, and timing of an assessment described in Sec. 219.5(a)(1),
subject to the requirements of this section.
    (a) Process for plan development or revision assessments. An
assessment must be completed for the development of a new plan or for a
plan revision. The responsible official shall:
    (1) Identify and consider relevant existing information in
governmental or non-governmental assessments, plans, monitoring reports,
studies, and other sources of relevant information. Such sources of
information may include State forest assessments and strategies, the
Resources Planning Act assessment, ecoregional assessments, non-
governmental reports, State comprehensive outdoor recreation plans,
community wildfire protection plans, public transportation plans, State
wildlife data and action plans, and relevant Agency or interagency
reports, resource plans or assessments. Relevant private information,
including relevant land management plans and local knowledge, will be
considered if publicly available or voluntarily provided.
    (2) Coordinate with or provide opportunities for the regional
forester, agency staff from State and Private Forestry and Research and
Development, federally recognized Indian Tribes and Alaska Native
Corporations, other governmental and non-governmental parties, and the
public to provide existing information for the assessment.
    (3) Document the assessment in a report available to the public. The
report should document information needs relevant to the topics of
paragraph (b) of this section. Document in the report how the best
available scientific information was used to inform the assessment
(Sec. 219.3). Include the report in the planning record (Sec. 219.14).
    (b) Content of the assessment for plan development or revision. In
the assessment for plan development or revision, the responsible
official shall identify and evaluate existing information relevant to
the plan area for the following:
    (1) Terrestrial ecosystems, aquatic ecosystems, and watersheds;
    (2) Air, soil, and water resources and quality;
    (3) System drivers, including dominant ecological processes,
disturbance regimes, and stressors, such as natural succession, wildland
fire, invasive species, and climate change; and the ability of
terrestrial and aquatic ecosystems on the plan area to adapt to change;
    (4) Baseline assessment of carbon stocks;
    (5) Threatened, endangered, proposed and candidate species, and
potential species of conservation concern present in the plan area;
    (6) Social, cultural, and economic conditions;
    (7) Benefits people obtain from the NFS planning area (ecosystem
services);
    (8) Multiple uses and their contributions to local, regional, and
national economies;
    (9) Recreation settings, opportunities and access, and scenic
character;
    (10) Renewable and nonrenewable energy and mineral resources;

[[Page 69]]

    (11) Infrastructure, such as recreational facilities and
transportation and utility corridors;
    (12) Areas of tribal importance;
    (13) Cultural and historic resources and uses;
    (14) Land status and ownership, use, and access patterns; and
    (15) Existing designated areas located in the plan area including
wilderness and wild and scenic rivers and potential need and opportunity
for additional designated areas.
    (c) Plan amendment assessments. Where the responsible official
determines that a new assessment is needed to inform an amendment, the
responsible official has the discretion to determine the scope, scale,
process, and content for the assessment depending on the topic or topics
to be addressed.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]



Sec. 219.7  New plan development or plan revision.

    (a) Plan revisions. A plan revision creates a new plan for the
entire plan area, whether the plan revision differs from the prior plan
to a small or large extent. A plan must be revised at least every 15
years. But, the responsible official has the discretion to determine at
any time that conditions on a plan area have changed significantly such
that a plan must be revised (16 U.S.C. 1604(f)(5)).
    (b) New plan development. New plan development is required for new
NFS units. The process for developing a new plan is the same as the
process for plan revision.
    (c) Process for plan development or revision. (1) The process for
developing or revising a plan includes: Public notification and
participation (Sec. Sec. 219.4 and 219.16), assessment (Sec. Sec.
219.5 and 219.6), developing a proposed plan, considering the
environmental effects of the proposal, providing an opportunity to
comment on the proposed plan, providing an opportunity to object before
the proposal is approved (subpart B), and, finally, approving the plan
or plan revision. A new plan or plan revision requires preparation of an
environmental impact statement.
    (2) In developing a proposed new plan or proposed plan revision, the
responsible official shall:
    (i) Review relevant information from the assessment and monitoring
to identify a preliminary need to change the existing plan and to inform
the development of plan components and other plan content.
    (ii) Consider the goals and objectives of the Forest Service
strategic plan (Sec. 219.2(a)).
    (iii) Identify the presence and consider the importance of various
physical, biological, social, cultural, and historic resources on the
plan area (Sec. 219.6), with respect to the requirements for plan
components of Sec. Sec. 219.8 through 219.11.
    (iv) Consider conditions, trends, and stressors (Sec. 219.6), with
respect to the requirements for plan components of Sec. Sec. 219.8
through 219.11.
    (v) Identify and evaluate lands that may be suitable for inclusion
in the National Wilderness Preservation System and determine whether to
recommend any such lands for wilderness designation.
    (vi) Identify the eligibility of rivers for inclusion in the
National Wild and Scenic Rivers System, unless a systematic inventory
has been previously completed and documented and there are no changed
circumstances that warrant additional review.
    (vii) Identify existing designated areas other than the areas
identified in paragraphs (c)(2)(v) and (c)(2)(vi) of this section, and
determine whether to recommend any additional areas for designation. If
the responsible official has the delegated authority to designate a new
area or modify an existing area, then the responsible official may
designate such area when approving the plan, plan amendment, or plan
revision.
    (viii) Identify the suitability of areas for the appropriate
integration of resource management and uses, with respect to the
requirements for plan components of Sec. Sec. 219.8 through 219.11,
including identifying lands that are not suitable for timber production
(Sec. 219.11).
    (ix) Identify the maximum quantity of timber that may be removed
from the plan area (Sec. 219.11(d)(6)).

[[Page 70]]

    (x) Identify questions and indicators for the plan monitoring
program (Sec. 219.12).
    (xi) Identify potential other content in the plan (paragraph (f) of
this section).
    (3) The regional forester shall identify the species of conservation
concern for the plan area in coordination with the responsible official.
    (d) Management areas or geographic areas. Every plan must have
management areas or geographic areas or both. The plan may identify
designated or recommended designated areas as management areas or
geographic areas.
    (e) Plan components. Plan components guide future project and
activity decisionmaking. The plan must indicate whether specific plan
components apply to the entire plan area, to specific management areas
or geographic areas, or to other areas as identified in the plan.
    (1) Required plan components. Every plan must include the following
plan components:
    (i) Desired conditions. A desired condition is a description of
specific social, economic, and/or ecological characteristics of the plan
area, or a portion of the plan area, toward which management of the land
and resources should be directed. Desired conditions must be described
in terms that are specific enough to allow progress toward their
achievement to be determined, but do not include completion dates.
    (ii) Objectives. An objective is a concise, measurable, and time-
specific statement of a desired rate of progress toward a desired
condition or conditions. Objectives should be based on reasonably
foreseeable budgets.
    (iii) Standards. A standard is a mandatory constraint on project and
activity decisionmaking, established to help achieve or maintain the
desired condition or conditions, to avoid or mitigate undesirable
effects, or to meet applicable legal requirements.
    (iv) Guidelines. A guideline is a constraint on project and activity
decisionmaking that allows for departure from its terms, so long as the
purpose of the guideline is met. (Sec. 219.15(d)(3)). Guidelines are
established to help achieve or maintain a desired condition or
conditions, to avoid or mitigate undesirable effects, or to meet
applicable legal requirements.
    (v) Suitability of lands. Specific lands within a plan area will be
identified as suitable for various multiple uses or activities based on
the desired conditions applicable to those lands. The plan will also
identify lands within the plan area as not suitable for uses that are
not compatible with desired conditions for those lands. The suitability
of lands need not be identified for every use or activity. Suitability
identifications may be made after consideration of historic uses and of
issues that have arisen in the planning process. Every plan must
identify those lands that are not suitable for timber production (Sec.
219.11).
    (2) Optional plan component: goals. A plan may include goals as plan
components. Goals are broad statements of intent, other than desired
conditions, usually related to process or interaction with the public.
Goals are expressed in broad, general terms, but do not include
completion dates.
    (3) Requirements for the set of plan components. The set of plan
components must meet the requirements set forth in this part for
sustainability (Sec. 219.8), plant and animal diversity (Sec. 219.9),
multiple use (Sec. 219.10), and timber (Sec. 219.11).
    (f) Other content in the plan. (1) Other required content in the
plan. Every plan must:
    (i) Identify watershed(s) that are a priority for maintenance or
restoration;
    (ii) Describe the plan area's distinctive roles and contributions
within the broader landscape;
    (iii) Include the monitoring program required by Sec. 219.12; and
    (iv) Contain information reflecting proposed and possible actions
that may occur on the plan area during the life of the plan, including:
the planned timber sale program; timber harvesting levels; and the
proportion of probable methods of forest vegetation management practices
expected to be used (16 U.S.C. 1604(e)(2) and (f)(2)). Such information
is not a commitment to take any action and is not a ``proposal'' as

[[Page 71]]

defined by the Council on Environmental Quality regulations for
implementing NEPA (40 CFR 1508.23, 42 U.S.C. 4322(2)(C)).
    (2) Optional content in the plan. A plan may include additional
content, such as potential management approaches or strategies and
partnership opportunities or coordination activities.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]



Sec. 219.8  Sustainability.

    The plan must provide for social, economic, and ecological
sustainability within Forest Service authority and consistent with the
inherent capability of the plan area, as follows:
    (a) Ecological sustainability. (1) Ecosystem Integrity. The plan
must include plan components, including standards or guidelines, to
maintain or restore the ecological integrity of terrestrial and aquatic
ecosystems and watersheds in the plan area, including plan components to
maintain or restore structure, function, composition, and connectivity,
taking into account:
    (i) Interdependence of terrestrial and aquatic ecosystems in the
plan area.
    (ii) Contributions of the plan area to ecological conditions within
the broader landscape influenced by the plan area.
    (iii) Conditions in the broader landscape that may influence the
sustainability of resources and ecosystems within the plan area.
    (iv) System drivers, including dominant ecological processes,
disturbance regimes, and stressors, such as natural succession, wildland
fire, invasive species, and climate change; and the ability of
terrestrial and aquatic ecosystems on the plan area to adapt to change.
    (v) Wildland fire and opportunities to restore fire adapted
ecosystems.
    (vi) Opportunities for landscape scale restoration.
    (2) Air, soil, and water. The plan must include plan components,
including standards or guidelines, to maintain or restore:
    (i) Air quality.
    (ii) Soils and soil productivity, including guidance to reduce soil
erosion and sedimentation.
    (iii) Water quality.
    (iv) Water resources in the plan area, including lakes, streams, and
wetlands; ground water; public water supplies; sole source aquifers;
source water protection areas; and other sources of drinking water
(including guidance to prevent or mitigate detrimental changes in
quantity, quality, and availability).
    (3) Riparian areas. (i) The plan must include plan components,
including standards or guidelines, to maintain or restore the ecological
integrity of riparian areas in the plan area, including plan components
to maintain or restore structure, function, composition, and
connectivity, taking into account:
    (A) Water temperature and chemical composition;
    (B) Blockages (uncharacteristic and characteristic) of water
courses;
    (C) Deposits of sediment;
    (D) Aquatic and terrestrial habitats;
    (E) Ecological connectivity;
    (F) Restoration needs; and
    (G) Floodplain values and risk of flood loss.
    (ii) Plans must establish width(s) for riparian management zones
around all lakes, perennial and intermittent streams, and open water
wetlands, within which the plan components required by paragraph
(a)(3)(i) of this section will apply, giving special attention to land
and vegetation for approximately 100 feet from the edges of all
perennial streams and lakes.
    (A) Riparian management zone width(s) may vary based on ecological
or geomorphic factors or type of water body; and will apply unless
replaced by a site-specific delineation of the riparian area.
    (B) Plan components must ensure that no management practices causing
detrimental changes in water temperature or chemical composition,
blockages of water courses, or deposits of sediment that seriously and
adversely affect water conditions or fish habitat shall be permitted
within the riparian management zones or the site-specific delineated
riparian areas.
    (4) Best management practices for water quality. The Chief shall
establish requirements for national best management practices for water
quality in the Forest Service Directive System. Plan

[[Page 72]]

components must ensure implementation of these practices.
    (b) Social and economic sustainability. The plan must include plan
components, including standards or guidelines, to guide the plan area's
contribution to social and economic sustainability, taking into account:
    (1) Social, cultural, and economic conditions relevant to the area
influenced by the plan;
    (2) Sustainable recreation; including recreation settings,
opportunities, and access; and scenic character;
    (3) Multiple uses that contribute to local, regional, and national
economies in a sustainable manner;
    (4) Ecosystem services;
    (5) Cultural and historic resources and uses; and
    (6) Opportunities to connect people with nature.



Sec. 219.9  Diversity of plant and animal communities.

    This section adopts a complementary ecosystem and species-specific
approach to maintaining the diversity of plant and animal communities
and the persistence of native species in the plan area. Compliance with
the ecosystem requirements of paragraph (a) is intended to provide the
ecological conditions to both maintain the diversity of plant and animal
communities and support the persistence of most native species in the
plan area. Compliance with the requirements of paragraph (b) is intended
to provide for additional ecological conditions not otherwise provided
by compliance with paragraph (a) for individual species as set forth in
paragraph (b). The plan must provide for the diversity of plant and
animal communities, within Forest Service authority and consistent with
the inherent capability of the plan area, as follows:
    (a) Ecosystem plan components. (1) Ecosystem integrity. As required
by Sec. 219.8(a), the plan must include plan components, including
standards or guidelines, to maintain or restore the ecological integrity
of terrestrial and aquatic ecosystems and watersheds in the plan area,
including plan components to maintain or restore their structure,
function, composition, and connectivity.
    (2) Ecosystem diversity. The plan must include plan components,
including standards or guidelines, to maintain or restore the diversity
of ecosystems and habitat types throughout the plan area. In doing so,
the plan must include plan components to maintain or restore:
    (i) Key characteristics associated with terrestrial and aquatic
ecosystem types;
    (ii) Rare aquatic and terrestrial plant and animal communities; and
    (iii) The diversity of native tree species similar to that existing
in the plan area.
    (b) Additional, species-specific plan components. (1) The
responsible official shall determine whether or not the plan components
required by paragraph (a) of this section provide the ecological
conditions necessary to: contribute to the recovery of federally listed
threatened and endangered species, conserve proposed and candidate
species, and maintain a viable population of each species of
conservation concern within the plan area. If the responsible official
determines that the plan components required in paragraph (a) are
insufficient to provide such ecological conditions, then additional,
species-specific plan components, including standards or guidelines,
must be included in the plan to provide such ecological conditions in
the plan area.
    (2) If the responsible official determines that it is beyond the
authority of the Forest Service or not within the inherent capability of
the plan area to maintain or restore the ecological conditions to
maintain a viable population of a species of conservation concern in the
plan area, then the responsible official shall:
    (i) Document the basis for that determination (Sec. 219.14(a)); and
    (ii) Include plan components, including standards or guidelines, to
maintain or restore ecological conditions within the plan area to
contribute to maintaining a viable population of the species within its
range. In providing such plan components, the responsible official shall
coordinate to the extent practicable with other Federal, State, Tribal,
and private land managers having management authority over lands
relevant to that population.

[[Page 73]]

    (c) Species of conservation concern. For purposes of this subpart, a
species of conservation concern is a species, other than federally
recognized threatened, endangered, proposed, or candidate species, that
is known to occur in the plan area and for which the regional forester
has determined that the best available scientific information indicates
substantial concern about the species' capability to persist over the
long-term in the plan area.



Sec. 219.10  Multiple use.

    While meeting the requirements of Sec. Sec. 219.8 and 219.9, the
plan must provide for ecosystem services and multiple uses, including
outdoor recreation, range, timber, watershed, wildlife, and fish, within
Forest Service authority and the inherent capability of the plan area as
follows:
    (a) Integrated resource management for multiple use. The plan must
include plan components, including standards or guidelines, for
integrated resource management to provide for ecosystem services and
multiple uses in the plan area. When developing plan components for
integrated resource management, to the extent relevant to the plan area
and the public participation process and the requirements of Sec. Sec.
219.7, 219.8, 219.9, and 219.11, the responsible official shall
consider:
    (1) Aesthetic values, air quality, cultural and heritage resources,
ecosystem services, fish and wildlife species, forage, geologic
features, grazing and rangelands, habitat and habitat connectivity,
recreation settings and opportunities, riparian areas, scenery, soil,
surface and subsurface water quality, timber, trails, vegetation,
viewsheds, wilderness, and other relevant resources and uses.
    (2) Renewable and nonrenewable energy and mineral resources.
    (3) Appropriate placement and sustainable management of
infrastructure, such as recreational facilities and transportation and
utility corridors.
    (4) Opportunities to coordinate with neighboring landowners to link
open spaces and take into account joint management objectives where
feasible and appropriate.
    (5) Habitat conditions, subject to the requirements of Sec. 219.9,
for wildlife, fish, and plants commonly enjoyed and used by the public;
for hunting, fishing, trapping, gathering, observing, subsistence, and
other activities (in collaboration with federally recognized Tribes,
Alaska Native Corporations, other Federal agencies, and State and local
governments).
    (6) Land status and ownership, use, and access patterns relevant to
the plan area.
    (7) Reasonably foreseeable risks to ecological, social, and economic
sustainability.
    (8) System drivers, including dominant ecological processes,
disturbance regimes, and stressors, such as natural succession, wildland
fire, invasive species, and climate change; and the ability of the
terrestrial and aquatic ecosystems on the plan area to adapt to change
(Sec. 219.8);
    (9) Public water supplies and associated water quality.
    (10) Opportunities to connect people with nature.
    (b) Requirements for plan components for a new plan or plan
revision. (1) The plan must include plan components, including standards
or guidelines, to provide for:
    (i) Sustainable recreation; including recreation settings,
opportunities, and access; and scenic character. Recreation
opportunities may include non-motorized, motorized, developed, and
dispersed recreation on land, water, and in the air.
    (ii) Protection of cultural and historic resources.
    (iii) Management of areas of tribal importance.
    (iv) Protection of congressionally designated wilderness areas as
well as management of areas recommended for wilderness designation to
protect and maintain the ecological and social characteristics that
provide the basis for their suitability for wilderness designation.
    (v) Protection of designated wild and scenic rivers as well as
management of rivers found eligible or determined suitable for the
National Wild and Scenic River system to protect the values that provide
the basis for their suitability for inclusion in the system.

[[Page 74]]

    (vi) Appropriate management of other designated areas or recommended
designated areas in the plan area, including research natural areas.
    (2) Other plan components for integrated resource management to
provide for multiple use as necessary.



Sec. 219.11  Timber requirements based on the NFMA.

    While meeting the requirements of Sec. Sec. 219.8 through 219.10,
the plan must include plan components, including standards or
guidelines, and other plan content regarding timber management within
Forest Service authority and the inherent capability of the plan area,
as follows:
    (a) Lands not suited for timber production. (1) The responsible
official shall identify lands within the plan area as not suited for
timber production if any one of the following factors applies:
    (i) Statute, Executive order, or regulation prohibits timber
production on the land;
    (ii) The Secretary of Agriculture or the Chief has withdrawn the
land from timber production;
    (iii) Timber production would not be compatible with the achievement
of desired conditions and objectives established by the plan for those
lands;
    (iv) The technology is not currently available for conducting timber
harvest without causing irreversible damage to soil, slope, or other
watershed conditions;
    (v) There is no reasonable assurance that such lands can be
adequately restocked within 5 years after final regeneration harvest; or
    (vi) The land is not forest land.
    (2) The responsible official shall review lands identified in the
plan as not suited for timber production at least once every 10 years,
or as otherwise prescribed by law, to determine whether conditions have
changed so that they have become suitable for timber production. As a
result of this 10-year review, the plan may be amended to identify any
such lands as suitable for timber production, if warranted by changed
conditions.
    (b) Timber harvest for purposes of timber production. A plan that
identifies lands as suitable for timber production must include plan
components, including standards or guidelines, to guide timber harvest
for timber production or for other multiple use purposes on such lands.
    (c) Timber harvest for purposes other than timber production. Except
as provided in paragraph (d) of this section, the plan may include plan
components to allow for timber harvest for purposes other than timber
production throughout the plan area, or portions of the plan area, as a
tool to assist in achieving or maintaining one or more applicable
desired conditions or objectives of the plan in order to protect other
multiple-use values, and for salvage, sanitation, or public health or
safety. Examples of using timber harvest to protect other multiple use
values may include improving wildlife or fish habitat, thinning to
reduce fire risk, or restoring meadow or savanna ecosystems where trees
have invaded.
    (d) Limitations on timber harvest. Whether timber harvest would be
for the purposes of timber production or other purposes, plan
components, including standards or guidelines, must ensure the
following:
    (1) No timber harvest for the purposes of timber production may
occur on lands not suited for timber production.
    (2) Timber harvest would occur only where soil, slope, or other
watershed conditions would not be irreversibly damaged;
    (3) Timber harvest would be carried out in a manner consistent with
the protection of soil, watershed, fish, wildlife, recreation, and
aesthetic resources.
    (4) Where plan components will allow clearcutting, seed tree
cutting, shelterwood cutting, or other cuts designed to regenerate an
even-aged stand of timber, the plan must include standards limiting the
maximum size for openings that may be cut in one harvest operation,
according to geographic areas, forest types, or other suitable
classifications.
    (i) Plan standards may allow for openings larger than those
specified in paragraph (d)(4) of this section to be cut in one harvest
operation where the responsible official determines that larger harvest
openings are necessary

[[Page 75]]

to help achieve desired ecological conditions in the plan area. If so,
standards for exceptions shall include the particular conditions under
which the larger size is permitted and must set a maximum size permitted
under those conditions.
    (ii) Plan components may allow for size limits exceeding those
established in paragraphs (d)(4) introductory text and (d)(4)(i) of this
section on an individual timber sale basis after ``60-days'' public
notice and review by the regional forester.
    (iii) The plan maximum size for openings to be cut in one harvest
operation shall not apply to the size of openings harvested as a result
of natural catastrophic conditions such as fire, insect and disease
attack, or windstorm (16 U.S.C. 1604(g)(3)(F)(iv)).
    (5) Timber will be harvested from NFS lands only where such harvest
would comply with the resource protections set out in sections
6(g)(3)(E) and (F) of the NFMA (16 U.S.C. 1604(g)(3)(E) and (F)). Some
of these requirements are listed in paragraphs (d)(2) to (d)(4) of this
section.
    (6) The quantity of timber that may be sold from the national forest
is limited to an amount equal to or less than that which can be removed
from such forest annually in perpetuity on a sustained yield basis. This
limit may be measured on a decadal basis.
    (i) The plan may provide for departures from this limit as provided
by the NFMA when departure would be consistent with the plan's desired
conditions and objectives. Exceptions for departure from this limit on
the quantity sold may be made only after a public review and comment
period of at least 90 days.
    (ii) This limit may be based upon increases in harvest levels based
on intensified management practices, such as reforestation, thinning,
and tree improvement if such practices justify increasing the harvests
in accordance with the Multiple-Use Sustained-Yield Act of 1960. The
plan must require that such harvest levels be decreased at the end of
each planning period if such practices cannot be successfully
implemented or funds are not received to permit such practices to
continue substantially as planned.
    (iii) The Chief must include in the Forest Service Directive System
procedures for estimating the quantity of timber that can be removed
annually in perpetuity on a sustained-yield basis, and exceptions,
consistent with 16 U.S.C. 1611.
    (7) The regeneration harvest of even-aged stands of trees is limited
to stands that generally have reached the culmination of mean annual
increment of growth. This requirement would apply only to regeneration
harvest of even-aged stands on lands identified as suitable for timber
production and where timber production is the primary purpose for the
harvest. Plan components may allow for exceptions, set out in 16 U.S.C.
1604(m), only if such harvest is consistent with the other plan
components of the land management plan.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012; 78
FR 23492, Apr. 19, 2013]



Sec. 219.12  Monitoring.

    (a) Plan monitoring program. (1) The responsible official shall
develop a monitoring program for the plan area and include it in the
plan. Monitoring information should enable the responsible official to
determine if a change in plan components or other plan content that
guide management of resources on the plan area may be needed. The
development of the plan monitoring program must be coordinated with the
regional forester and Forest Service State and Private Forestry and
Research and Development. Responsible officials for two or more
administrative units may jointly develop their plan monitoring programs.
    (2) The plan monitoring program sets out the plan monitoring
questions and associated indicators. Monitoring questions and associated
indicators must be designed to inform the management of resources on the
plan area, including by testing relevant assumptions, tracking relevant
changes, and measuring management effectiveness and progress toward
achieving or maintaining the plan's desired conditions or objectives.
Questions and indicators should be based on one or more desired
conditions, objectives, or other plan components in the plan, but not
every plan

[[Page 76]]

component needs to have a corresponding monitoring question.
    (3) The plan monitoring program should be coordinated and integrated
with relevant broader-scale monitoring strategies (paragraph (b) of this
section) to ensure that monitoring is complementary and efficient, and
that information is gathered at scales appropriate to the monitoring
questions.
    (4) Subject to the requirements of paragraph (a)(5) of this section,
the responsible official has the discretion to set the scope and scale
of the plan monitoring program, after considering:
    (i) Information needs identified through the planning process as
most critical for informed management of resources on the plan area; and
    (ii) The financial and technical capabilities of the Agency.
    (5) Each plan monitoring program must contain one or more monitoring
questions and associated indicators addressing each of the following:
    (i) The status of select watershed conditions.
    (ii) The status of select ecological conditions including key
characteristics of terrestrial and aquatic ecosystems.
    (iii) The status of focal species to assess the ecological
conditions required under Sec. 219.9.
    (iv) The status of a select set of the ecological conditions
required under Sec. 219.9 to contribute to the recovery of federally
listed threatened and endangered species, conserve proposed and
candidate species, and maintain a viable population of each species of
conservation concern.
    (v) The status of visitor use, visitor satisfaction, and progress
toward meeting recreation objectives.
    (vi) Measurable changes on the plan area related to climate change
and other stressors that may be affecting the plan area.
    (vii) Progress toward meeting the desired conditions and objectives
in the plan, including for providing multiple use opportunities.
    (viii) The effects of each management system to determine that they
do not substantially and permanently impair the productivity of the land
(16 U.S.C. 1604(g)(3)(C)).
    (6) A range of monitoring techniques may be used to carry out the
monitoring requirements in paragraph (a)(5) of this section.
    (7) This section does not apply to projects or activities. Project
and activity monitoring may be used to gather information for the plan
monitoring program, and information gathered through plan monitoring may
be used to inform development of projects or activities. But, the
monitoring requirements of this section are not a prerequisite for
making a decision to carry out a project or activity.
    (b) Broader-scale monitoring strategies. (1) The regional forester
shall develop a broader-scale monitoring strategy for plan monitoring
questions that can best be answered at a geographic scale broader than
one plan area.
    (2) When developing a monitoring strategy, the regional forester
shall coordinate with the relevant responsible officials, Forest Service
State and Private Forestry and Research and Development, partners, and
the public. Two or more regional foresters may jointly develop broader-
scale monitoring strategies.
    (3) Each regional forester shall ensure that the broader-scale
monitoring strategy is within the financial and technical capabilities
of the region and complements other ongoing monitoring efforts.
    (4) Projects and activities may be carried out under plans
developed, amended, or revised under this part before the regional
forester has developed a broader-scale monitoring strategy.
    (c) Timing and process for developing the plan monitoring program
and broader-scale strategies. (1) The responsible official shall develop
the plan monitoring program as part of the planning process for a new
plan development or plan revision. Where a plan's monitoring program has
been developed under the provisions of a prior planning regulation and
the unit has not initiated plan revision under this part, the
responsible official shall modify the plan monitoring program within 4
years of the effective date of this part, or as soon as practicable, to
meet the requirements of this section.

[[Page 77]]

    (2) The regional forester shall develop a broader-scale monitoring
strategy as soon as practicable.
    (3) To the extent practicable, appropriate, and relevant to the
monitoring questions in the plan monitoring program, plan monitoring
programs and broader-scale strategies must be designed to take into
account:
    (i) Existing national and regional inventory, monitoring, and
research programs of the Agency, including from the NFS, State and
Private Forestry, and Research and Development, and of other
governmental and non-governmental entities;
    (ii) Opportunities to design and carry out multi-party monitoring
with other Forest Service units, Federal, State or local government
agencies, scientists, partners, and members of the public; and
    (iii) Opportunities to design and carry out monitoring with
federally recognized Indian Tribes and Alaska Native Corporations.
    (d) Biennial evaluation of the monitoring information. (1) The
responsible official shall conduct a biennial evaluation of new
information gathered through the plan monitoring program and relevant
information from the broader-scale strategy, and shall issue a written
report of the evaluation and make it available to the public.
    (i) The first monitoring evaluation for a plan or plan revision
developed in accordance with this subpart must be completed no later
than 2 years from the effective date of plan decision.
    (ii) Where the monitoring program developed under the provisions of
a prior planning regulation has been modified to meet the requirements
of paragraph (c)(1) of this section, the first monitoring evaluation
must be completed no later than 2 years from the date the change takes
effect.
    (iii) The monitoring evaluation report may be postponed for 1 year
in case of exigencies, but notice of the postponement must be provided
to the public prior to the date the report is due for that year (Sec.
219.16(c)(6)).
    (2) The monitoring evaluation report must indicate whether or not a
change to the plan, management activities, or the monitoring program, or
a new assessment, may be warranted based on the new information. The
monitoring evaluation report must be used to inform adaptive management
of the plan area.
    (3) The monitoring evaluation report may be incorporated into other
planning documents if the responsible official has initiated a plan
revision or relevant amendment.
    (4) The monitoring evaluation report is not a decision document
representing final Agency action, and is not subject to the objection
provisions of subpart B.



Sec. 219.13  Plan amendment and administrative changes.

    (a) Plan amendment. A plan may be amended at any time. Plan
amendments may be broad or narrow, depending on the need for change, and
should be used to keep plans current and help units adapt to new
information or changing conditions. The responsible official has the
discretion to determine whether and how to amend the plan. Except as
provided by paragraph (c) of this section, a plan amendment is required
to add, modify, or remove one or more plan components, or to change how
or where one or more plan components apply to all or part of the plan
area (including management areas or geographic areas).
    (b) Amendment process. The responsible official shall:
    (1) Base an amendment on a preliminary identification of the need to
change the plan. The preliminary identification of the need to change
the plan may be based on a new assessment; a monitoring report; or other
documentation of new information, changed conditions, or changed
circumstances. When a plan amendment is made together with, and only
applies to, a project or activity decision, the analysis prepared for
the project or activity may serve as the documentation for the
preliminary identification of the need to change the plan;
    (2) Provide opportunities for public participation as required in
Sec. 219.4 and public notification as required in Sec. 219.16. The
responsible official may combine processes and associated public
notifications where appropriate, considering the scope and scale of the
need to change the plan; and

[[Page 78]]

    (3) Amend the plan consistent with Forest Service NEPA procedures.
The appropriate NEPA documentation for an amendment may be an
environmental impact statement, an environmental assessment, or a
categorical exclusion, depending upon the scope and scale of the
amendment and its likely effects. A proposed amendment that may create a
significant environmental effect and thus require preparation of an
environmental impact statement is considered a significant change in the
plan for the purposes of the NFMA.
    (c) Administrative changes. An administrative change is any change
to a plan that is not a plan amendment or plan revision. Administrative
changes include corrections of clerical errors to any part of the plan,
conformance of the plan to new statutory or regulatory requirements, or
changes to other content in the plan (Sec. 219.7(f)).
    (1) A substantive change to the monitoring program made outside of
the process for plan revision or amendment may be made only after notice
to the public of the intended change and consideration of public comment
(Sec. 219.16(c)(6)).
    (2) All other administrative changes may be made following public
notice (Sec. 219.16(c)(6)).



Sec. 219.14  Decision document and planning records.

    (a) Decision document. The responsible official shall record
approval of a new plan, plan amendment, or revision in a decision
document prepared according to Forest Service NEPA procedures (36 CFR
220). The decision document must include:
    (1) The rationale for approval;
    (2) An explanation of how the plan components meet the
sustainability requirements of Sec. 219.8, the diversity requirements
of Sec. 219.9, the multiple use requirements of Sec. 219.10, and the
timber requirements of Sec. 219.11;
    (3) A statement of how the plan, plan amendment, or plan revision
applies to approved projects and activities (Sec. 219.15);
    (4) The documentation of how the best available scientific
information was used to inform planning, the plan components, and other
plan content, including the plan monitoring program (Sec. 219.3);
    (5) The concurrence by the appropriate research station director
with any part of the plan applicable to any experimental forests or
experimental ranges (Sec. 219.2(b)(4)); and
    (6) The effective date of the plan, amendment, or revision.
    (b) Planning records. (1) The responsible official shall keep the
following documents readily accessible to the public by posting them
online and through other means: assessment reports (Sec. 219.6); the
plan, including the monitoring program; the proposed plan, plan
amendment, or plan revision; public notices and environmental documents
associated with a plan; plan decision documents; and monitoring
evaluation reports (Sec. 219.12).
    (2) The planning record includes documents that support analytical
conclusions made and alternatives considered throughout the planning
process. The responsible official shall make the planning record
available at the office where the plan, plan amendment, or plan revision
was developed.



Sec. 219.15  Project and activity consistency with the plan.

    (a) Application to existing authorizations and approved projects or
activities. Every decision document approving a plan, plan amendment, or
plan revision must state whether authorizations of occupancy and use
made before the decision document may proceed unchanged. If a plan
decision document does not expressly allow such occupancy and use, the
permit, contract, and other authorizing instrument for the use and
occupancy must be made consistent with the plan, plan amendment, or plan
revision as soon as practicable, as provided in paragraph (d) of this
section, subject to valid existing rights.
    (b) Application to projects or activities authorized after plan
decision. Projects and activities authorized after approval of a plan,
plan amendment, or plan revision must be consistent with the plan as
provided in paragraph (d) of this section.
    (c) Resolving inconsistency. When a proposed project or activity
would not be consistent with the applicable plan

[[Page 79]]

components, the responsible official shall take one of the following
steps, subject to valid existing rights:
    (1) Modify the proposed project or activity to make it consistent
with the applicable plan components;
    (2) Reject the proposal or terminate the project or activity;
    (3) Amend the plan so that the project or activity will be
consistent with the plan as amended; or
    (4) Amend the plan contemporaneously with the approval of the
project or activity so that the project or activity will be consistent
with the plan as amended. This amendment may be limited to apply only to
the project or activity.
    (d) Determining consistency. Every project and activity must be
consistent with the applicable plan components. A project or activity
approval document must describe how the project or activity is
consistent with applicable plan components developed or revised in
conformance with this part by meeting the following criteria:
    (1) Goals, desired conditions, and objectives. The project or
activity contributes to the maintenance or attainment of one or more
goals, desired conditions, or objectives, or does not foreclose the
opportunity to maintain or achieve any goals, desired conditions, or
objectives, over the long term.
    (2) Standards. The project or activity complies with applicable
standards.
    (3) Guidelines. The project or activity:
    (i) Complies with applicable guidelines as set out in the plan; or
    (ii) Is designed in a way that is as effective in achieving the
purpose of the applicable guidelines (Sec. 219.7(e)(1)(iv)).
    (4) Suitability. A project or activity would occur in an area:
    (i) That the plan identifies as suitable for that type of project or
activity; or
    (ii) For which the plan is silent with respect to its suitability
for that type of project or activity.
    (e) Consistency of resource plans within the planning area with the
land management plan. Any resource plans (for example, travel management
plans) developed by the Forest Service that apply to the resources or
land areas within the planning area must be consistent with the plan
components. Resource plans developed prior to plan decision must be
evaluated for consistency with the plan and amended if necessary.



Sec. 219.16  Public notifications.

    The following public notification requirements apply to plan
development, amendment, or revision. Notifications may be combined where
appropriate.
    (a) When formal public notification is required. Public notification
must be provided as follows:
    (1) To initiate the development of a proposed plan, plan amendment,
or plan revision;
    (2) To invite comments on a proposed plan, plan amendment, or plan
revision, and associated environmental analysis. For a new plan, plan
amendment, or a plan revision for which a draft environmental impact
statement (EIS) is prepared, the comment period is at least 90 days. For
an amendment for which a draft EIS is not prepared, the comment period
is at least 30 days;
    (3) To begin the objection period for a plan, plan amendment, or
plan revision before approval (Sec. 219.52);
    (4) To approve a final plan, plan amendment, or plan revision; or
    (5) To announce whenever a plan, plan amendment, or plan revision
process initiated under the provisions of a previous planning regulation
will be conformed to meet the provisions of this part (Sec.
219.17(b)(3)).
    (b) Project or activity plan amendments. When a plan amendment is
approved in a decision document approving a project or activity and the
amendment applies only to the project or activity, the notification
requirements of 36 CFR part 215 or part 218, subpart A, applies instead
of this section.
    (c) How public notice is provided. The responsible official should
use contemporary tools to provide notice to the public. At a minimum,
all public notifications required by this part must be posted online,
and:
    (1) When the Chief, the Under Secretary, or the Secretary is the
responsible official, notice must be published in the Federal Register.
    (2) For a new plan or plan revision, when an official other than the
Chief, the Under Secretary, or the Secretary is the responsible
official, notice must

[[Page 80]]

be published in the Federal Register and the applicable newspaper(s) of
record.
    (3) When the notice is for the purpose of inviting comments on a
proposed plan, plan amendment, or plan revision for which a draft EIS is
prepared, the Environmental Protection Agency (EPA) Federal Register
notice of availability of a draft EIS shall serve as the required
Federal Register notice.
    (4) For a plan amendment when an official other than the Chief, the
Under Secretary, or the Secretary is the responsible official, and for
which a draft EIS is not prepared, notices must be published in the
newspaper(s) of record.
    (5) If a plan, plan amendment, or plan revision applies to two or
more units, notices must be published in the Federal Register and the
newspaper(s) of record for the applicable units.
    (6) Additional public notice of administrative changes, changes to
the monitoring program, opportunities to provide information for
assessments, assessment reports, monitoring evaluation reports, or other
notices not listed in paragraph (a) of this section may be made in any
way the responsible official deems appropriate.
    (d) Content of public notices. Public notices required by this
section except for notices applicable to paragraph (c)(3) of this
section, must clearly describe the action subject to notice and the
nature and scope of the decisions to be made; identify the responsible
official; describe when, where, and how the responsible official will
provide opportunities for the public to participate in the planning
process; and explain how to obtain additional information.



Sec. 219.17  Effective dates and transition.

    (a) Effective dates. (1) A plan or plan revision is effective 30
days after publication of notice of its approval.
    (2) Except as provided in paragraph (a)(3) of this section, a plan
amendment for which an environmental impact statement (EIS) has been
prepared is effective 30 days after publication of notice of its
approval; a plan amendment for which an EIS has not been prepared is
effective immediately.
    (3) A plan amendment that applies to only one specific project or
activity is effective on the date the project may be implemented in
accordance with administrative review regulations at 36 CFR parts 215
and 218.
    (b) Plan amendment and plan revision transition. For the purposes of
this section, initiation means that the Agency has issued a notice of
intent or other notice announcing the beginning of the process to
develop a proposed plan, plan amendment, or plan revision.
    (1) Initiating plan development and plan revisions. Plan development
and plan revisions initiated after May 9, 2012 must conform to the
requirements of this part.
    (2) Initiating plan amendments. All plan amendments initiated after
May 9, 2012, are subject to the objection process in subpart B of this
part. With respect to plans approved or revised under a prior planning
regulation, including the transition provisions of the reinstated 2000
rule (36 CFR part 219, published at 36 CFR parts 200 to 299, revised as
of July 1, 2010), plan amendments may be initiated under the provisions
of the prior planning regulation for 3 years after May 9, 2012, and may
be completed and approved under those provisions (except for the
optional appeal procedures of the prior planning regulation); or may be
initiated, completed, and approved under the requirements of this part.
After the 3-year transition period, all plan amendments must be
initiated, completed, and approved under the requirements of this part.
    (3) Plan development, plan amendments, or plan revisions initiated
before this part. For plan development, plan amendments, or plan
revisions that were initiated before May 9, 2012, the responsible
official may complete and approve the plan, plan amendment, or plan
revision in conformance with the provisions of the prior planning
regulation, including its transition provisions (36 CFR part 219,
published at 36 CFR parts 200 to 299, revised as of July 1, 2010), or
may conform the plan, plan amendment, or plan revision to the
requirements of this part. If the responsible official chooses to
complete an ongoing planning process under the

[[Page 81]]

provisions of the prior planning regulation, but chooses to allow for an
objection rather than an administrative appeal, the objection process in
subpart B of this part shall apply. When the responsible official
chooses to conform an ongoing planning process to this part, public
notice must be made (Sec. 219.16(a)(5)). An objection process may be
chosen only if the public is provided the opportunity to comment on a
proposed plan, plan amendment, or plan revision, and associated
environmental analysis.
    (c) Plans developed, amended, or revised under a prior planning
regulation. This part supersedes any prior planning regulation. No
obligations remain from any prior planning regulation, except those that
are specifically included in a unit's existing plan. Existing plans will
remain in effect until revised. This part does not compel a change to
any existing plan, except as required in Sec. 219.12(c)(1). None of the
requirements of this part apply to projects or activities on units with
plans developed or revised under a prior planning rule until the plan is
revised under this part, except that projects or activities on such
units must comply with the consistency requirement of Sec. 219.15 with
respect to any amendments that are developed and approved pursuant to
this part.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]



Sec. 219.18  Severability.

    In the event that any specific provision of this part is deemed by a
court to be invalid, the remaining provisions shall remain in effect.



Sec. 219.19  Definitions.

    Definitions of the special terms used in this subpart are set out as
follows.
    Alaska Native Corporation. One of the regional, urban, and village
native corporations formed under the Alaska Native Claims Settlement Act
of 1971.
    Assessment. For the purposes of this subpart, an assessment is the
identification and evaluation of existing information to support land
management planning. Assessments are not decisionmaking documents, but
provide current information on select topics relevant to the plan area,
in the context of the broader landscape.
    Best management practices for water quality (BMPs). Methods,
measures, or practices selected by an agency to meet its nonpoint source
control needs. BMPs include but are not limited to structural and
nonstructural controls and operation and maintenance procedures. BMPs
can be applied before, during, and after pollution-producing activities
to reduce or eliminate the introduction of pollutants into receiving
waters.
    Candidate species. (1) For U.S. Fish and Wildlife Service candidate
species, a species for which the U.S. Fish and Wildlife Service
possesses sufficient information on vulnerability and threats to support
a proposal to list as endangered or threatened, but for which no
proposed rule has yet been published by the U.S. Fish and Wildlife
Service.
    (2) For National Marine Fisheries Service candidate species, a
species that is:
    (i) The subject of a petition to list and for which the National
Marine Fisheries Service has determined that listing may be warranted,
pursuant to section 4(b)(3)(A) of the Endangered Species Act (16 U.S.C.
1533(b)(3)(A)), or
    (ii) Not the subject of a petition but for which the National Marine
Fisheries Service has announced in the Federal Register the initiation
of a status review.
    Collaboration or collaborative process. A structured manner in which
a collection of people with diverse interests share knowledge, ideas,
and resources while working together in an inclusive and cooperative
manner toward a common purpose. Collaboration, in the context of this
part, falls within the full spectrum of public engagement described in
the Council on Environmental Quality's publication of October 2007:
Collaboration in NEPA--A Handbook for NEPA Practitioners.
    Connectivity. Ecological conditions that exist at several spatial
and temporal scales that provide landscape linkages that permit the
exchange of flow, sediments, and nutrients; the daily and seasonal
movements of animals within home ranges; the dispersal and genetic
interchange between populations; and the long-distance range

[[Page 82]]

shifts of species, such as in response to climate change.
    Conservation. The protection, preservation, management, or
restoration of natural environments, ecological communities, and
species.
    Conserve. For purposes of Sec. 219.9, to protect, preserve, manage,
or restore natural environments and ecological communities to
potentially avoid federally listing of proposed and candidate species.
    Culmination of mean annual increment of growth. See mean annual
increment of growth.
    Designated area. An area or feature identified and managed to
maintain its unique special character or purpose. Some categories of
designated areas may be designated only by statute and some categories
may be established administratively in the land management planning
process or by other administrative processes of the Federal executive
branch. Examples of statutorily designated areas are national heritage
areas, national recreational areas, national scenic trails, wild and
scenic rivers, wilderness areas, and wilderness study areas. Examples of
administratively designated areas are experimental forests, research
natural areas, scenic byways, botanical areas, and significant caves.
    Disturbance. Any relatively discrete event in time that disrupts
ecosystem, watershed, community, or species population structure and/or
function and changes resources, substrate availability, or the physical
environment.
    Disturbance regime. A description of the characteristic types of
disturbance on a given landscape; the frequency, severity, and size
distribution of these characteristic disturbance types; and their
interactions.
    Ecological conditions. The biological and physical environment that
can affect the diversity of plant and animal communities, the
persistence of native species, and the productive capacity of ecological
systems. Ecological conditions include habitat and other influences on
species and the environment. Examples of ecological conditions include
the abundance and distribution of aquatic and terrestrial habitats,
connectivity, roads and other structural developments, human uses, and
invasive species.
    Ecological integrity. The quality or condition of an ecosystem when
its dominant ecological characteristics (for example, composition,
structure, function, connectivity, and species composition and
diversity) occur within the natural range of variation and can withstand
and recover from most perturbations imposed by natural environmental
dynamics or human influence.
    Ecological sustainability. See sustainability.
    Ecological system. See ecosystem.
    Economic sustainability. See sustainability.
    Ecosystem. A spatially explicit, relatively homogeneous unit of the
Earth that includes all interacting organisms and elements of the
abiotic environment within its boundaries. An ecosystem is commonly
described in terms of its:
    (1) Composition. The biological elements within the different levels
of biological organization, from genes and species to communities and
ecosystems.
    (2) Structure. The organization and physical arrangement of
biological elements such as, snags and down woody debris, vertical and
horizontal distribution of vegetation, stream habitat complexity,
landscape pattern, and connectivity.
    (3) Function. Ecological processes that sustain composition and
structure, such as energy flow, nutrient cycling and retention, soil
development and retention, predation and herbivory, and natural
disturbances such as wind, fire, and floods.
    (4) Connectivity. (see connectivity above).
    Ecosystem diversity. The variety and relative extent of ecosystems.
    Ecosystem services. Benefits people obtain from ecosystems,
including:
    (1) Provisioning services, such as clean air and fresh water,
energy, fuel, forage, fiber, and minerals;
    (2) Regulating services, such as long term storage of carbon;
climate regulation; water filtration, purification, and storage; soil
stabilization; flood control; and disease regulation;

[[Page 83]]

    (3) Supporting services, such as pollination, seed dispersal, soil
formation, and nutrient cycling; and
    (4) Cultural services, such as educational, aesthetic, spiritual and
cultural heritage values, recreational experiences, and tourism
opportunities.
    Environmental assessment (EA). See definition in Sec. 219.62.
    Environmental document. For the purposes of this part: an
environmental assessment, environmental impact statement, finding of no
significant impact, categorical exclusion, and notice of intent to
prepare an environmental impact statement.
    Environmental impact statement (EIS). See definition in Sec.
219.62.
    Even-aged stand. A stand of trees composed of a single age class.
    Federally recognized Indian Tribe. An Indian or Alaska Native Tribe,
band, nation, pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian Tribe under the Federally
Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.
    Focal species. A small subset of species whose status permits
inference to the integrity of the larger ecological system to which it
belongs and provides meaningful information regarding the effectiveness
of the plan in maintaining or restoring the ecological conditions to
maintain the diversity of plant and animal communities in the plan area.
Focal species would be commonly selected on the basis of their
functional role in ecosystems.
    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 uses. 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
power line clearings of any width.
    Geographic area. A spatially contiguous land area identified within
the planning area. A geographic area may overlap with a management area.
    Inherent capability of the plan area. The ecological capacity or
ecological potential of an area characterized by the interrelationship
of its physical elements, its climatic regime, and natural disturbances.
    Integrated resource management. Multiple use management that
recognizes the interdependence of ecological resources and is based on
the need for integrated consideration of ecological, social, and
economic factors.
    Landscape. A defined area irrespective of ownership or other
artificial boundaries, such as a spatial mosaic of terrestrial and
aquatic ecosystems, landforms, and plant communities, repeated in
similar form throughout such a defined area.
    Maintain. In reference to an ecological condition: To keep in
existence or continuance of the desired ecological condition in terms of
its desired composition, structure, and processes. Depending upon the
circumstance, ecological conditions may be maintained by active or
passive management or both.
    Management area. A land area identified within the planning area
that has the same set of applicable plan components. A management area
does not have to be spatially contiguous.
    Management system. For purposes of this subpart, a timber management
system including even-aged management and uneven-aged management.
    Mean annual increment of growth and culmination of mean annual
increment of growth. Mean annual increment of growth is the total
increment of increase of volume of a stand (standing crop plus
thinnings) up to a given age divided by that age. Culmination of mean
annual increment of growth is the age in the growth cycle of an even-
aged stand at which the average annual rate of increase of volume is at
a maximum. In land management plans, mean annual increment is expressed
in cubic measure and is based on the expected growth of stands,
according to intensities and utilization guidelines in the plan.
    Monitoring. A systematic process of collecting information to
evaluate effects of actions or changes in conditions or relationships.
    Multiple use. The management of all the various renewable surface
resources of the NFS so that they are utilized in the combination that
will best meet the needs of the American people; making the most
judicious use

[[Page 84]]

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 land 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, consistent with
the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531).
    National Forest System. See definition in Sec. 219.62.
    Native knowledge. A way of knowing or understanding the world,
including traditional ecological and social knowledge of the environment
derived from multiple generations of indigenous peoples' interactions,
observations, and experiences with their ecological systems. Native
knowledge is place-based and culture-based knowledge in which people
learn to live in and adapt to their own environment through
interactions, observations, and experiences with their ecological
system. This knowledge is generally not solely gained, developed by, or
retained by individuals, but is rather accumulated over successive
generations and is expressed through oral traditions, ceremonies,
stories, dances, songs, art, and other means within a cultural context.
    Native species. An organism that was historically or is present in a
particular ecosystem as a result of natural migratory or evolutionary
processes; and not as a result of an accidental or deliberate
introduction into that ecosystem. An organism's presence and evolution
(adaptation) in an area are determined by climate, soil, and other
biotic and abiotic factors.
    Newspaper(s) of record. See definition in Sec. 219.62.
    Objection. See definition in Sec. 219.62.
    Online. See definition in Sec. 219.62.
    Participation. Activities that include a wide range of public
involvement tools and processes, such as collaboration, public meetings,
open houses, workshops, and comment periods.
    Persistence. Continued existence.
    Plan area. The NFS lands covered by a plan.
    Plan or land management plan. A document or set of documents that
provide management direction for an administrative unit of the NFS
developed under the requirements of this part or a prior planning rule.
    Plant and animal community. A naturally occurring assemblage of
plant and animal species living within a defined area or habitat.
    Productivity. The capacity of NFS lands and their ecological systems
to provide the various renewable resources in certain amounts in
perpetuity. For the purposes of this subpart, productivity is an
ecological term, not an economic term.
    Project. An organized effort to achieve an outcome on NFS lands
identified by location, tasks, outputs, effects, times, and
responsibilities for execution.
    Proposed Species. Any species of fish, wildlife, or plant that is
proposed by the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service in the Federal Register to be listed under Section 4
of the Endangered Species Act.
    Recovery. For the purposes of this subpart, and with respect to
threatened or endangered species: The improvement in the status of a
listed species to the point at which listing as federally endangered or
threatened is no longer appropriate.
    Recreation. See Sustainable recreation.
    Recreation opportunity. An opportunity to participate in a specific
recreation activity in a particular recreation setting to enjoy desired
recreation experiences and other benefits that accrue. Recreation
opportunities include non-motorized, motorized, developed, and dispersed
recreation on land, water, and in the air.
    Recreation setting. The social, managerial, and physical attributes
of a place that, when combined, provide a distinct set of recreation
opportunities. The Forest Service uses the recreation opportunity
spectrum to define recreation settings and categorize them into

[[Page 85]]

six distinct classes: primitive, semi-primitive non-motorized, semi-
primitive motorized, roaded natural, rural, and urban.
    Responsible official. See definition in Sec. 219.62.
    Restoration. The process of assisting the recovery of an ecosystem
that has been degraded, damaged, or destroyed. Ecological restoration
focuses on reestablishing the composition, structure, pattern, and
ecological processes necessary to facilitate terrestrial and aquatic
ecosystems sustainability, resilience, and health under current and
future conditions.
    Restore. To renew by the process of restoration (see restoration).
    Riparian Areas. Three-dimensional ecotones of interaction that
include terrestrial and aquatic ecosystems that extend down into the
groundwater, up above the canopy, outward across the floodplain, up the
near-slopes that drain to the water, laterally into the terrestrial
ecosystem, and along the water course at variable widths.
    Riparian management zone. Portions of a watershed where riparian-
dependent resources receive primary emphasis, and for which plans
include plan components to maintain or restore riparian functions and
ecological functions.
    Risk. A combination of the likelihood that a negative outcome will
occur and the severity of the subsequent negative consequences.
    Scenic character. A combination of the physical, biological, and
cultural images that gives an area its scenic identity and contributes
to its sense of place. Scenic character provides a frame of reference
from which to determine scenic attractiveness and to measure scenic
integrity.
    Social sustainability. See sustainability.
    Sole source aquifer. Underground water supply designated by the
Environmental Protection Agency (EPA) as the ``sole or principle''
source of drinking water for an area as established under section
1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)).
    Source water protection areas. The area delineated by a State or
Tribe for a public water system (PWS) or including numerous PWSs,
whether the source is ground water or surface water or both, as part of
a State or tribal source water assessment and protection program (SWAP)
approved by the Environmental Protection Agency under section 1453 of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)).
    Stressors. For the purposes of this subpart: Factors that may
directly or indirectly degrade or impair ecosystem composition,
structure or ecological process in a manner that may impair its
ecological integrity, such as an invasive species, loss of connectivity,
or the disruption of a natural disturbance regime.
    Sustainability. The capability to meet the needs of the present
generation without compromising the ability of future generations to
meet their needs. For purposes of this part, ``ecological
sustainability'' refers to the capability of ecosystems to maintain
ecological integrity; ``economic sustainability'' refers to the
capability of society to produce and consume or otherwise benefit from
goods and services including contributions to jobs and market and
nonmarket benefits; and ``social sustainability'' refers to the
capability of society to support the network of relationships,
traditions, culture, and activities that connect people to the land and
to one another, and support vibrant communities.
    Sustainable recreation. The set of recreation settings and
opportunities on the National Forest System that is ecologically,
economically, and socially sustainable for present and future
generations.
    Timber harvest. The removal of trees for wood fiber use and other
multiple-use purposes.
    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.
    Viable population. A population of a species that continues to
persist over the long term with sufficient distribution to be resilient
and adaptable to stressors and likely future environments.
    Watershed. A region or land area drained by a single stream, river,
or drainage network; a drainage basin.

[[Page 86]]

    Watershed condition. The state of a watershed based on physical and
biogeochemical characteristics and processes.
    Wild and scenic river. A river designated by Congress as part of the
National Wild and Scenic Rivers System that was established in the Wild
and Scenic Rivers Act of 1968 (16 U.S.C. 1271 (note), 1271-1287).
    Wilderness. Any area of land designated by Congress as part of the
National Wilderness Preservation System that was established in the
Wilderness Act of 1964 (16 U.S.C. 1131-1136).

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]



         Subpart B_Pre-Decisional Administrative Review Process



Sec. 219.50  Purpose and scope.

    This subpart establishes a pre-decisional administrative review
(hereinafter referred to as objection) process for plans, plan
amendments, or plan revisions. This process gives an individual or
entity an opportunity for an independent Forest Service review and
resolution of issues before the approval of a plan, plan amendment, or
plan revision. This subpart identifies who may file objections to a
plan, plan amendment, or plan revision; the responsibilities of the
participants in an objection; and the procedures that apply to the
review of the objection.



Sec. 219.51  Plans, plan amendments, or plan revisions not subject to
objection.

    (a) A plan, plan amendment, or plan revision is not subject to
objection when the responsible official receives no substantive formal
comments (Sec. 219.62) on that proposal during the opportunities for
public comment (Sec. 219.53(a)).
    (b) Plans, plan amendments, or plan revisions proposed by the
Secretary of Agriculture or the Under Secretary for Natural Resources
and Environment are not subject to the procedures set forth in this
section. A decision by the Secretary or Under Secretary constitutes the
final administrative determination of the U.S. Department of
Agriculture.
    (c) A plan, plan amendment, or plan revision is not subject to
objection under this subpart if another administrative review process is
used consistent with Sec. 219.59.
    (d) When a plan, plan amendment, or plan revision is not subject to
objection under this subpart, the responsible official shall include an
explanation with the signed decision document.



Sec. 219.52  Giving notice of a plan, plan amendment, or plan revision
subject to objection before approval.

    (a) The responsible official shall disclose during the NEPA scoping
process and in the appropriate NEPA documents that the proposed plan,
plan amendment, or plan revision is subject to the objection procedures
in this subpart. This disclosure is in addition to the public notice
that begins the objection filing period, as required at Sec. 219.16.
When a responsible official chooses to use the objection process of this
subpart for a plan, plan amendment, or plan revision process initiated
before the effective date of this rule, notice that the objection
process will be used must be given prior to an opportunity to provide
substantive formal comment on a proposed plan, plan amendment, or
revision and associated environmental analysis.
    (b) The responsible official shall make available the public notice
for the beginning of the objection period for a plan, plan amendment, or
plan revision (Sec. 219.16(a)(3)) to those who have requested the
environmental documents or are eligible to file an objection consistent
with Sec. 219.53.
    (c) The content of the public notice for the beginning of the
objection period for a plan, plan amendment, or plan revision before
approval (Sec. 219.16(a)(3)) must:
    (1) Inform the public of the availability of the plan, plan
amendment, or plan revision, the appropriate final environmental
documents, the draft plan decision document, and any relevant assessment
or monitoring evaluation report; the commencement of the objection
filing period under 36 CFR part 219 Subpart B; and the process for
objecting. The documents in this paragraph will be made available online
at the time of public notice.

[[Page 87]]

    (2) Include the name of the plan, plan amendment, or plan revision,
the name and title of the responsible official, and instructions on how
to obtain a copy of the appropriate final environmental documents; the
draft plan decision document; and the plan, plan amendment, or plan
revision.
    (3) Include the name and address of the reviewing officer with whom
an objection is to be filed. The notice must specify a street, postal,
fax, and email address; the acceptable format(s) for objections filed
electronically; and the reviewing officer's office business hours for
those filing hand-delivered objections.
    (4) Include a statement that objections will be accepted only from
those who have previously submitted substantive formal comments specific
to the proposed plan, plan amendment, or plan revision during any
opportunity for public comment as provided in subpart A.
    (5) Include a statement that the publication date of the public
notice in the applicable newspaper of record (or the Federal Register,
if the responsible official is the Chief) is the exclusive means for
calculating the time to file an objection (Sec. 219.56).
    (6) Include a statement that an objection, including attachments,
must be filed with the appropriate reviewing officer (Sec. 219.62)
within 60 days, if an environmental impact statement has been prepared,
otherwise within 45 days of the date of publication of the public notice
for the objection process.
    (7) Include a statement describing the minimum content requirements
of an objection (Sec. 219.54(c)).



Sec. 219.53  Who may file an objection.

    (a) Individuals and entities who have submitted substantive formal
comments related to a plan, plan amendment, or plan revision during the
opportunities for public comment as provided in subpart A during the
planning process for that decision may file an objection. Objections
must be based on previously submitted substantive formal comments
attributed to the objector unless the objection concerns an issue that
arose after the opportunities for formal comment. The burden is on the
objector to demonstrate compliance with requirements for objection.
Objections that do not meet the requirements of this paragraph may not
be accepted; however, objections not accepted must be documented in the
planning record.
    (b) Formal comments received from an authorized representative(s) of
an entity are considered those of the entity only. Individual members of
that entity do not meet objection eligibility requirements solely based
on membership in an entity. A member or an individual must submit
substantive formal comments independently to be eligible to file an
objection in an individual capacity.
    (c) When an objection lists multiple individuals or entities, each
individual or entity must meet the requirements of paragraph (a) of this
section. Individuals or entities listed on an objection that do not meet
eligibility requirements may not be considered objectors, although an
objection must be accepted (if not otherwise set aside for review under
Sec. 219.55) if at least one listed individual or entity meets the
eligibility requirements.
    (d) Federal agencies may not file objections.
    (e) Federal employees who otherwise meet the requirements of this
subpart for filing objections in a non-official capacity must 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
may not be on official duty nor use government property or equipment in
the preparation or filing of an objection. Further, employees may not
include information unavailable to the public, such as Federal agency
documents that are exempt from disclosure under the Freedom of
Information Act (5 U.S.C. 552(b)).



Sec. 219.54  Filing an objection.

    (a) All objections must be filed, in writing, with the reviewing
officer for the plan. All objections must be open to public inspection
during the objection process.
    (b) Including documents by reference is not allowed, except for the
following list of items that may be referenced by including the name,
date, page number

[[Page 88]]

(where applicable), and relevant section of the cited document. All
other documents or Web links to those documents, or both must be
included with the objection, if referenced in the objection.
    (1) All or any part of a Federal law or regulation.
    (2) Forest Service Directive System documents and land management
plans or other published Forest Service documents.
    (3) Documents referenced by the Forest Service in the planning
documentation related to the proposal subject to objection.
    (4) Formal comments previously provided to the Forest Service by the
objector during the proposed plan, plan amendment, or plan revision
comment period.
    (c) At a minimum, an objection must include the following:
    (1) The objector's name and address (Sec. 219.62), along with a
telephone number or email address if available;
    (2) Signature or other verification of authorship upon request (a
scanned signature for electronic mail may be filed with the objection);
    (3) Identification of the lead objector, when multiple names are
listed on an objection (Sec. 219.62). Verification of the identity of
the lead objector if requested;
    (4) The name of the plan, plan amendment, or plan revision being
objected to, and the name and title of the responsible official;
    (5) A statement of the issues and/or the parts of the plan, plan
amendment, or plan revision to which the objection applies;
    (6) A concise statement explaining the objection and suggesting how
the proposed plan decision may be improved. If applicable, the objector
should identify how the objector believes that the plan, plan amendment,
or plan revision is inconsistent with law, regulation, or policy; and
    (7) A statement that demonstrates the link between prior substantive
formal comments attributed to the objector and the content of the
objection, unless the objection concerns an issue that arose after the
opportunities for formal comment (Sec. 219.53(a)).



Sec. 219.55  Objections set aside from review.

    (a) The reviewing officer shall set aside and not review an
objection when one or more of the following applies:
    (1) Objections are not filed in a timely manner (Sec. 219.56);
    (2) The proposed plan, plan amendment, or plan revision is not
subject to the objection procedures of this subpart pursuant to
Sec. Sec. 219.51 and 219.59;
    (3) The individual or entity did not submit substantive formal
comments (Sec. 219.53) during opportunities for public comment on the
proposed decision (Sec. 219.16(a)(1) and (a)(2));
    (4) None of the issues included in the objection is based on
previously submitted substantive formal comments unless one or more of
those issues arose after the opportunities for formal comment;
    (5) The objection does not provide sufficient information as
required by Sec. 219.54(c);
    (6) The objector withdraws the objection in writing;
    (7) The objector's identity is not provided or cannot be determined
from the signature (written or electronically scanned), and a reasonable
means of contact is not provided (Sec. 219.54(c)); or
    (8) The objection is illegible for any reason and a legible copy
cannot easily be obtained.
    (b) When an objection includes an issue that is not based on
previously submitted substantive formal comments and did not arise after
the opportunities for formal comment, that issue will be set aside and
not reviewed. Other issues raised in the objection that meet the
requirements of this subpart will be reviewed.
    (c) The reviewing officer shall give written notice to the objector
and the responsible official when an objection or part of an objection
is set aside from review and shall state the reasons for not reviewing
the objection in whole or part. If the objection is set aside from
review for reasons of illegibility or lack of a means of contact, the
reasons must be documented in the planning record.

[[Page 89]]



Sec. 219.56  Objection time periods and process.

    (a) Time to file an objection. For a new plan, plan amendment, or
plan revision for which an environmental impact statement (EIS) is
prepared, written objections, including any attachments, must be filed
within 60 days following the publication date of the public notice for a
plan, plan amendment, or plan revision before approval (Sec. Sec.
219.16 and 219.52). For an amendment for which an EIS is not prepared,
the time to file an objection is within 45 days. It is the
responsibility of the objector to ensure that the reviewing officer
receives the objection in a timely manner.
    (b) Computation of time periods. (1) All time periods are computed
using calendar days, including Saturdays, Sundays, and Federal holidays
in the time zone of the reviewing officer. However, when the time period
expires on a Saturday, Sunday, or Federal holiday, the time is extended
to the end of the next Federal working day (11:59 p.m. for objections
filed by electronic means such as email or facsimile machine).
    (2) The day after publication of the public notice for a plan, plan
amendment, or plan revision before approval (Sec. Sec. 219.16 and
219.52), is the first day of the objection filing period.
    (3) The publication date of the public notice for a plan, plan
amendment, or plan revision before approval (Sec. Sec. 219.16 and
219.52), is the exclusive means for calculating the time to file an
objection. Objectors may not rely on dates or timeframe information
provided by any other source.
    (c) Evidence of timely filing. The objector is responsible for
filing the objection in a timely manner. Timeliness must be determined
by one of the following indicators:
    (1) The date of the U.S. Postal Service postmark for an objection
received before the close of the fifth business day after the objection
filing date;
    (2) The electronically generated posted date and time for email and
facsimiles;
    (3) The shipping date for delivery by private carrier for an
objection received before the close of the fifth business day after the
objection filing date; or
    (4) The official agency date stamp showing receipt of hand delivery.
    (d) Extensions. Time extensions for filing are not permitted except
as provided at paragraph (b)(1) of this section.
    (e) Reviewing officer role and responsibilities. The reviewing
officer is the U.S. Department of Agriculture (USDA) or Forest Service
official having the delegated authority and responsibility to review an
objection filed under this subpart. The reviewing officer is a line
officer at the next higher administrative level above the responsible
official; except that:
    (1) For a plan amendment, that next higher-level line officer may
delegate the reviewing officer authority and responsibility to a line
officer at the same administrative level as the responsible official.
Any plan amendment delegation of reviewing officer responsibilities must
be made prior to the public notification of an objection filing period
(Sec. 219.52).
    (2) For an objection or part of an objection specific to the
identification of species of conservation concern, the regional forester
who identified the species of conservation concern for the plan area may
not be the reviewing officer. The Chief may choose to act as the
reviewing officer or may delegate the reviewing officer authority to a
line officer at the same administrative level as the regional forester.
The reviewing officer for the plan will convey any such objections or
parts thereof to the appropriate line officer.
    (f) Notice of objections filed. Within 10 days after the close of
the objection period, the responsible official shall publish a notice of
all objections in the applicable newspaper of record and post the notice
online.
    (g) Response to objections. The reviewing officer must issue a
written response to the objector(s) concerning their objection(s) within
90 days of the end of the objection-filing period. The reviewing officer
has the discretion to extend the time when it is determined to be
necessary to provide adequate response to objections or to participate
in discussions with the parties. The reviewing officer must notify all
parties (lead objectors and interested persons) in writing of any
extensions.

[[Page 90]]



Sec. 219.57  Resolution of objections.

    (a) Meetings. Prior to the issuance of the reviewing officer's
written response, either the reviewing officer or the objector may
request to meet to discuss issues raised in the objection and potential
resolution. The reviewing officer must allow other interested persons to
participate in such meetings. An interested person must file a request
to participate in an objection within 10 days after publication of the
notice of objection by the responsible official (Sec. 219.56(f)). The
responsible official shall be a participant in all meetings involving
the reviewing officer, objectors, and interested persons. During
meetings with objectors and interested persons, the reviewing officer
may choose to use alternative dispute resolution methods to resolve
objections. All meetings are open to observation by the public.
    (b) Response to objections. (1) The reviewing officer must render a
written response to the objection(s) within 90 days of the close of the
objection-filing period, unless the allowable time is extended as
provided at Sec. 219.56(g). A written response must set forth the
reasons for the response but need not be a point-by-point response, and
may contain instructions to the responsible official. In cases involving
more than one objection to a plan, plan amendment, or plan revision, the
reviewing officer may consolidate objections and issue one or more
responses. The response must be sent to the objecting party(ies) by
certified mail, return receipt requested, and posted online.
    (2) The reviewing officer's review of and response to the
objection(s) is limited to only those issues and concerns submitted in
the objection(s).
    (3) The response of the reviewing officer will be the final decision
of the U.S. Department of Agriculture on the objection.



Sec. 219.58  Timing of a plan, plan amendment, or plan revision
decision.

    (a) The responsible official may not issue a decision document
concerning a plan, plan amendment, or plan revision subject to the
provisions of this subpart until the reviewing officer has responded in
writing to all objections.
    (b) A decision by the responsible official approving a plan, plan
amendment, or plan revision must be consistent with the reviewing
officer's response to objections.
    (c) When no objection is filed within the allotted filing period,
the reviewing officer must notify the responsible official. The
responsible official's approval of the plan, plan amendment, or plan
revision in a plan decision document consistent with Sec. 219.14, may
occur on, but not before, the fifth business day following the end of
the objection-filing period.



Sec. 219.59  Use of other administrative review processes.

    (a) Where the Forest Service is a participant in a multi-federal
agency effort that would otherwise be subject to objection under this
subpart, the responsible official may waive the objection procedures of
this subpart and instead adopt the administrative review procedure of
another participating Federal agency. As a condition of such a waiver,
the responsible official for the Forest Service must have agreement with
the responsible official of the other agency or agencies that a joint
agency response will be provided to those who file for administrative
review of the multi-agency effort. When such an agreement is reached,
the responsible official for the Forest Service shall ensure public
notice required in Sec. 219.52 sets forth which administrative review
procedure is to be used.
    (b) When a plan amendment is approved in a decision document
approving a project or activity and the amendment applies only to the
project or activity, the administrative review process of 36 CFR part
215 or part 218, subpart A, applies instead of the objection process
established in this subpart. When a plan amendment applies to all future
projects or activities, the objection process established in this
subpart applies only to the plan amendment decision; the review process
of 36 CFR part 215 or part 218 would apply to the project or activity
part of the decision.

[[Page 91]]



Sec. 219.60  Secretary's authority.

    Nothing in this subpart restricts the Secretary of Agriculture from
exercising any statutory authority regarding the protection, management,
or administration of NFS lands.



Sec. 219.61  Information collection requirements.

    This subpart specifies the information that objectors must give in
an objection to a plan, plan amendment, or plan revision (Sec.
219.54(c)). As such, this subpart contains information collection
requirements as defined in 5 CFR part 1320 and have been approved by the
Office of Management and Budget and assigned control number 0596-0158.



Sec. 219.62  Definitions.

    Definitions of the special terms used in this subpart are set out as
follows.
    Address. An individual's or entity's current mailing address used
for postal service or other delivery services. An email address is not
sufficient.
    Decision memo. A concise written record of the responsible
official's decision to implement an action that is categorically
excluded from further analysis and documentation in an environmental
impact statement (EIS) or environmental assessment (EA), where the
action is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment, and
does not give rise to extraordinary circumstances in which a normally
excluded action may have a significant environmental effect.
    Environmental assessment (EA). A public document that provides
sufficient evidence and analysis for determining whether to prepare an
EIS or a finding of no significant impact, aids an agency's compliance
with the National Environmental Policy Act (NEPA) when no EIS is
necessary, and facilitates preparation of a statement when one is
necessary (40 CFR 1508.9; FSH 1909.15, Chapter 40).
    Environmental impact statement (EIS). A detailed written statement
as required by section 102(2)(C) of the National Environmental Policy
Act (NEPA) of 1969 (40 CFR 1508.11; 36 CFR 220).
    Formal comments. See substantive formal comments.
    Lead objector. For an objection submitted with multiple individuals,
multiple entities, or combination of individuals and entities listed,
the individual or entity identified to represent all other objectors for
the purposes of communication, written or otherwise, regarding the
objection.
    Line officer. A Forest Service official who serves in a direct line
of command from the Chief.
    Name. The first and last name of an individual or the name of an
entity. An electronic username is insufficient for identification of an
individual or entity.
    National Forest System. The National Forest System includes national
forests, national grasslands, and the National Tallgrass Prairie.
    Newspaper(s) of record. The newspaper(s) of record is (are) the
principal newspaper(s) of general circulation annually identified and
published in the Federal Register by each regional forester to be used
for publishing notices as required by 36 CFR 215.5. The newspaper(s) of
record for projects in a plan area is (are) the newspaper(s) of record
for notices related to planning.
    Objection. The written document filed with a reviewing officer by an
individual or entity seeking pre-decisional administrative review of a
plan, plan amendment, or plan revision.
    Objection period. The allotted filing period following publication
of a public notice in the applicable newspaper of record (or the Federal
Register, if the responsible official is the Chief) of the availability
of the appropriate environmental documents and draft decision document,
including a plan, plan amendment, or plan revision during which an
objection may be filed with the reviewing officer.
    Objection process. Those procedures established for pre-decisional
administrative review of a plan, plan amendment, or plan revision.
    Objector. An individual or entity who meets the requirements of
Sec. 219.53, and files an objection that meets the requirements of
Sec. Sec. 219.54 and 219.56.
    Online. Refers to the appropriate Forest Service Web site or future
electronic equivalent.

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    Responsible official. The official with the authority and
responsibility to oversee the planning process and to approve a plan,
plan amendment, and plan revision.
    Reviewing officer. The USDA or Forest Service official having the
delegated authority and responsibility to review an objection filed
under this subpart.
    Substantive formal comments. Written comments submitted to, or oral
comments recorded by, the responsible official or his designee during an
opportunity for public participation provided during the planning
process (Sec. Sec. 219.4 and 219.16), and attributed to the individual
or entity providing them. Comments are considered substantive when they
are within the scope of the proposal, are specific to the proposal, have
a direct relationship to the proposal, and include supporting reasons
for the responsible official to consider.



PART 220_NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE--Table of
Contents



Sec.
220.1 Purpose and scope.
220.2 Applicability.
220.3 Definitions.
220.4 General requirements.
220.5 Environmental impact statement and record of decision.
220.6 Categorical exclusions.
220.7 Environmental assessment and decision notice.

    Authority: 42 U.S.C. 4321 et seq.; E. O. 11514; 40 CFR parts 1500-
1508; 7 CFR part 1b.

    Source: 73 FR 43093, July 24, 2008, unless otherwise noted.



Sec. 220.1  Purpose and scope.

    (a) Purpose. This part establishes Forest Service, U.S. Department
of Agriculture (USDA) procedures for compliance with the National
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.) and the
Council on Environmental Quality (CEQ) regulations for implementing the
procedural provisions of NEPA (40 CFR parts 1500 through 1508).
    (b) Scope. This part supplements and does not lessen the
applicability of the CEQ regulations, and is to be used in conjunction
with the CEQ regulations and USDA regulations at 7 CFR part 1b.



Sec. 220.2  Applicability.

    This part applies to all organizational elements of the Forest
Service. Consistent with 40 CFR 1500.3, no trivial violation of this
part shall give rise to any independent cause of action.



Sec. 220.3  Definitions.

    The following definitions supplement, by adding to, the terms
defined at 40 CFR parts 1500-1508.
    Adaptive management. A system of management practices based on
clearly identified intended outcomes and monitoring to determine if
management actions are meeting those outcomes; and, if not, to
facilitate management changes that will best ensure that those outcomes
are met or re-evaluated. Adaptive management stems from the recognition
that knowledge about natural resource systems is sometimes uncertain.
    Decision document. A record of decision, decision notice or decision
memo.
    Decision memo. A concise written record of the responsible
official's decision to implement an action categorically excluded from
further analysis and documentation in an environmental impact statement
(EIS) or environmental assessment (EA).
    Decision notice. A concise written record of the responsible
official's decision when an EA and finding of no significant impact
(FONSI) have been prepared.
    Environmentally preferable alternative. The environmentally
preferable alternative is the alternative that will best promote the
national environmental policy as expressed in NEPA's section 101 (42
U.S.C. 4321). Ordinarily, the environmentally preferable alternative is
that which causes the least harm to the biological and physical
environment; it also is the alternative which best protects and
preserves historic, cultural, and natural resources. In some situations,
there may be more than one environmentally preferable alternative.
    Reasonably foreseeable future actions. Those Federal or non-Federal
activities not yet undertaken, for which there are existing decisions,
funding, or

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identified proposals. Identified proposals for Forest Service actions
are described in Sec. 220.4(a)(1).
    Responsible official. The Agency employee who has the authority to
make and implement a decision on a proposed action.
    Schedule of proposed actions (SOPA). A Forest Service document that
informs the public about those proposed and ongoing Forest Service
actions for which a record of decision, decision notice or decision memo
would be or has been prepared. The SOPA also identifies a contact for
additional information on any proposed actions.



Sec. 220.4  General requirements.

    (a) Proposed actions subject to the NEPA requirements. As required
by 42 U.S.C. 4321 et seq., a Forest Service proposal is subject to the
NEPA requirements when all of the following apply:
    (1) The Forest Service has a goal and is actively preparing to make
a decision on one or more alternative means of accomplishing that goal
and the effects can be meaningfully evaluated (see 40 CFR 1508.23);
    (2) The proposed action is subject to Forest Service control and
responsibility (see 40 CFR 1508.18);
    (3) The proposed action would cause effects on the natural and
physical environment and the relationship of people with that
environment (see 40 CFR 1508.14); and
    (4) The proposed action is not statutorily exempt from the
requirements of section 102(2)(C) of the NEPA (42 U.S.C. 4332(2)(C)).
    (b) Emergency responses. When the responsible official determines
that an emergency exists that makes it necessary to take urgently needed
actions before preparing a NEPA analysis and any required documentation
in accordance with the provisions in Sec. Sec. 220.5, 220.6, and 220.7
of this part, then the following provisions apply.
    (1) The responsible official may take actions necessary to control
the immediate impacts of the emergency and are urgently needed to
mitigate harm to life, property, or important natural or cultural
resources. When taking such actions, the responsible official shall take
into account the probable environmental consequences of the emergency
action and mitigate foreseeable adverse environmental effects to the
extent practical.
    (2) If the responsible official proposes emergency actions other
than those actions described in paragraph (b)(1) of this section, and
such actions are not likely to have significant environmental impacts,
the responsible official shall document that determination in an EA and
FONSI prepared in accord with these regulations. If the responsible
official finds that the nature and scope of proposed emergency actions
are such that they must be undertaken prior to preparing any NEPA
analysis and documentation associated with a CE or an EA and FONSI, the
responsible official shall consult with the Washington Office about
alternative arrangements for NEPA compliance. The Chief or Associate
Chief of the Forest Service may grant emergency alternative arrangements
under NEPA for environmental assessments, findings of no significant
impact and categorical exclusions (FSM 1950.41a). Consultation with the
Washington Office shall be coordinated through the appropriate regional
office.
    (3) If the responsible official proposes emergency actions other
than those actions described in paragraph (b)(1) of this section and
such actions are likely to have significant environmental impacts, then
the responsible official shall consult with CEQ, through the appropriate
regional office and the Washington Office, about alternative
arrangements in accordance with CEQ regulations at 40 CFR 1506.11 as
soon as possible.
    (c) Agency decisionmaking. For each Forest Service proposal (Sec.
220.4(a)), the responsible official shall coordinate and integrate NEPA
review and relevant environmental documents with agency decisionmaking
by:
    (1) Completing the environmental document review before making a
decision on the proposal;
    (2) Considering environmental documents, public and agency comments
(if any) on those documents, and agency responses to those comments;
    (3) Including environmental documents, comments, and responses in
the administrative record;

[[Page 94]]

    (4) Considering the alternatives analyzed in environmental
document(s) before rendering a decision on the proposal; and
    (5) Making a decision encompassed within the range of alternatives
analyzed in the environmental documents.
    (d) Schedule of proposed actions (SOPA). The responsible official
shall ensure the SOPA is updated and notify the public of the
availability of the SOPA.
    (e) Scoping (40 CFR 1501.7). (1) Scoping is required for all Forest
Service proposed actions, including those that would appear to be
categorically excluded from further analysis and documentation in an EA
or an EIS (Sec. 220.6).
    (2) Scoping shall be carried out in accordance with the requirements
of 40 CFR 1501.7. Because the nature and complexity of a proposed action
determine the scope and intensity of analysis, no single scoping
technique is required or prescribed.
    (3) The SOPA shall not to be used as the sole scoping mechanism for
a proposed action.
    (f) Cumulative effects considerations of past actions. Cumulative
effects analysis shall be carried out in accordance with 40 CFR 1508.7
and in accordance with ``The Council on Environmental Quality Guidance
Memorandum on Consideration of Past Actions in Cumulative Effects
Analysis'' dated June 24, 2005. The analysis of cumulative effects
begins with consideration of the direct and indirect effects on the
environment that are expected or likely to result from the alternative
proposals for agency action. Agencies then look for present effects of
past actions that are, in the judgment of the agency, relevant and
useful because they have a significant cause-and-effect relationship
with the direct and indirect effects of the proposal for agency action
and its alternatives. CEQ regulations do not require the consideration
of the individual effects of all past actions to determine the present
effects of past actions. Once the agency has identified those present
effects of past actions that warrant consideration, the agency assesses
the extent that the effects of the proposal for agency action or its
alternatives will add to, modify, or mitigate those effects. The final
analysis documents an agency assessment of the cumulative effects of the
actions considered (including past, present, and reasonable foreseeable
future actions) on the affected environment. With respect to past
actions, during the scoping process and subsequent preparation of the
analysis, the agency must determine what information regarding past
actions is useful and relevant to the required analysis of cumulative
effects. Cataloging past actions and specific information about the
direct and indirect effects of their design and implementation could in
some contexts be useful to predict the cumulative effects of the
proposal. The CEQ regulations, however, do not require agencies to
catalogue or exhaustively list and analyze all individual past actions.
Simply because information about past actions may be available or
obtained with reasonable effort does not mean that it is relevant and
necessary to inform decisionmaking. (40 CFR 1508.7)
    (g) Classified information. To the extent practicable, the
responsible official shall segregate any information that has been
classified pursuant to Executive order or statute. The responsible
official shall maintain the confidentiality of such information in a
manner required for the information involved. Such information may not
be included in any publicly disclosed documents. If such material cannot
be reasonably segregated, or if segregation would leave essentially
meaningless material, the responsible official must withhold the entire
analysis document from the public; however, the responsible official
shall otherwise prepare the analysis documentation in accord with
applicable regulations. (40 CFR 1507.3(c))
    (h) Incorporation by reference. Material may be incorporated by
reference into any environmental or decision document. This material
must be reasonably available to the public and its contents briefly
described in the environmental or decision document. (40 CFR 1502.21)
    (i) Applicants. The responsible official shall make policies or
staff available to advise potential applicants of studies

[[Page 95]]

or other information foreseeably required for acceptance of their
applications. Upon acceptance of an application as provided by 36 CFR
251.54(g) the responsible official shall initiate the NEPA process.



Sec. 220.5  Environmental impact statement and record of decision.

    (a) Classes of actions normally requiring environmental impact
statements--(1) Class 1: Proposals to carry out or to approve aerial
application of chemical pesticides on an operational basis. Examples
include but are not limited to:
    (i) Applying chemical insecticides by helicopter on an area infested
with spruce budworm to prevent serious resource loss.
    (ii) Authorizing the application of herbicides by helicopter on a
major utility corridor to control unwanted vegetation.
    (iii) Applying herbicides by fixed-wing aircraft on an area to
release trees from competing vegetation.
    (2) Class 2: Proposals that would substantially alter the
undeveloped character of an inventoried roadless area or a potential
wilderness area. Examples include but are not limited to:
    (i) Constructing roads and harvesting timber in an inventoried
roadless area where the proposed road and harvest units impact a
substantial part of the inventoried roadless area.
    (ii) Constructing or reconstructing water reservoir facilities in a
potential wilderness area where flow regimens may be substantially
altered.
    (iii) Approving a plan of operations for a mine that would cause
considerable surface disturbance in a potential wilderness area.
    (b) Notice of intent. Normally, a notice of intent to prepare an EIS
shall be published in the Federal Register as soon as practicable after
deciding that an EIS will be prepared. Where there is a lengthy period
between the agency's decision to prepare an environmental impact
statement and the time of actual preparation, the notice of intent may
be published at a reasonable time in advance of preparation of the draft
statement. A notice must meet the requirements of 40 CFR 1508.22, and in
addition, include the following:
    (1) Title of the responsible official(s);
    (2) Any permits or licenses required to implement the proposed
action and the issuing authority;
    (3) Lead, joint lead, or cooperating agencies if identified; and
    (4) Address(es) to which comments may be sent.
    (c) Withdrawal notice. A withdrawal notice must be published in the
Federal Register if, after publication of the notice of intent or notice
of availability, an EIS is no longer necessary. A withdrawal notice must
refer to the date and Federal Register page number of the previously
published notice(s).
    (d) Environmental impact statement format and content. The
responsible official may use any EIS format and design as long as the
statement is in accord with 40 CFR 1502.10.
    (e) Alternative(s). The EIS shall document the examination of
reasonable alternatives to the proposed action. An alternative should
meet the purpose and need and address one or more significant issues
related to the proposed action. Since an alternative may be developed to
address more than one significant issue, no specific number of
alternatives is required or prescribed. The following procedures are
available to the responsible official to develop and analyze
alternatives:
    (1) The responsible official may modify the proposed action and
alternative(s) under consideration prior to issuing a draft EIS. In such
cases, the responsible official may consider the incremental changes as
alternatives considered. The documentation of these incremental changes
to a proposed action or alternatives shall be included or incorporated
by reference in accord with 40 CFR 1502.21.
    (2) The proposed action and one or more alternatives to the proposed
action may include adaptive management. An adaptive management proposal
or alternative must clearly identify the adjustment(s) that may be made
when monitoring during project implementation indicates that the action
is not having its intended effect, or is causing unintended and
undesirable effects. The EIS must disclose not only the effect of the
proposed action or alternative but also the effect of the

[[Page 96]]

adjustment. Such proposal or alternative must also describe the
monitoring that would take place to inform the responsible official
during implementation whether the action is having its intended effect.
    (f) Circulating and filing draft and final environmental impact
statements. (1) The draft and final EISs shall be filed with the
Environmental Protection Agency's Office of Federal Activities in
Washington, DC (see 40 CFR 1506.9).
    (2) Requirements at 40 CFR 1506.9 ``Filing requirements,'' 40 CFR
1506.10 ``Timing of agency action,'' and 40 CFR 1502.19 ``Circulation of
the environmental impact statement'' shall only apply to the last draft
and final EIS and not apply to material produced prior to the draft EIS
or between the draft and final EIS which are filed with EPA.
    (3) When the responsible official determines that an extension of
the review period on a draft EIS is appropriate, notice shall be given
in the same manner used for inviting comments on the draft.
    (g) Distribution of the record of decision. The responsible official
shall notify interested or affected parties of the availability of the
record of decision as soon as practical after signing.



Sec. 220.6  Categorical exclusions.

    (a) General. A proposed action may be categorically excluded from
further analysis and documentation in an EIS or EA only if there are no
extraordinary circumstances related to the proposed action and if:
    (1) The proposed action is within one of the categories established
by the Secretary at 7 CFR part 1b.3; or
    (2) The proposed action is within a category listed in Sec.
220.6(d) and (e).
    (b) Resource conditions. (1) Resource conditions that should be
considered in determining whether extraordinary circumstances related to
a proposed action warrant further analysis and documentation in an EA or
an EIS are:
    (i) Federally listed threatened or endangered species or designated
critical habitat, species proposed for Federal listing or proposed
critical habitat, or Forest Service sensitive species;
    (ii) Flood plains, wetlands, or municipal watersheds;
    (iii) Congressionally designated areas, such as wilderness,
wilderness study areas, or national recreation areas;
    (iv) Inventoried roadless area or potential wilderness area;
    (v) Research natural areas;
    (vi) American Indians and Alaska Native religious or cultural sites;
and
    (vii) Archaeological sites, or historic properties or areas.
    (2) The mere presence of one or more of these resource conditions
does not preclude use of a categorical exclusion (CE). It is the
existence of a cause-effect relationship between a proposed action and
the potential effect on these resource conditions, and if such a
relationship exists, the degree of the potential effect of a proposed
action on these resource conditions that determines whether
extraordinary circumstances exist.
    (c) Scoping. If the responsible official determines, based on
scoping, that it is uncertain whether the proposed action may have a
significant effect on the environment, prepare an EA. If the responsible
official determines, based on scoping, that the proposed action may have
a significant environmental effect, prepare an EIS.
    (d) Categories of actions for which a project or case file and
decision memo are not required. A supporting record and a decision memo
are not required, but at the discretion of the responsible official, may
be prepared for the following categories:
    (1) Orders issued pursuant to 36 CFR part 261--Prohibitions to
provide short-term resource protection or to protect public health and
safety. Examples include but are not limited to:
    (i) Closing a road to protect bighorn sheep during lambing season,
and
    (ii) Closing an area during a period of extreme fire danger.
    (2) Rules, regulations, or policies to establish servicewide
administrative procedures, program processes, or instructions. Examples
include but are not limited to:
    (i) Adjusting special use or recreation fees using an existing
formula;
    (ii) Proposing a technical or scientific method or procedure for
screening effects of emissions on air quality related values in Class I
wildernesses;

[[Page 97]]

    (iii) Proposing a policy to defer payments on certain permits or
contracts to reduce the risk of default;
    (iv) Proposing changes in contract terms and conditions or terms and
conditions of special use authorizations;
    (v) Establishing a servicewide process for responding to offers to
exchange land and for agreeing on land values; and
    (vi) Establishing procedures for amending or revising forest land
and resource management plans.
    (3) Repair and maintenance of administrative sites. Examples include
but are not limited to:
    (i) Mowing lawns at a district office;
    (ii) Replacing a roof or storage shed;
    (iii) Painting a building; and
    (iv) Applying registered pesticides for rodent or vegetation
control.
    (4) Repair and maintenance of roads, trails, and landline
boundaries. Examples include but are not limited to:
    (i) Authorizing a user to grade, resurface, and clean the culverts
of an established NFS road;
    (ii) Grading a road and clearing the roadside of brush without the
use of herbicides;
    (iii) Resurfacing a road to its original condition;
    (iv) Pruning vegetation and cleaning culverts along a trail and
grooming the surface of the trail; and
    (v) Surveying, painting, and posting landline boundaries.
    (5) Repair and maintenance of recreation sites and facilities.
Examples include but are not limited to:
    (i) Applying registered herbicides to control poison ivy on infested
sites in a campground;
    (ii) Applying registered insecticides by compressed air sprayer to
control insects at a recreation site complex;
    (iii) Repaving a parking lot; and
    (iv) Applying registered pesticides for rodent or vegetation
control.
    (6) Acquisition of land or interest in land. Examples include but
are not limited to:
    (i) Accepting the donation of lands or interests in land to the NFS,
and
    (ii) Purchasing fee, conservation easement, reserved interest deed,
or other interests in lands.
    (7) Sale or exchange of land or interest in land and resources where
resulting land uses remain essentially the same. Examples include but
are not limited to:
    (i) Selling or exchanging land pursuant to the Small Tracts Act;
    (ii) Exchanging NFS lands or interests with a State agency, local
government, or other non-Federal party (individual or organization) with
similar resource management objectives and practices;
    (iii) Authorizing the Bureau of Land Management to issue leases on
producing wells when mineral rights revert to the United States from
private ownership and there is no change in activity; and
    (iv) Exchange of administrative sites involving other than NFS
lands.
    (8) Approval, modification, or continuation of minor, short-term (1
year or less) special uses of NFS lands. Examples include, but are not
limited to:
    (i) Approving, on an annual basis, the intermittent use and
occupancy by a State-licensed outfitter or guide;
    (ii) Approving the use of NFS land for apiaries; and
    (iii) Approving the gathering of forest products for personal use.
    (9) Issuance of a new permit for up to the maximum tenure allowable
under the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)
for an existing ski area when such issuance is a purely ministerial
action to account for administrative changes, such as a change in
ownership of ski area improvements, expiration of the current permit, or
a change in the statutory authority applicable to the current permit.
Examples include, but are not limited to:
    (i) Issuing a permit to a new owner of ski area improvements within
an existing ski area with no changes to the master development plan,
including no changes to the facilities or activities for that ski area;
    (ii) Upon expiration of a ski area permit, issuing a new permit to
the holder of the previous permit where the holder is not requesting any
changes to the master development plan, including changes to the
facilities or activities; and
    (iii) Issuing a new permit under the National Forest Ski Area Permit
Act of 1986 to the holder of a permit issued

[[Page 98]]

under the Term Permit and Organic Acts, where there are no changes in
the type or scope of activities authorized and no other changes in the
master development plan.
    (10) Amendment to or replacement of an existing special use
authorization that involves only administrative changes and does not
involve changes in the authorized facilities or increase in the scope or
intensity of authorized activities, or extensions to the term of
authorization, when the applicant or holder is in full compliance with
the terms and conditions of the special use authorization. Examples
include, but are not limited to:
    (i) Amending a special use authorization to reflect administrative
changes such as adjustment to the land use fees, inclusion of non-
discretionary environmental standards or updating a special use
authorization to bring it into conformance with current laws or
regulations (for example, new monitoring required by water quality
standards), and
    (ii) Issuance of a new special use authorization to reflect
administrative changes such as, a change of ownership or control of
previously authorized facilities or activities, or conversion of the
existing special use authorization to a new type of special use
authorization (for example, converting a permit to a lease or easement).
    (e) Categories of actions for which a project or case file and
decision memo are required. A supporting record is required and the
decision to proceed must be documented in a decision memo for the
categories of action in paragraphs (e)(1) through (17) of this section.
As a minimum, the project or case file should include any records
prepared, such as: The names of interested and affected people, groups,
and agencies contacted; the determination that no extraordinary
circumstances exist; a copy of the decision memo; and a list of the
people notified of the decision. If the proposed action is approval of a
land management plan, plan amendment, or plan revision, the plan
approval document required by 36 CFR part 219 satisfies the decision
memo requirements of this section.
    (1) Construction and reconstruction of trails. Examples include, but
are not limited to:
    (i) Constructing or reconstructing a trail to a scenic overlook, and
    (ii) Reconstructing an existing trail to allow use by handicapped
individuals.
    (2) Additional construction or reconstruction of existing telephone
or utility lines in a designated corridor. Examples include, but are not
limited to:
    (i) Replacing an underground cable trunk and adding additional phone
lines, and
    (ii) Reconstructing a power line by replacing poles and wires.
    (3) Approval, modification, or continuation of minor special uses of
NFS lands that require less than five contiguous acres of land. Examples
include, but are not limited to:
    (i) Approving the construction of a meteorological sampling site;
    (ii) Approving the use of land for a one-time group event;
    (iii) Approving the construction of temporary facilities for filming
of staged or natural events or studies of natural or cultural history;
    (iv) Approving the use of land for a 40-foot utility corridor that
crosses one mile of a national forest;
    (v) Approving the installation of a driveway, mailbox, or other
facilities incidental to use of a residence;
    (vi) Approving an additional telecommunication use at a site already
used for such purposes;
    (vii) Approving the removal of mineral materials from an existing
community pit or common-use area; and
    (viii) Approving the continued use of land where such use has not
changed since authorized and no change in the physical environment or
facilities are proposed.
    (4) [Reserved]
    (5) Regeneration of an area to native tree species, including site
preparation that does not involve the use of herbicides or result in
vegetation type conversion. Examples include, but are not limited to:
    (i) Planting seedlings of superior trees in a progeny test site to
evaluate genetic worth, and

[[Page 99]]

    (ii) Planting trees or mechanical seed dispersal of native tree
species following a fire, flood, or landslide.
    (6) Timber stand and/or wildlife habitat improvement activities that
do not include the use of herbicides or do not require more than 1 mile
of low standard road construction. Examples include, but are not limited
to:
    (i) Girdling trees to create snags;
    (ii) Thinning or brush control to improve growth or to reduce fire
hazard including the opening of an existing road to a dense timber
stand;
    (iii) Prescribed burning to control understory hardwoods in stands
of southern pine; and
    (iv) Prescribed burning to reduce natural fuel build-up and improve
plant vigor.
    (7) Modification or maintenance of stream or lake aquatic habitat
improvement structures using native materials or normal practices.
Examples include, but are not limited to:
    (i) Reconstructing a gabion with stone from a nearby source;
    (ii) Adding brush to lake fish beds; and
    (iii) Cleaning and resurfacing a fish ladder at a hydroelectric dam.
    (8) Short-term (1 year or less) mineral, energy, or geophysical
investigations and their incidental support activities that may require
cross-country travel by vehicles and equipment, construction of less
than 1 mile of low standard road, or use and minor repair of existing
roads. Examples include, but are not limited to:
    (i) Authorizing geophysical investigations which use existing roads
that may require incidental repair to reach sites for drilling core
holes, temperature gradient holes, or seismic shot holes;
    (ii) Gathering geophysical data using shot hole, vibroseis, or
surface charge methods;
    (iii) Trenching to obtain evidence of mineralization;
    (iv) Clearing vegetation for sight paths or from areas used for
investigation or support facilities;
    (v) Redesigning or rearranging surface facilities within an approved
site;
    (vi) Approving interim and final site restoration measures; and
    (vii) Approving a plan for exploration which authorizes repair of an
existing road and the construction of \1/3\ mile of temporary road;
clearing vegetation from an acre of land for trenches, drill pads, or
support facilities.
    (9) Implementation or modification of minor management practices to
improve allotment condition or animal distribution when an allotment
management plan is not yet in place. Examples include, but are not
limited to:
    (i) Rebuilding a fence to improve animal distribution;
    (ii) Adding a stock watering facility to an existing water line; and
    (iii) Spot seeding native species of grass or applying lime to
maintain forage condition.
    (10) Hazardous fuels reduction activities using prescribed fire, not
to exceed 4,500 acres; and mechanical methods for crushing, piling,
thinning, pruning, cutting, chipping, mulching, and mowing, not to
exceed 1,000 acres. Such activities:
    (i) Shall be limited to areas:
    (A) In the wildland-urban interface; or
    (B) Condition Classes 2 or 3 in Fire Regime Groups I, II, or III,
outside the wildland-urban interface.
    (ii) Shall be identified through a collaborative framework as
described in ``A Collaborative Approach for Reducing Wildland Fire Risks
to Communities and Environment 10-Year Comprehensive Strategy
Implementation Plan'';
    (iii) Shall be conducted consistent with Agency and Departmental
procedures and applicable land and resource management plans;
    (iv) Shall not be conducted in wilderness areas or impair the
suitability of wilderness study areas for preservation as wilderness;
and
    (v) Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure; and may include the sale of vegetative material if the
primary purpose of the activity is hazardous fuels reduction.
    (11) Post-fire rehabilitation activities, not to exceed 4,200 acres
(such as

[[Page 100]]

tree planting, fence replacement, habitat restoration, heritage site
restoration, repair of roads and trails, and repair of damage to minor
facilities such as campgrounds), to repair or improve lands unlikely to
recover to a management approved condition from wildland fire damage, or
to repair or replace minor facilities damaged by fire. Such activities:
    (i) Shall be conducted consistent with Agency and Departmental
procedures and applicable land and resource management plans;
    (ii) Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure; and
    (iii) Shall be completed within 3 years following a wildland fire.
    (12) Harvest of live trees not to exceed 70 acres, requiring no more
than \1/2\ mile of temporary road construction. Do not use this category
for even-aged regeneration harvest or vegetation type conversion. The
proposed action may include incidental removal of trees for landings,
skid trails, and road clearing. Examples include, but are not limited
to:
    (i) Removal of individual trees for sawlogs, specialty products, or
fuelwood, and
    (ii) Commercial thinning of overstocked stands to achieve the
desired stocking level to increase health and vigor.
    (13) Salvage of dead and/or dying trees not to exceed 250 acres,
requiring no more than \1/2\ mile of temporary road construction. The
proposed action may include incidental removal of live or dead trees for
landings, skid trails, and road clearing. Examples include, but are not
limited to:
    (i) Harvest of a portion of a stand damaged by a wind or ice event
and construction of a short temporary road to access the damaged trees,
and
    (ii) Harvest of fire-damaged trees.
    (14) Commercial and non-commercial sanitation harvest of trees to
control insects or disease not to exceed 250 acres, requiring no more
than \1/2\ mile of temporary road construction, including removal of
infested/infected trees and adjacent live uninfested/uninfected trees as
determined necessary to control the spread of insects or disease. The
proposed action may include incidental removal of live or dead trees for
landings, skid trails, and road clearing. Examples include, but are not
limited to:
    (i) Felling and harvest of trees infested with southern pine beetles
and immediately adjacent uninfested trees to control expanding spot
infestations, and
    (ii) Removal and/or destruction of infested trees affected by a new
exotic insect or disease, such as emerald ash borer, Asian long horned
beetle, and sudden oak death pathogen.
    (15) Issuance of a new special use authorization for a new term to
replace an existing or expired special use authorization when the only
changes are administrative, there are not changes to the authorized
facilities or increases in the scope or intensity of authorized
activities, and the applicant or holder is in full compliance with the
terms and conditions of the special use authorization.
    (16) Land management plans, plan amendments, and plan revisions
developed in accordance with 36 CFR part 219 et seq. that provide broad
guidance and information for project and activity decisionmaking in a
NFS unit. Proposals for actions that approve projects and activities, or
that command anyone to refrain from undertaking projects and activities,
or that grant, withhold or modify contracts, permits or other formal
legal instruments, are outside the scope of this category and shall be
considered separately under Forest Service NEPA procedures.
    (17) Approval of a Surface Use Plan of Operations for oil and
natural gas exploration and initial development activities, associated
with or adjacent to a new oil and/or gas field or area, so long as the
approval will not authorize activities in excess of any of the
following:
    (i) One mile of new road construction;
    (ii) One mile of road reconstruction;
    (iii) Three miles of individual or co-located pipelines and/or
utilities disturbance; or
    (iv) Four drill sites.
    (18) Restoring wetlands, streams, riparian areas or other water
bodies by removing, replacing, or modifying

[[Page 101]]

water control structures such as, but not limited to, dams, levees,
dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and
fencing, to allow waters to flow into natural channels and floodplains
and restore natural flow regimes to the extent practicable where valid
existing rights or special use authorizations are not unilaterally
altered or canceled. Examples include but are not limited to:
    (i) Repairing an existing water control structure that is no longer
functioning properly with minimal dredging, excavation, or placement of
fill, and does not involve releasing hazardous substances;
    (ii) Installing a newly-designed structure that replaces an existing
culvert to improve aquatic organism passage and prevent resource and
property damage where the road or trail maintenance level does not
change;
    (iii) Removing a culvert and installing a bridge to improve aquatic
and/or terrestrial organism passage or prevent resource or property
damage where the road or trail maintenance level does not change; and
    (iv) Removing a small earthen and rock fill dam with a low hazard
potential classification that is no longer needed.
    (19) Removing and/or relocating debris and sediment following
disturbance events (such as floods, hurricanes, tornados, mechanical/
engineering failures, etc.) to restore uplands, wetlands, or riparian
systems to pre-disturbance conditions, to the extent practicable, such
that site conditions will not impede or negatively alter natural
processes. Examples include but are not limited to:
    (i) Removing an unstable debris jam on a river following a flood
event and relocating it back in the floodplain and stream channel to
restore water flow and local bank stability;
    (ii) Clean-up and removal of infrastructure flood debris, such as,
benches, tables, outhouses, concrete, culverts, and asphalt following a
hurricane from a stream reach and adjacent wetland area; and
    (iii) Stabilizing stream banks and associated stabilization
structures to reduce erosion through bioengineering techniques following
a flood event, including the use of living and nonliving plant materials
in combination with natural and synthetic support materials, such as
rocks, riprap, geo-textiles, for slope stabilization, erosion reduction,
and vegetative establishment and establishment of appropriate plant
communities (bank shaping and planting, brush mattresses, log, root wad,
and boulder stabilization methods).
    (20) Activities that restore, rehabilitate, or stabilize lands
occupied by roads and trails, excluding National Forest System Roads and
National Forest System Trails, to a more natural condition that may
include removing, replacing, or modifying drainage structures and
ditches, reestablishing vegetation, reshaping natural contours and
slopes, reestablishing drainage-ways, or other activities that would
restore site productivity and reduce environmental impacts. Examples
include but are not limited to:
    (i) Decommissioning a road that is no longer a National Forest
System Road to a more natural state by restoring natural contours and
removing construction fills, loosening compacted soils, revegetating the
roadbed and removing ditches and culverts to reestablish natural
drainage patterns; (ii) Restoring an unauthorized trail to a natural
state by reestablishing natural drainage patterns, stabilizing slopes,
reestablishing vegetation, and installing water bars; and
    (ii) Installing boulders, logs, and berms on an unauthorized road
segment to promote naturally regenerated grass, shrub, and tree growth.
    (f) Decision memos. The responsible official shall notify interested
or affected parties of the availability of the decision memo as soon as
practical after signing. While sections may be combined or rearranged in
the interest of clarity and brevity, decision memos must include the
following content:
    (1) A heading, which must identify:
    (i) Title of document: Decision Memo;
    (ii) Agency and administrative unit;
    (iii) Title of the proposed action; and
    (iv) Location of the proposed action, including administrative unit,
county, and State.

[[Page 102]]

    (2) Decision to be implemented and the reasons for categorically
excluding the proposed action including:
    (i) The category of the proposed action;
    (ii) The rationale for using the category and, if more than one
category could have been used, why the specific category was chosen;
    (iii) A finding that no extraordinary circumstances exist;
    (3) Any interested and affected agencies, organizations, and persons
contacted;
    (4) Findings required by other laws such as, but not limited to
findings of consistency with the forest land and resource management
plan as required by the National Forest Management Act; or a public
interest determination (36 CFR 254.3(c));
    (5) The date when the responsible official intends to implement the
decision and any conditions related to implementation;
    (6) Whether the decision is subject to review or appeal, the
applicable regulations, and when and where to file a request for review
or appeal;
    (7) Name, address, and phone number of a contact person who can
supply further information about the decision; and
    (8) The responsible official's signature and date when the decision
is made.

[73 FR 43093, July 24, 2008, as amended at 78 FR 56163, Sept. 12, 2013]



Sec. 220.7  Environmental assessment and decision notice.

    (a) Environmental assessment. An environmental assessment (EA) shall
be prepared for proposals as described in Sec. 220.4(a) that are not
categorically excluded from documentation (Sec. 220.6) and for which
the need of an EIS has not been determined (Sec. 220.5). An EA may be
prepared in any format useful to facilitate planning, decisionmaking,
and public disclosure as long as the requirements of paragraph (b) of
this section are met. The EA may incorporate by reference information
that is reasonably available to the public.
    (b) An EA must include the following:
    (1) Need for the proposal. The EA must briefly describe the need for
the project.
    (2) Proposed action and alternative(s). The EA shall briefly
describe the proposed action and alternative(s) that meet the need for
action. No specific number of alternatives is required or prescribed.
    (i) When there are no unresolved conflicts concerning alternative
uses of available resources (NEPA, section 102(2)(E)), the EA need only
analyze the proposed action and proceed without consideration of
additional alternatives.
    (ii) The EA may document consideration of a no-action alternative
through the effects analysis by contrasting the impacts of the proposed
action and any alternative(s) with the current condition and expected
future condition if the proposed action were not implemented.
    (iii) The description of the proposal and alternative(s) may include
a brief description of modifications and incremental design features
developed through the analysis process to develop the alternatives
considered. The documentation of these incremental changes to a proposed
action or alternatives may be incorporated by reference in accord with
40 CFR 1502.21.
    (iv) The proposed action and one or more alternatives to the
proposed action may include adaptive management. An adaptive management
proposal or alternative must clearly identify the adjustment(s) that may
be made when monitoring during project implementation indicates that the
action is not having its intended effect, or is causing unintended and
undesirable effects. The EA must disclose not only the effect of the
proposed action or alternative but also the effect of the adjustment.
Such proposal or alternative must also describe the monitoring that
would take place to inform the responsible official whether the action
is having its intended effect.
    (3) Environmental Impacts of the Proposed Action and Alternative(s).
The EA:
    (i) Shall briefly provide sufficient evidence and analysis,
including the environmental impacts of the proposed action and
alternative(s), to determine whether to prepare either an EIS or a FONSI
(40 CFR 1508.9);

[[Page 103]]

    (ii) Shall disclose the environmental effects of any adaptive
management adjustments;
    (iii) Shall describe the impacts of the proposed action and any
alternatives in terms of context and intensity as described in the
definition of ``significantly'' at 40 CFR 1508.27;
    (iv) May discuss the direct, indirect, and cumulative impact(s) of
the proposed action and any alternatives together in a comparative
description or describe the impacts of each alternative separately; and
    (v) May incorporate by reference data, inventories, other
information and analyses.
    (4) Agencies and Persons Consulted.
    (c) Decision notice. If an EA and FONSI have been prepared, the
responsible official must document a decision to proceed with an action
in a decision notice unless law or regulation requires another form of
decision documentation (40 CFR 1508.13). A decision notice must document
the conclusions drawn and the decision(s) made based on the supporting
record, including the EA and FONSI. A decision notice must include:
    (1) A heading, which identifies the:
    (i) Title of document;
    (ii) Agency and administrative unit;
    (iii) Title of the project; and
    (iv) Location of the action, including county and State.
    (2) Decision and rationale;
    (3) Brief summary of public involvement;
    (4) A statement incorporating by reference the EA and FONSI if not
combined with the decision notice;
    (5) Findings required by other laws and regulations applicable to
the decision at the time of decision;
    (6) Expected implementation date;
    (7) Administrative review or appeal opportunities and, when such
opportunities exist, a citation to the applicable regulations and
directions on when and where to file a request for review or an appeal;
    (8) Contact information, including the name, address, and phone
number of a contact person who can supply additional information; and
    (9) Responsible Official's signature, and the date the notice is
signed.
    (d) Notification. The responsible official shall notify interested
and affected parties of the availability of the EA, FONSI and decision
notice, as soon as practicable after the decision notice is signed.



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.
    (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;

[[Page 104]]

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_Mediation of Term Grazing Permit Disputes

222.20 Decisions subject to mediation.
222.21 Parties.
222.22 Stay of appeal.
222.23 Confidentiality.
222.24 Records.
222.25 Costs.
222.26 Ex parte communications.

                         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.

       Subpart D_Management of Wild Free-Roaming Horses and Burros

222.60 Authority and definitions.
222.61 Administration of wild free-roaming horses and burros and their
          environment.
222.62 Ownership claims.
222.63 Removal of other horses and burros.
222.64 Use of helicopters, fixed-wing aircraft and motor vehicles.
222.65 Protection of wild free-roaming horses and burros when they are
          upon other than the National Forest System or public lands.
222.66 Removal of wild free-roaming horses and burros from private
          lands.
222.67 Maintenance of wild free-roaming horses and burros on privately-
          owned lands.
222.68 Agreements.
222.69 Relocation and disposal of animals.
222.70 Disposal of carcasses.
222.71 Loss of status.
222.72 Use of non-Forest Service personnel.
222.73 Management coordination.
222.74 National Advisory Board.
222.75 Studies.
222.76 Arrest.

    Authority: 7 U.S.C. 1010-1012, 5101-5106; 16 U.S.C. 551, 572, 5801;
31 U.S.C. 9701; 43 U.S.C. 1751, 1752, 1901; E.O. 12548 (51 FR 5985).



    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
    (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

[[Page 105]]

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.
    (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

[[Page 106]]

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 this paragraph may
be in the form of private land or on-and-off grazing permits where the
person is qualified to

[[Page 107]]

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 such National Forest System lands to
support such animals.
    (E) Free permits to campers and travelers for the livestock actually

[[Page 108]]

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,
administration 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 revegetation 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 interest in
authorized permanent improvements placed or constructed by him on the
lands covered by the canceled permit. The adjusted value is to

[[Page 109]]

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 110]]



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 grazing permittees who will be affected

[[Page 111]]

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 112]]

    (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_Mediation of Term Grazing Permit Disputes

    Authority: 7 U.S.C. 5101-5106; 16 U.S.C. 472, 551.

    Source: 78 FR 33723, June 5, 2013, unless otherwise noted.



Sec. 222.20  Decisions subject to mediation.

    The holder of a term grazing permit issued in a State with a
mediation program certified by the U.S. Department of Agriculture may
request mediation of a dispute relating to a decision to suspend or
cancel the permit as authorized by 36 CFR 222.4(a)(2)(i), (ii), (iv),
and (v) and (a)(3) through (6). Any request for mediation must be
included in an appeal of the decision to suspend or cancel the permit
filed in accordance with 36 CFR part 214.



Sec. 222.21  Parties.

    Only the following may be parties to mediation of a term grazing
permit dispute:
    (a) A mediator authorized to mediate under a State mediation program
certified by the U.S. Department of Agriculture;
    (b) The Chief, Forest Service, or other Forest Service employee who
made the decision being mediated or his or her designee;
    (c) The holder whose term grazing permit is the subject of the
decision and who has requested mediation in an appeal filed in
accordance with the procedures at 36 CFR part 214;
    (d) That holder's creditors, if applicable; and
    (e) Legal counsel, if retained. The Forest Service will have legal
representation in the mediation only if the holder has legal
representation in the mediation.



Sec. 222.22  Stay of appeal.

    If an appellant requests mediation of a decision subject to
mediation under Sec. 222.20 in an appeal filed under 36 CFR part 214,
the Appeal Deciding Officer shall immediately notify all parties to the
appeal that all appeal deadlines are automatically stayed for 45 days to
allow for mediation. If a mediated agreement is not reached in 45 days,
the Appeal Deciding Officer may extend the automatic stay for another 15
days if there is a reasonable possibility that a mediated agreement can
be achieved within that timeframe. If an agreement is not achieved at
the end of the 45- or 60-day mediation process, the Appeal Deciding
Officer shall immediately notify all parties to the appeal that
mediation was unsuccessful, that the stay has expired, and that the time
periods and procedures applicable to an appeal under 36 CFR part 214 are
reinstated.



Sec. 222.23  Confidentiality.

    Mediation sessions and dispute resolution communications as defined
in 5 U.S.C. 571(5) shall be confidential. Any mediation agreement signed
by a Forest Service official and the holder of a term grazing permit is
subject to public disclosure.



Sec. 222.24  Records.

    Notes taken or factual material shared during mediation sessions
shall not be included in the appeal record prepared in accordance with
the procedures at 36 CFR part 214.

[[Page 113]]



Sec. 222.25  Costs.

    The Forest Service shall cover only those costs incurred by its own
employees in mediation sessions.



Sec. 222.26  Ex parte communications.

    The Chief of the Forest Service or other Forest Service employee who
made the decision being mediated, or his or her designee, shall not
discuss mediation with the Appeal Deciding Officer, except to request an
extension of time or to communicate the results of mediation.



                         Subpart C_Grazing Fees

    Authority: 16 U.S.C. 551; 31 U.S.C. 9701; 43 U.S.C. 1751, 1752,
1901; E.O. 12548 (51 FR 5985).



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

[[Page 114]]

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 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

[[Page 115]]

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 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

[[Page 116]]

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 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

[[Page 117]]

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 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]



       Subpart D_Management of Wild Free-Roaming Horses and Burros

    Authority: 7 U.S.C. 1011; 16 U.S.C. 551, 1331-1340; 43 U.S.C. 1901
note.

    Source: 45 FR 24135, Apr. 9, 1980, redesignated at 78 FR 33723, June
5, 2013, unless otherwise noted.



Sec. 222.60  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

[[Page 118]]

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.
    (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. 222.61  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

[[Page 119]]

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
    (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. 222.62  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.

[[Page 120]]



Sec. 222.63  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. 222.64  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.
    (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

[[Page 121]]

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. 222.65  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. 222.66  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. 222.67  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 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. 222.68  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. 222.69  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

[[Page 122]]

    (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 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. 222.70  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. 222.71  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. 222.72  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. 222.73  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.

[[Page 123]]



Sec. 222.74  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. 222.75  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. 222.76  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.



PART 223_SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER, SPECIAL
FOREST PRODUCTS, AND FOREST BOTANICAL PRODUCTS--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.
223.49 Downpayments.
223.50 Periodic payments.
223.51 Bid monitoring.
223.52 Market-related contract term additions.
223.53 Urgent removal contract extensions.

                          Appraisal and Pricing

223.60 Determining fair market value.
223.61 Establishing minimum stumpage rates.

[[Page 124]]

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 specified road
          construction.
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 recomputation decisions.

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

                    Subpart G_Special Forest Products

223.215 Applicability.
223.216 Special Forest Products definitions.
223.217 Authority to dispose of special forest products.
223.218 Consistency with plans, environmental standards, and other
          management requirements.

[[Page 125]]

223.219 Sustainable harvest of special forest products.
223.220 Quantity determination.

                          Appraisal and Pricing

223.221 Establishing minimum rates.
223.222 Appraisal.

              Contract and Permit Conditions and Provisions

223.223 Advance payment.
223.224 Performance bonds and security.
223.225 Term.
223.226 Term adjustment for force majeure delay.

                         Advertisement and Bids

223.227 Sale advertisement.
223.228 Contents of advertisement.
223.229 Contents of prospectus.
223.230 Bid restriction on resale of incomplete contracts, permits, or
          other instruments.
223.231 Bidding methods.
223.232 Disclosure of relation to other bidders.

      Award of Contracts, Permits, or Other Authorizing Instruments

223.233 Award to highest bidder.
223.234 Determination of responsibility.
223.235 Unilateral delay, suspension, or modification of contracts,
          permits, or other instruments authorizing the sale of special
          forest products.
223.236 Unilateral termination.
223.237 Request for delay, suspension, modification, or termination.
223.238 Free use authorization to U.S. Army and Navy.
223.239 Free use by individuals.
223.240 Tribes and treaty and other reserved rights.
223.241 Disposal of seized special forest products.
223.242 Supplemental guidance, memorandums of agreement, and memorandums
          of understanding.

                   Subpart H_Forest Botanical Products

223.275 Establishment of a pilot program.
223.276 Applicability.
223.277 Forest botanical products definition.
223.278 Sale of forest botanical products and collection of fees.
223.279 Personal use.
223.280 Waiver of fees and/or fair market value.
223.281 Monitoring and revising sustainable harvest levels.
223.282 Deposit and expenditure of collected fees.

    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.

    Effective Date Note: At 73 FR 79386, Dec. 29, 2008, the authority
citation to part 223 was revised, effective Jan. 28, 2009. At 74 FR
5107, Jan. 29, 2009, the amendment was delayed until Mar. 30, 2009. At
74 FR 14049, Mar. 30, 2009, the amendment was further delayed until May
29, 2009. At 74 FR 26091, June 1, 2009, the amendment was delayed
indefinitely. For the convenience of the user, the revised text is set
forth as follows:
    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, 113 Stat. 1501a, 16 U.S.C.
528 note; unless otherwise noted.

    Source: 42 FR 28252, June 2, 1977, unless otherwise noted.
Redesignated at 49 FR 2760, 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.

[[Page 126]]

    (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 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 $200 in value in any
one fiscal year. Supervisors may grant permits for material not
exceeding $5,000 in value. Regional Foresters may approve permits for
larger amounts, and in times of emergency may delegate authority to
supervisors for not over $10,000 in value. Prior review by the Chief of
the Forest Service will be given if the amount involved exceeds $10,000
in value.
    (b) Regional Foresters may authorize supervisors to permit the
removal of

[[Page 127]]

specific classes of material without scaling or measurement.

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



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 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 destroy trees without
advertisement.

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

[[Page 128]]

    (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 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

[[Page 129]]

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 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

[[Page 130]]

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 costs of $50,000 or more shall include
a provision to ensure that if the purchaser elects government road
construction, the purchaser shall pay, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads.

[71 FR 11510, Mar. 8, 2006]



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 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]

[[Page 131]]



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 Sec. Sec. 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.
    (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:

[[Page 132]]

    (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  Downpayments.

    (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) Bid premium is the amount in excess of the advertised value that
a purchaser bids for timber offered.
    (3) 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.
    (4) 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
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 at the time a timber sale
contract is executed, except that a downpayment is not required for
stewardship contracts unless the contracting officer determines that a
downpayment is needed to ensure the government's financial security.
    (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. The amount of the downpayment
shall be redetermined when contract rates for timber are redetermined
under the terms of the contract for environmental modification;
catastrophic damage; market change; or an emergency rate
redetermination. For the purpose of recalculating the minimum
downpayment, total advertised value shall be replaced with total
redetermined value.
    (d) A purchaser cannot apply the amount deposited as a downpayment
to cover other obligations due on that sale until:
    (1) On scaled sales, stumpage value representing 25 percent of the
total bid value of the sale has been charged and paid for, or the
estimated value of unscaled timber is equal to or less than the amount
of the downpayment; or
    (2) On tree measurement sales, 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, or the
estimated value of timber remaining to be cut, removed and paid for as
shown on the timber sale statement of account is equal to or less than
the amount of the downpayment. On lump sum sales, the downpayment amount
may be applied to payment for release of the single payment unit.

[[Page 133]]

    (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 and is notified 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) of this
section and the limitations of paragraph (h) of this section 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. The amount of the downpayment shall be
redetermined in accordance with this paragraph when contract rates for
timber are redetermined under the terms of the contract for
environmental modification; catastrophic damage; market change; or an
emergency rate redetermination. For the purpose of redetermining the
downpayment, total advertised value shall be replaced with total
redetermined value.
    (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 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 (i.e., 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 the 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 and/or preclude
temporary reduction of the downpayment under paragraphs (k)(2) and
(k)(3) of this section for future contracts subject to such criteria as
the Chief may adopt after giving the public notice and opportunity to
comment.

[[Page 134]]

    (k) The Forest Service may temporarily reduce the downpayment when a
purchaser's scheduled operations are delayed, interrupted, or extended
for 30 or more consecutive days for any of the following reasons:
    (1) Forest Service requests or orders purchaser to delay or
interrupt operations for reasons other than breach;
    (2) A contract term addition pursuant to purchaser shifting
operations to a sale designated by the Forest Service as in urgent need
of harvesting; or
    (3) An extension of the contract term authorized upon a
determination of substantial overriding public interest, including a
market-related contract term addition, or an urgent removal contract
term extension under 36 CFR 223.53.
    (l) When purchaser is not cutting or removing timber under contract
during a qualifying period of delay, interruption, or extension listed
in paragraph (k) of this section, the downpayment may be reduced to
$1000 or 2 percent of the downpayment amount stated in the contract,
whichever is greater. The purchaser must restore the downpayment to the
full amount stated in the contract within 15 days from receipt of the
bill for collection and written notice from the contracting officer that
the basis for temporarily reducing the downpayment no longer exists.
Purchaser shall not cut or remove timber on a contract where the
downpayment has been temporarily reduced until the downpayment amount
stated in the contract is fully restored.

[74 FR 40743, Aug. 13, 2009]



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.
    (3) Notwithstanding this paragraph (b), periodic payments are not
required

[[Page 135]]

for stewardship contracts unless the contracting officer determines that
periodic payments are needed to ensure the Government's financial
security.
    (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) Dates for determining future periodic payments shall be adjusted
as follows:
    (1) When contract term adjustments are granted under Sec. 223.46,
    (2) When market-related contract term additions are granted under
Sec. 223.52,
    (3) When urgent removal extensions are granted under Sec. 223.53,
or
    (4) When extensions in the substantial overriding public interest
are granted under Sec. 223.115(b). Periodic payment determination dates
shall not be adjusted when a contract term extension is granted under
the general authority of Sec. 223.115(a).
    (f) The amount of any periodic payment(s) not yet reached shall be
revised when rates are redetermined under the contract. The revised
periodic payment amounts shall be based on a recalculated total contract
value using the same procedures described in (c) and (d) of this
section. The recalculated total contract value is the current contract
value following the rate redetermination plus:
    (1) The total value of timber scaled prior to establishing
redetermined rates in a scaled sale; or
    (2) The total value of timber shown on the timber sale statement of
account as having been cut, removed and paid for.

[56 FR 36104, July 31, 1991, as amended at 56 FR 55822, Oct. 30, 1991;
67 FR 70169, Nov. 21, 2002; 74 FR 40744, Aug. 13, 2009]



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 service wide 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.
If none of the indices in paragraph (b) of this section represent more
than one-half of the advertised volume, the index specified shall
represent the species product combination representing the highest
percentage of volume for which there is an index. When the Forest
Supervisor determines that the species and potential product
characteristics are such that

[[Page 136]]

more than one index could be used, the prospectus will state that the
Contracting Officer may, upon the purchaser's written request, select an
alternative index from paragraph (b) of this section, and may modify the
contract by mutual agreement, at time of contract execution, to include
an alternative index that the Contracting Officer has determined
represents the highest percentage of products the purchaser intends to
produce or have produced from the sale. Purchasers seeking a change of
index at time of award must substantiate the need for an alternative
index by providing the Contracting Officer with a written request that
includes a list of products by volume the purchaser intends to produce
or expects will be produced from the timber on that sale. In the event a
mutual agreement to modify a contract to include an alternative index is
not reached at time of contract execution, the index specified in the
sample contract shall apply.
    (3) A market-related contract term addition provision shall not be
included in contracts where the primary management objective requires
prompt removal of the timber, such as, timber is subject to rapid
deterioration, timber is in a wildland-urban interface area, or hazard
trees adjacent to developed sites.
    (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:

------------------------------------------------------------------------
      BLS producer price index             Index series       Index code
------------------------------------------------------------------------
Hardwood Lumber.....................  Commodity............         0812
Softwood Lumber.....................  Commodity............         0811
Wood Chips..........................  Industry.............      3211135
------------------------------------------------------------------------

    (ii) Preliminary index values will be revised when final index
values become available, however, determination of a qualifying quarter
will not be revised when final index values become available.
    (2) For PPI index codes 0811 and 0812, the Chief of the Forest
Service shall determine that a drastic reduction in wood prices has
occurred when, for any 2 or more consecutive qualifying quarters, the
applicable adjusted price index is less than 88.5 percent of the average
of such index for the 4 highest of the 8 calendar quarters immediately
prior to the qualifying quarter. A qualifying quarter is a quarter,
following the contract award date, where the applicable adjusted index
is more than 11.5 percent below the average of such index for the 4
highest of the previous 8 calendar quarters. For PPI index code 3211135,
the Chief of the Forest Service shall determine that a drastic reduction
in wood prices has occurred when, for any 2 or more consecutive
qualifying quarters, the adjusted price index is less than 85 percent of
the average of such index for the 4 highest of the 8 calendar quarters
immediately prior to the qualifying quarter. A qualifying quarter is a
quarter, following the contract award date, where the adjusted index is
more than 15 percent below the average of such index for the 4 highest
of the previous eight 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.

[[Page 137]]

    (1) Additional contract time may not be granted for those portions
of the contract:
    (i) With a required completion date;
    (ii) Where the Forest Service determines that the timber is in need
of urgent removal;
    (iii) Where timber deterioration or resource damage may result from
delay; or
    (iv) Where included timber is designated by diameter and delay may
change the treatment as a result of trees growing into or out of the
specified diameter range(s).
    (2) For each additional consecutive quarter in which a contract
qualifies for 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, except that no
single 3-month addition shall extend the term of a contract by more than
1 year.
    (3) No more than 3 years shall be added to a contract's term by
market-related contract term addition unless the following conditions
are met:
    (i) The sale was awarded after December 31, 2006;
    (ii) A drastic reduction in wood product prices occurred in at least
ten of twelve consecutive quarters during the contract term, but not
including the quarter in which the contract was awarded; and
    (4) For each qualifying quarter meeting the criteria in paragraph
(c)(3)(ii) of this section, the Forest Service will, upon the
purchaser's written request, add an additional 3 months during the
normal operating season to the contract, except no single 3-month
addition shall extend the term of a contract by more than 1 year.
    (5) In no event shall a revised contract term exceed 10 years as a
result of market-related contract term addition.
    (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, as amended at 70 FR 37269, June 29, 2005; 71
FR 3411, Jan. 23, 2006; 73 FR 65551, Nov. 4, 2008]



Sec. 223.53  Urgent removal contract extensions.

    (a) Finding. There is substantial, overriding public interest in
extending National Forest System timber sale contracts for undamaged
(green) timber not requiring expeditious removal in order to facilitate
the rapid harvest of catastrophically damaged timber requiring
expeditious removal on private or other non-National Forest System
lands. Such an extension may be granted when a specific catastrophic
event beyond the control of the landowner occurs on non-National Forest
System lands that poses a threat to general forest health, public
safety, and property. Catastrophic events include, but are not limited
to, severe wildfire, wind, floods, insects and disease infestation, and
drought.
    (b) Regional Forester determination. If the Regional Forester
determines that adequate cause for urgent removal extensions exists,
Contracting Officers may extend National Forest System timber sale
contracts, up to a maximum of 1 year, for the estimated amount of time
required to harvest and process the damaged timber on non-National
Forest System lands. Contracting Officers may grant urgent removal
extensions only when the Regional Forester verifies in writing that:
    (1) A specific catastrophe occurred for which urgent removal
extensions should be granted;
    (2) The manufacturing facilities or logging equipment capacity
available to purchasers are insufficient to provide for both the rapid
harvest of damaged non-National Forest System timber in need of
expeditious removal and the continued harvest of undamaged (green)
timber under contract with the Forest Service; and
    (3) Failure to harvest the damaged non-National Forest System timber
promptly could result in the following:
    (i) Pose a threat to public safety,
    (ii) Create a threat of an insect or disease epidemic to National
Forest System or other lands or resources, or
    (iii) Significant private or other public resource loss.
    (c) Purchaser request. To obtain an urgent removal extension on a
National Forest System timber sale contract, a purchaser must make a
written request

[[Page 138]]

to the Contracting Officer, which includes the following:
    (1) An explanation of why the harvest of undamaged (green) National
Forest System timber within the term of the existing National Forest
System contract(s) will prevent or otherwise impede the removal of
damaged non-National Forest System timber in need of expeditious
removal; and
    (2) Documentation that the manufacturing facilities or logging
equipment capacity available to a purchaser would be insufficient to
provide for both the rapid salvage of damaged non-National Forest System
timber in need of expeditious removal and continued harvest of undamaged
(green) National Forest System timber under contract with the Forest
Service.
    (d) Contracting Officer determination. To grant an urgent removal
extension, the timber sale Contracting Officer must verify the
following:
    (1) That it is likely that the undamaged (green) timber from
National Forest System land would be delivered to the same manufacturing
facilities as are needed to process the damaged non-National Forest
System timber or the National Forest System timber sale contract would
require the use of the same logging equipment as is needed to remove the
damaged non-National Forest System timber from the area affected by the
catastrophe;
    (2) That extension of the National Forest System contract will not
be injurious to the United States and will protect, to the extent
possible, the health of the National Forest System lands, including:
    (i) That urgent removal extension does not adversely affect other
resource management objectives to be implemented by the National Forest
System timber sale being extended; and
    (ii) That the National Forest System timber sale contract to be
extended is not a sale containing damaged, dead, or dying timber subject
to rapid deterioration.
    (3) That the purchaser has not been granted a previous urgent
removal extension on the same National Forest System timber sale
contract based on the current catastrophic event. Subsequent urgent
removal extensions may be granted if there are subsequent Regional
Forester determinations on other catastrophic events.
    (4) That the revised National Forest System timber sale contract
term will not exceed 10 years from the date the National Forest System
contract was awarded; and
    (5) That the purchaser is not in breach of the National Forest
System contract, and all work items, payments, and deposits are current.
    (e) Execution of contract extension. An urgent removal extension of
a National Forest System timber sale contract is executed through a
mutual agreement contract modification pursuant to Sec. 223.112, which
must include specific contract provisions. An agreement to modify a
contract must identify the specific provision(s) of the contract being
modified and must include the requirement that purchasers make cash
payment to cover the costs of remarking timber on the sale area or
reestablishing cutting unit boundaries if the Contracting Officer
determines such work is necessary.
    (f) Information collection. The information required of a purchaser
to request an extension of an National Forest System timber sale
contract, as outlined in paragraph (c) of this section, to facilitate
expeditious removal of timber from non-National Forest System lands
constitutes an information collection requirement as defined in 5 CFR
Part 1320 and has been assigned Office of Management and Budget control
number 0596-0167.

[67 FR 70169, Nov. 21, 2002, as amended at 69 FR 33, Jan. 2, 2004]

                          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.

[[Page 139]]

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 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. The road
construction cost used to develop appraised value means the total
estimated cost of constructing all permanent roads specified in the
timber sale contract, estimated as if construction is to be accomplished
by the timber purchaser. 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 usable wood fiber.

[71 FR 11510, Mar. 8, 2006]



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;

[[Page 140]]

    (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]



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 timber sale which includes specified road construction
with total estimated construction costs of $50,000 or more, the
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, as amended at 71 FR 523, Jan. 4, 2006; 71
FR 11510, Mar. 8, 2006]



Sec. 223.83  Contents of prospectus.

    (a) A timber sale prospectus shall specify, as a minimum:

[[Page 141]]

    (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.
    (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 the estimated public
works construction cost.
    (17) For deficit sales:
    (i) An estimate of the difference between fair market value and
advertised value, that is, the amount by which the advertised value
exceeds the appraised value.
    (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, as amended at 71 FR 523, Jan. 4, 2006; 71
FR 11510, Mar. 8, 2006]



Sec. 223.84  Small business bid form provisions on sales with specified
road construction.

    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

[[Page 142]]

    (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. 472a(d),
are defined 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) of this section 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.
    (c) Extraordinary conditions, as provided for in 16 U.S.C. 472a(d),
includes those conditions under which contracts for the sale or exchange
of timber or other forest products must be suspended, modified, or
terminated under the terms of such contracts to prevent environmental
degradation or resource damage, or as the result of administrative
appeals, litigation, or court orders. Notwithstanding the provisions of
paragraph (a) of this section or any other regulation in this part, when
such extraordinary conditions exist on sales not addressed in paragraph
(b) of this section, the Secretary of Agriculture may allow forest
officers to, without advertisement, modify those contracts by
substituting timber or other forest products from outside the contract
area specified in the contract for timber or forest products within the
area specified in the contract. When such extraordinary conditions
exist, the Forest Service and the purchaser shall make good faith
efforts to identify replacement timber or forest products of similar
volume, quality, value, access, and topography. When replacement timber
or forest products agreeable to both parties is identified, the contract
will be modified to reflect the changes associated with the
substitution, including a rate redetermination. Concurrently, both
parties will sign an agreement waiving any future claims for damages
associated with the deleted timber or forest products, except those
specifically provided for under the contract up to the time of the
modification. If the Forest Service and the purchaser cannot reach
agreement on satisfactory replacement timber or forest products, or the
proper value of such material, either party may opt to end the search.
Replacement timber or forest products must come from the same National
Forest as the original contract. The term National Forest in this
paragraph refers to an administrative unit headed by a single Forest
Supervisor. Only timber or forest products for which a decision
authorizing its harvest has been made and for which any applicable
appeals or objection process has been completed may be considered for
replacement pursuant to this paragraph. The value of replacement timber
or forest products may not exceed the value of the material it is
replacing by more than $10,000, as determined by standard Forest Service
appraisal methods.

[61 FR 14621, Apr. 3, 1996, as amended at 71 FR 34826, June 16, 2006; 72
FR 59190, Oct. 19, 2007]



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

[[Page 143]]

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,
    (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

[[Page 144]]

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 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

[[Page 145]]

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 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

[[Page 146]]

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.

    (a) 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.
    (b) Timber sale contracts awarded after October 1, 1995, that have
been suspended for more than 90 days, during the normal operating
season, at no fault of the purchaser, because of administrative appeals
or litigation, that did not include contract provisions for rate
redeterminations may be modified at the request of the timber sale
purchaser to include a rate redetermination for the remaining
unharvested volume to reflect significant decreases in market value
during the period of delay. Rates in effect at the time of the
suspension will be redetermined in accordance with the standard Forest
Service methods in effect 45 days prior to the rate redetermination.

[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2760-2761, Jan. 23,
1984, as amended at 69 FR 18814, Apr. 9, 2004]



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 timber sales and assumes in writing all of the obligations
to the Forest Service

[[Page 147]]

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 by such means as may be
deemed effective in informing the public of the proposed action,
including in any event,

[[Page 148]]

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 recomputation decisions.

    (a) Decisions subject to appeal. The rules of this section govern
appeal of recomputation decisions related to structural, special, or
market changes or the scheduled 5-year recomputations of the small
business share of National

[[Page 149]]

Forest System timber sales. Certain decisions related to recomputation
of shares, such as structural change and carryover volume, may require
two decisions, one to determine that a recomputation is needed and the
other to recompute the shares. Decisions made both at the earlier stage
as well as the later stage are appealable.
    (b) Manner of giving notice--(1) Predecisional notice and comment.
The Responsible Official shall provide qualifying timber sale
purchasers, as defined in paragraph (c)(1) of this section, 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 predecisional
review period, the Responsible Official shall consider any comments
received. Within 15 days of the end of the comment period, the
Responsible Official shall make a 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 of
decision must identify the name of the Appeal Deciding Officer, the
address, the date by which an appeal must be filed, and a source for
obtaining the appeal procedures information.
    (c) Who may appeal or file written comments as an interested party.
(1) Only timber sale purchasers, or their representatives, who are
affected by recomputations of the small business share of timber sales
as described in paragraph (a) of this section and who have submitted
predecisional comments pursuant to paragraph (b)(1) of this section, may
appeal recomputation decisions under this section or may file written
comments as an interested party.
    (2) Interested parties are defined as the Small Business
Administration and those timber sale purchasers, or their
representatives, who are affected by recomputations of the small
business share of timber sales as described in paragraph (a) of this
section and who have individually, or through an association to which
they belong, submitted predecisional comments pursuant to paragraph
(b)(1) of this section.
    (i) A timber sale purchaser may submit comments on an appeal as an
interested party if an association to which the purchaser belongs filed
predecisional comment but later decides not to appeal or not to file
comments as an interested party.
    (ii) A timber sale purchaser, who is a member of an association that
appeals a decision, may not file a separate appeal unless that purchaser
filed separate predecisional comment under paragraph (b)(1).
    (3) Interested parties who submit written comments on an appeal
filed by another party may not continue an appeal if the appellant
withdraws the appeal.
    (d) Level of appeal. Only one level of review is available for
appeal of decisions pertaining to recomputations under the Small
Business Timber Sale 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 must be specified in
the notice of decision given pursuant to paragraph (b)(2) of this
section. Written comments filed by an interested party in response to an
appeal must be filed within 15 days after the close of the appeal filing
period.
    (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:

[[Page 150]]

    (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 regarding the issue(s)
raised by the appeal;
    (vi) If relevant, any specific references to any law, regulation, or
policy that the appellant believes to have been violated and the basis
for such an 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 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) The time period 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) The appellant's notice of appeal is not filed within the
required time period;
    (3) The appellant's notice of appeal does not contain responses
required by paragraphs (f)(2)(i) through (f)(2)(viii) of this section;
or
    (4) The appellant did not submit written comments on the proposed
decision of the new recomputed shares as described in paragraph (c) of
this section.
    (i) Appeal record. The appeal record consists of the written
decision being appealed, any predecisional comments received, any
written comments submitted by interested parties, 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 to the Appeal Deciding Officer within 7 days of the
date the notice of appeal is received. A copy of the appeal record must
be sent to the appellant at the same time.
    (j) Appeal decision--(1) Responsive statement for appeal decision.
The Appeal Deciding Officer may request the Responsible Official to
prepare a responsive statement. However, if the information in the files
clearly demonstrates the rationale for the Responsible Official's
decision, then a responsive statement addressing the points of the
appeal is not necessary.
    (2) Appeal issue clarification. For clarification of issues raised
in the appeal, the Appeal Deciding Officer may request additional
information from either the Responsible Official, the appellant, or an
interested party who has submitted comments on the appeal. At the
discretion of the Appeal Deciding Officer, an appellant or interested
party may be invited to discuss data relevant to the appeal. Information
provided to clarify issues or facts in the appeal must be based upon
information previously documented in the

[[Page 151]]

file or appeal. Any information provided as a result of the Appeal
Deciding Officer's request for more information must be made available
to all parties, that is, to the Responsible Official, the appellant, and
interested parties who have submitted comments on the appeal. All
parties will have 5 days after the Appeal Deciding Officer receives the
additional information to review and comment on the information, and the
appeal decision period will be extended 5 additional days.
    (3) Issuance of final 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
except that this period must be extended to 35 days when additional
information is requested by the Appeal Deciding Officer. 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 rendering
an appeal decision.
    (k) Implementation of decisions during pendency of appeal.
Recomputation of shares arising from a scheduled 5-year recomputation
are effective on April 1 following the end of the 5-year period being
considered. If an appeal that may affect the shares for the next 5-year
period is not resolved by the April 1 date, the share decision announced
by the Responsible Official must 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 must be accomplished during the
remaining portion of the 5-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.
    (m) Information collection requirements. The provisions of paragraph
(f) of this section specify the information that appellants must provide
when appealing decisions pertaining to recomputation of shares. As such,
these rules contain information requirements as defined in 5 CFR Part
1320. These information requirements have been approved by the Office of
Management and Budget and assigned control number 0596-0141.

[64 FR 411, Jan. 5, 1999]



         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.
    (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

[[Page 152]]

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
Sec. Sec. 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 Sec. Sec.
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.
    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

[[Page 153]]

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
Sec. Sec. 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 Sec. Sec.
223.140(a) or Sec. 223.145.
    (2) The cause(s) for the action (see Sec. Sec. 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.



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

[[Page 154]]

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:
    (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]

[[Page 155]]



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
official. 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.
    (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

[[Page 156]]

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); and
    (D) Specify any limitations on the terms of the debarment.
    (ii) The debarring official shall also promptly notify Regional
Foresters and Forest Supervisors of the decision.

[52 FR 43329, Nov. 12, 1987, as amended at 72 FR 31438, June 7, 2007]



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

[[Page 157]]

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 determining 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 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.

[[Page 158]]

    (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;
    (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

[[Page 159]]

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
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.

[[Page 160]]



          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 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.

[[Page 161]]

    (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]



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

[[Page 162]]

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:
    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

[[Page 163]]

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 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;

[[Page 164]]

    (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 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 Sec. Sec. 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

[[Page 165]]

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 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

[[Page 166]]

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:
    (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

[[Page 167]]

------ (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 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

[[Page 168]]

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, 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.

[[Page 169]]

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 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.

[[Page 170]]

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 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

[[Page 171]]

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 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

[[Page 172]]

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 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

[[Page 173]]

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
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

[[Page 174]]

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 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

[[Page 175]]

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 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

[[Page 176]]

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 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;

[[Page 177]]

    (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 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,

[[Page 178]]

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 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

[[Page 179]]

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 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

[[Page 180]]

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 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
committed 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

[[Page 181]]

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 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

[[Page 182]]

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 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

[[Page 183]]

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. 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.



                    Subpart G_Special Forest Products

    Source: 73 FR 79386, Dec. 29, 2008, unless otherwise noted.

    Effective Date Note: At 73 FR 79386, Dec. 29, 2008, subpart G was
added, effective Jan. 28, 2009. At 74 FR 5107, Jan. 29, 2009, the
amendment was delayed until Mar. 30, 2009. At 74 FR 14049, Mar. 30,
2009, the amendment

[[Page 184]]

was further delayed until May 29, 2009. At 74 FR 26091, June 1, 2009,
the amendment was delayed indefinitely.



Sec. 223.215  Applicability.

    The regulations contained in this subpart govern the disposal of
special forest products from National Forest System lands through sale
and free use. Pursuant to the Department of the Interior and Related
Agencies Appropriations Act of 2000 (Pub. L. 106-113, Div. B, sec.
1000(a)(3), 113 Stat. 135 (sec. 339 of Title III of H.R. 3423)), as
amended in 2004 by Section 335 of Public Law 108-108, special forest
products that are also forest botanical products shall be sold, or
offered for free use, subject to the requirements of subpart H of this
part, until termination of the forest botanical pilot program. A
commercial sale of special forest products shall be governed by a
contract, permit, or other authorizing instrument. Free use above the
incidental-use harvest level shall be conducted under a permit, unless
otherwise provided.



Sec. 223.216  Special Forest Products definitions.

    As used in this subpart:
    Person: Any individual, partnership, corporation, association,
Tribe, or other legal entity.
    Special forest products: Products collected from National Forest
System lands that include, but are not limited to, bark, berries,
boughs, bryophytes, bulbs, burls, Christmas trees, cones, ferns,
firewood, forbs, fungi (including mushrooms), grasses, mosses, nuts,
pine straw, roots, sedges, seeds, transplants, tree sap, wildflowers,
fence material, mine props, posts and poles, shingle and shake bolts,
and rails. Special forest products do not include sawtimber, pulpwood,
non-sawlog material removed in log form, cull logs, small roundwood,
house logs, telephone poles, derrick poles, minerals, animals, animal
parts, insects, worms, rocks, water, and soil.



Sec. 223.217  Authority to dispose of special forest products.

    The Forest Service has authority to dispose of special forest
products located on National Forest System lands pursuant to the
Multiple-Use Sustained-Yield Act of 1960, as amended (16 U.S.C. 528-
531); the National Forest Management Act of 1976, as amended (16 U.S.C.
472a et seq.); and, the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended (16 U.S.C. 1600-1614).



Sec. 223.218  Consistency with plans, environmental standards, and other
management requirements.

    The disposal of special forest products from National Forest System
lands shall be consistent with applicable land management plans. Each
contract, permit, or other authorizing instrument shall include, as
appropriate, provisions requiring the person or user to:
    (a) Provide fire protection and suppression;
    (b) Protect natural resources;
    (c) Regenerate harvested species after harvesting operations;
    (d) Minimize soil erosion;
    (e) Maintain favorable conditions of water flow and quality;
    (f) Minimize adverse effects on, protect, or enhance other national
forest resources, uses, and improvements; and
    (g) Deposit voucher specimens with a curator of a nationally
recognized herbarium in North America as identified in the Index
Herbariorum when the permit, contract, or other authorizing instrument
allows bioprospecting.



Sec. 223.219  Sustainable harvest of special forest products.

    (a) Sustainable harvest levels. Prior to offering a special forest
product for sale or free use, the responsible forest officer must
determine the product's sustainable harvest level. A special forest
product's sustainable harvest level is the total quantity of the product
that can be harvested annually in perpetuity on a sustained yield basis.
Responsible forest officers shall not authorize harvest or free use of
special forest products in an amount exceeding known sustainable harvest
levels. In determining a sustainable harvest level, the responsible
forest officer may consider harvest levels of the product for the
previous three years, if such information is available. Responsible
forest officers may consider factors such

[[Page 185]]

as year-to-year and site-to-site variability, climate, weather change,
geographic scale, and scientific data available prior to making their
sustainability determination and establishing monitoring time frames
consistent with paragraph (c) of this section. Responsible forest
officers will consult with Tribes, to the extent appropriate, to
determine sustainable harvest levels based on historical information. In
addition, responsible forest officers may consult with other appropriate
parties to determine sustainable harvest levels based on historical
information.
    (b) Harvest of protected species. The sale or free use of special
forest products listed or proposed for listing as endangered or
threatened under the Endangered Species Act is prohibited, except as
authorized by the U.S. Fish and Wildlife Service. Moreover, regional
guidelines will identify when the sale or free use of any special forest
product listed on the Regional Forester's sensitive plant list, species
of concern list, species of interest list, or protected under the
Convention on International Trade in Endangered Species may be
authorized.
    (c) Monitoring of established harvest levels. At least once every
three fiscal years, or as otherwise established by the Regional
Forester, the Forest Service shall monitor the effects of harvesting on
the sustainability of special forest products. Such monitoring may
include, but is not limited to, on-site examination of the product,
including both harvested and non-harvested areas, and a review of past
and projected harvest levels to the extent such information is
available.
    (d) Revision of harvest levels. The sustainable harvest level for a
special forest product may be increased or decreased, as appropriate,
based on monitoring.



Sec. 223.220  Quantity determination.

    Sale contracts, permits, or other authorizing instruments may
provide for determining the quantity of special forest products by
scaling, measuring, weighing, counting, or other reliable means.

                          Appraisal and Pricing



Sec. 223.221  Establishing minimum rates.

    The Chief of the Forest Service shall establish minimum rates for
the sale of special forest products or groups of special forest
products. Products must be sold for appraised value or minimum rates,
whichever is higher. No products may be sold or harvested for less than
minimum rates except to provide for the removal of insect infested,
diseased, dead or distressed products.



Sec. 223.222  Appraisal.

    The Chief of the Forest Service shall determine the appraised value
of special forest products. Valid methods to determine appraised value
include, but are not limited to, transaction evidence appraisals,
analytical appraisals, comparison appraisals, and independent estimates
based on average investments. Special forest products must be sold at
minimum rates or appraised value, whichever is higher.

              Contract and Permit Conditions and Provisions



Sec. 223.223  Advance payment.

    Contracts, permits, or other authorizing instruments for the sale of
special forest products shall require advance payment, unless the
contract, permit, or instrument authorizes the person 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 person or their successor in interest, subject to the
requirements of the Debt Collection Improvement Act.



Sec. 223.224  Performance bonds and security.

    A contract, permit, or other authorizing instrument for the sale of
special forest products may require the person to furnish a performance
bond or other security for satisfactory compliance with its terms.



Sec. 223.225  Term.

    The term of any contract, permit, or other authorizing instrument
for the sale of special forest products shall not exceed 10 years,
unless the Secretary of

[[Page 186]]

Agriculture finds that better utilization of the various forest
resources consistent with the Multiple-Use Sustained-Yield Act of 1960,
as amended (16 U.S.C. 528-531) will result. Any such finding by the
Secretary of Agriculture shall be made in writing.



Sec. 223.226  Term adjustments for force majeure delay.

    Contracts or other authorizing instruments for the sale of special
forest products, excluding permits, may contain a provision allowing the
term to be extended if circumstances beyond the person's reasonable
control delay performance. In determining whether such an extension is
appropriate, responsible forest officers shall consider the value of the
products or species, the length and type of authorizing instrument, the
need for early/accelerated harvest, and any other appropriate factors.
Circumstances beyond a person's reasonable control may include, but are
not limited to, acts of God, acts of the public enemy, acts of the
Government, labor disputes, fires, insurrections, and floods. The
responsible forest officer may grant such an extension upon finding:
    (a) Circumstances beyond the person's reasonable control delayed
performance; and
    (b) The person has diligently performed in accordance with the
contract or other authorizing instrument.

                         Advertisement and Bids



Sec. 223.227  Sale advertisement.

    (a) The Forest Service shall advertise any special forest products
sales with an appraised value equal to or greater than $10,000 for at
least 30 days, except as provided in paragraph (c) of this section.
    (b) When the sale's appraised value is less than $10,000, the Forest
Service may sell the products without advertisement; however, if there
is competitive interest in a sale valued at less than $10,000, the
Forest Service shall advertise the sale for no less than 7 days.
    (c) Notwithstanding paragraphs (a) and (b) of this section, the
Forest Service may, at its discretion, sell any special forest products
without advertisement, or advertise a special forest products sale for a
period less than 30 days if:
    (1) Deterioration of a special forest product threatens its value;
or
    (2) The products were previously advertised for competitive bidding
and no satisfactory bids were received; or
    (3) The products are remaining from expired, cancelled, or abandoned
contracts, permits, or other authorizing instruments.



Sec. 223.228  Contents of advertisement.

    The Forest Service shall include the following information in an
advertisement for the sale of special forest products:
    (a) The location and estimated quantities of special forest products
offered for sale;
    (b) The time and place at which sealed bids will be opened in
public;
    (c) A provision asserting the Agency's right to reject any and all
bids;
    (d) The place where complete information on the offering may be
obtained; and
    (e) Notice that a prospectus is available to the public and to
interested potential bidders.



Sec. 223.229  Contents of prospectus.

    The prospectus for the sale of special forest products shall include
the following:
    (a) The minimum acceptable value or unit price for a product and the
amount or rate of any deposits required in addition to the unit price of
a product;
    (b) The amount of the bid guarantee that must accompany each bid;
    (c) The amount of the deposit or downpayment the successful bidder
must make and the time-frame for making such deposit or downpayment;
    (d) The location and area of the sale, including acreage;
    (e) The estimated volumes, quality, size, or other appropriate
measure for the special forest products;
    (f) A description of any special harvest and removal requirements
for the sale;
    (g) The method of bidding that the Forest Service will employ;
sealed bid or sealed bid followed by oral auction;

[[Page 187]]

    (h) The type of contract, permit, or other authorizing instrument to
be used for the sale;
    (i) The termination date and normal operating season, if any, of the
contract, permit, or other authorizing instrument;
    (j) The amount of performance bond required; and
    (k) Such additional information about the sale as the Forest Service
deems appropriate in order to encourage bidders to perform on-site
investigations.



Sec. 223.230  Bid restriction on resale of incomplete contracts,
permits, or other instruments.

    In any resale of special forest products remaining from a previous
sale, the Forest Service shall not consider a bid submitted by a person
who failed to complete or defaulted the original contract, permit, or
other instrument authorizing the sale, or from any affiliate of such
person, except when such consideration serves the public interest.



Sec. 223.231  Bidding methods.

    The Contracting Officer or designated forest officer shall offer
advertised sales of special forest products through sealed bid or sealed
bid followed by oral auction. The method selected shall:
    (a) Ensure open and fair competition;
    (b) Ensure that the Federal Government receives minimum rates or
appraised value, whichever is higher;
    (c) Be consistent with the National Forest Management Act and other
applicable federal laws;
    (d) Require, as a prerequisite to participation in an oral auction,
that a bidder submit a written sealed bid at least equal to the minimum
acceptable bid price(s) specified in the prospectus. The Forest Service
shall not accept a bid at oral auction that is less than the bidder's
initial sealed bid; and
    (e) Specify the use of sealed bids or a mix of bidding methods in
the affected area where there is a reasonable belief that collusive and/
or abnormal bidding practices may be occurring.



Sec. 223.232  Disclosure of relation to other bidders.

    The Forest Service may require any prospective bidder for special
forest products to disclose its relationship with other potential
bidders or operators. Such disclosure may include a certified statement
listing:
    (a) Stockholders or members of the bidder's firm;
    (c) Officers;
    (d) Members of the board of directors; or
    (e) Holders of bonds, notes, or other types of debt.

      Award of Contracts, Permits, or Other Authorizing Instruments



Sec. 223.233  Award to highest bidder.

    (a) The Forest Service shall award contracts, permits, or other
authorizing instruments for advertised sales as follows:
    (1) The Forest Service will award a special forest products sale to
the responsible bidder that submits the highest bid that conforms to the
sale conditions in the prospectus.
    (2) If the highest bidder cannot meet the conditions for the sale,
as specified in the prospectus, the Forest Service may:
    (i) Reject all bids and reoffer the sale, or
    (ii) Offer the award at the high bid level to the next highest
qualified bidder until the award is accepted or refused by all of the
conforming bidders.
    (iii) In the event of a tie between two or more responsible high
bidders submitting conforming bids, the Forest Service shall award the
sale by drawing of lots.
    (iv) If no bids meet the specified conditions in the sale's
prospectus, or if there are other irregularities in the bidding process,
the Forest Service may reject all bids, and, at its discretion, reoffer
the sale.
    (b) [Reserved]



Sec. 223.234  Determination of responsibility.

    (a) A Contracting Officer shall not award a contract, permit, or
other instrument authorizing the sale of special forest products to a
declared high

[[Page 188]]

bidder unless that officer makes an affirmative determination that the
person is responsible. In the absence of information clearly
establishing that the declared high bidder is responsible, the
Contracting Officer shall conclude that the declared high bidder is not
responsible.
    (b) In order to make an affirmative determination of responsibility,
the Contracting Officer must find that:
    (1) The declared high bidder has adequate financial resources to
perform the contract, permit, or other authorizing instrument, or the
ability to obtain such resources;
    (2) The declared high bidder is able to complete the contract,
permit, or other authorizing instrument within the relevant term, taking
into consideration the declared high bidder's other existing commercial
and governmental obligations;
    (3) The declared high bidder has a satisfactory record of integrity
and business ethics;
    (4) The declared high bidder has or is able to obtain equipment and
supplies suitable for harvesting the special forest product(s) and for
meeting applicable resource protection requirements;
    (5) The declared high bidder is otherwise qualified and eligible to
receive an award of a contract, permit, or other authorizing instrument
under all applicable laws and regulations;
    (6) The declared high bidder has a satisfactory performance record
on contracts, permits, and other agreements with the U.S. Government.
Failure to apply sufficient diligence and perseverance to perform a
contract, permit, or other instrument is strong evidence that a declared
high bidder is not responsible. A declared high bidder that is, or has
been deficient in performance shall be deemed not responsible, unless
the declared high bidder demonstrates that the deficiency arose from
circumstances beyond their reasonable control.
    (c) Affiliated concerns, as defined in 36 CFR 223.49(a)(5), are
normally considered separate entities in determining whether the
declared high bidder that is to perform the contract meets the
applicable standards for responsibility. However, the responsible Forest
Officer shall consider an affiliate's past performance and integrity
when they may adversely affect the responsibility of the declared high
bidder.



Sec. 223.235  Unilateral delay, suspension, or modification of
contracts, permits, or other instruments authorizing the sale of

special forest products.

    (a) Reasons for delay, suspension or modification. The Forest
Service may unilaterally delay, suspend, or modify any contract, permit,
or instrument authorizing the sale or free use of special forest
products for any of the following reasons:
    (1) To prevent actual or potential harm to the environment,
including without limitation, harm to land, water, air, habitat, plants,
animals, cave resources, or cultural resources;
    (2) To ensure consistency with land management plans or other
management documents;
    (3) To conduct environmental analyses, including, without
limitation, consultation under the Endangered Species Act of 1973, 16
U.S.C. 1531, et seq;
    (4) Existing or threatened litigation that might affect or involve a
person's harvest of special forest products; or
    (5) For any reasons or other conditions set forth in the contract,
permit, or other authorizing instrument governing the sale.
    (b) Compensation. (1) The Forest Service may compensate a person for
the unilateral delay, suspension or modification of a contract, permit,
or other authorizing instrument in accordance with the applicable
provisions set forth in such document or, in the absence of such
provisions, in accordance with applicable Forest Service methods and
procedures in effect when a claim for compensation is submitted, giving
due consideration to the cause, duration, and financial impact of the
delay, suspension or modification.
    (2) A person submitting a claim must comply with claim provisions in
the governing contract, permit, or other authorizing instrument, or, in
the absence of such provisions, must submit a written claim for
compensation accompanied by supporting documentation that fully
substantiates the claim.

[[Page 189]]

    (c) Authority to unilaterally delay, suspend or modify. The
Contracting Officer administering the sale or a responsible superior
officer may delay, suspend, or modify the contract, permit, or other
authorizing instrument by issuing instructions to a person to delay,
suspend, or modify operations. Such instructions to delay, suspend or
modify shall be issued to a person in writing, except when exigent
circumstances warrant oral communication, in which case the officer
shall promptly follow-up in writing.



Sec. 223.236  Unilateral termination.

    (a) Reasons for Unilateral Termination. The Forest Service may
unilaterally terminate a contract, permit, or other instrument
authorizing the sale or free use of special forest products for any of
the following reasons:
    (1) Any of the reasons provided in Sec. 223.235(a);
    (2) Material breach or continued violation of the contract, permit
or other authorizing instrument;
    (3) Violation of any Federal or State laws or regulations related
to:
    (i) Obtaining, attempting to obtain, selling, trading, or processing
special forest products;
    (ii) Obtaining, attempting to obtain, or performing a public
contract or subcontract;
    (iii) Harming or damaging public lands or protected species; or
    (iv) Business integrity, honesty, or responsibility.
    (b) Compensation. (1) The Forest Service may compensate a person for
the unilateral termination of a contract, permit, or other authorizing
instrument in accordance with the applicable provisions set forth in
such document or, in the absence of such provisions, in accordance with
applicable Forest Service methods and procedures in effect when a claim
for compensation is submitted, giving due consideration to the cause,
duration, and financial impact of the termination.
    (2) A person submitting a claim must comply with claim provisions in
the governing contract, permit, or other authorizing instrument, or, in
the absence of such provisions, must submit a written claim for
compensation accompanied by supporting documentation that fully
substantiates the claim.
    (3) No compensation shall be provided if the unilateral termination
is due in whole or in part to the reasons set forth at Sec.
223.236(a)(2) or (3).
    (c) Authority to unilaterally terminate. The Chief, or the Chief's
designee, has the authority to unilaterally terminate a contract,
permit, or other instrument authorizing the sale or free use of special
forest products. Any such termination shall be issued in writing, except
when exigent circumstances warrant oral communication, in which case a
written communication shall follow promptly.



Sec. 223.237  Request for delay, suspension, modification, or
termination.

    (a) Request. A person authorized to harvest special forest products
may request delay, suspension, modification, or termination of their
contract, permit, or other authorizing instrument pursuant to the
provisions set forth in the contract, permit, or instrument, if any, or
for another reasonable cause, including without limitation, catastrophic
damage to the product or substantially changed market conditions. Any
such request must be submitted in writing and include a detailed
explanation of all relevant circumstances supporting the request.
    (b) Response. The Forest Service shall respond to any request for
delay, suspension, modification, or termination in accordance with
applicable provisions in the contract, permit, or other authorizing
instrument, or, in the absence of such provisions, respond in a manner
that is reasonable in light of the request's circumstances. The Forest
Service may deny any request, in whole or in part, in accordance with
the provisions of the relevant contract, permit, or instrument, or, in
the absence of such provisions, at the Agency's discretion.
    (c) Authority. The Contracting Officer administering a sale or a
superior officer has the authority to deny or grant any request by a
person authorized to harvest special forest products to delay, modify,
suspend, or terminate a contract, permit, or other authorizing

[[Page 190]]

instrument. The Forest Service's response to a request for delay,
modification, suspension, or termination shall be issued in writing,
except when exigent circumstances warrant oral communication, in which
case a written communication shall follow promptly.



Sec. 223.238  Free use authorization to U.S. Army and Navy.

    Subject to delegations of authority by the Chief, Regional Foresters
may approve the harvest of special forest products by the U.S. Army and
Navy for the purposes identified at 16 U.S.C. 492.



Sec. 223.239  Free use by individuals.

    (a) Free use. A person may harvest a special forest product from
National Forest System lands free of charge for personal, non-commercial
use up to the amount or quantity authorized by a designated Forest
Service officer, a Forest Supervisor, or a Regional Forester, as
delegated at 36 CFR 223.8.
    (b) Free use without a permit up to the incidental use harvest
level. No permit is required for the free use of a special forest
product at or below that product's incidental-use harvest level, which
shall be determined at the discretion of the regional forester or a
subordinate officer. The incidental use harvest level covers small
amounts of special forest products, such as cones, mushrooms, berries,
acorns, black walnuts, or medicinal roots. Any free use of a special
forest product that does not have an incidental-use harvest level is
subject to this section's permit requirements.
    (c) Free-use permit requirement. No person seeking free use of a
special forest product, except one identified in Sec. 223.239(e), may
harvest a special forest product above the product's incidental-use
harvest level without submitting an application to a forest officer and
obtaining a free-use permit, unless the permit requirement has been
waived for a specific special forest product in a designated free-use
area.
    (d) Contents of the permit. The permit shall indicate the type,
amount, and/or value of the product to be harvested, the permit's
duration, and shall contain other restrictions and requirements as
appropriate.
    (e) Free use without a permit for members of Tribes with treaty or
other reserved rights related to special forest products. A member of a
Tribe with treaty or other reserved rights related to special forest
products retains his/her ability to harvest such products in full
accordance with existing rights, including free-use harvest without
obtaining a free-use permit, as specified in treaty or other reserved
rights.
    (f) Free use without a permit upon the request of the governing body
of a Tribe. At the Agency's discretion, responsible forest officers may,
upon the request of an authorized representative of the governing body
of a Tribe, issue a permit that would not otherwise be required under
paragraph (e) of this section to a Tribe with treaty or other reserved
rights related to special forest products for the free use of a
specified quantity of special forest products. That Tribe may then
allocate specified quantities of the special forest product(s) to
individual Tribal members, up to the maximum amount specified in the
Tribal free-use permit. Any Tribe issued such a permit must provide the
Forest Service with information related to the permitted harvest, upon
request.
    (g) Free-use restrictions. A Forest Officer may set conditions on
the free-use harvest of a special forest product or deny the free use of
a special forest product. Reasons for denying free-use access or setting
conditions on free use, except as specified in Sec. 223.240, may
include, but are not limited to:
    (1) Ensuring public safety;
    (2) Preventing interference with Forest Service and/or commercial
operations;
    (3) Ensuring the sustainability of a special forest product; or
    (4) Otherwise protecting National Forest System land.
    (h) Unilateral termination of a free-use permit. The responsible
forest officer, or any superior officer, may terminate a free use permit
without compensation at any time for reasons including, but not limited
to, resource protection, weather factors, fire season, road access,
conflicts with other users, or permit violations.

[[Page 191]]

    (i) Subsistence in Alaska. This section does not affect subsistence
uses implemented under Title VIII of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101-3126).



Sec. 223.240  Tribes and treaty and other reserved rights.

    Tribes with treaty or other reserved rights related to special
forest products retain their ability to harvest special forest products
in full accordance with existing rights. However, consistent with all
applicable rights, Regional Foresters may set conditions on Tribes with
treaty or other reserved rights related to special forest products to
protect the sustainability of special forest products or to otherwise
protect National Forest System land. Regional Foresters may only
prohibit Tribes with treaty or other reserved rights related to special
forest products from harvesting a special forest product to protect
public health and safety or to ensure sustainable harvest levels.
Regional Foresters will provide a Tribe with treaty or other reserved
rights related to special forest products that is prohibited from
harvesting a special forest product with written documentation
supporting the decision.



Sec. 223.241  Disposal of seized special forest products.

    The Forest Service may dispose of seized special forest products
that have been illegally obtained from National Forest System lands by
sale or free use. Any sale of such products shall be conducted in
accordance with the requirements of this subpart; however, no seized
special forest products shall be sold to the person who collected them
illegally. The Forest Service shall not dispose of a seized product by
sale or free use if that product is:
    (a) Listed or proposed for listing as threatened or endangered under
the Endangered Species Act;
    (b) Identified as prohibited for sale or trade under the Convention
on Internal Trade in Endangered Species; or
    (c) Listed on the Regional Forester's sensitive plant list, species
of concern list, or species of interest list.



Sec. 223.242  Supplemental guidance, Memorandum of Agreements and
Memorandums of Understanding.

    Consistent with subparts G and H of this part, regional foresters
may issue supplemental guidance and approve Memorandums of Agreement and
Memorandums of Understanding to promote local collaboration, issue
resolution, and local implementation of these regulations. Existing
Memorandums of Agreement and Memorandums of Understanding related to
forest products must be made consistent with subparts G and H within 24
months from December 29, 2008 or those agreements will terminate.



                   Subpart H_Forest Botanical Products

    Source: 73 FR 79386, Dec. 29, 2008, unless otherwise noted.

    Effective Date Note: At 73 FR 79386, Dec. 29, 2008, subpart G was
added, effective Jan. 28, 2009. At 74 FR 5107, Jan. 29, 2009, the
amendment was delayed until Mar. 30, 2009. At 74 FR 14049, Mar. 30,
2009, the amendment was further delayed until May 29, 2009. At 74 FR
26091, June 1, 2009, the amendment was delayed indefinitely.



Sec. 223.275  Establishment of a pilot program.

    This subpart governs the Forest Service's pilot program for the
disposal of forest botanical products, as authorized by the Department
of the Interior and Related Agencies Appropriations Act of 2000, (Pub.
L. 106-113, Div. B, sec. 1000(a)(3), 113 Stat. 135 (enacting into law
sec. 339 of Title III of H.R. 3423)), as amended in 2004 by Section 335
of Public Law 108-108. The pilot program shall be in effect through
September 30, 2009, unless extended or made permanent by Congress.



Sec. 223.276  Applicability.

    This subpart applies to the sale and free use of forest botanical
products, as defined in Sec. 223.277, from National Forest System
lands, until September 30, 2009, unless the pilot program is extended or
made permanent by Congress. The Forest Service shall dispose of forest
botanical products in accordance with the procedures set forth in 36

[[Page 192]]

CFR part 223 Subpart G, subject to the requirements of this subpart.



Sec. 223.277  Forest botanical products definition.

    As used in this subpart, the following term shall mean:
    Forest botanical products are: Naturally occurring special forest
products, including, but not limited to, bark, berries, boughs,
bryophytes, bulbs, burls, cones, ferns, fungi (including mushrooms),
forbs, grasses, mosses, nuts, pine straw, roots, sedges, seeds, shrubs,
transplants, tree sap, and wildflowers. Forest botanical products are
not animals, animal parts, Christmas trees, fence material, firewood,
insects, mine props, minerals, posts and poles, rails, rocks, shingle
and shake bolts, water, worms, and soil.



Sec. 223.278  Sale of forest botanical products and collection of fees.

    The responsible Forest Officer shall ensure that the sale price of
any forest botanical product includes a portion of the product's fair
market value and a portion of the costs incurred by the Department of
Agriculture associated with granting, modifying, or monitoring the
authorization for harvest of forest botanical products, including the
costs of any environmental or other analysis. The fair market value of
forest botanical products shall be equal to the appraised value
determined in accordance with Sec. 223.222. The sum of the portions of
fair market value and costs making up the sale price must be greater
than or equal to the forest botanical product's fair market value. All
other aspects related to the sale of forest botanical products shall be
governed under 36 CFR part 223 Subpart G.



Sec. 223.279  Personal use.

    (a) Personal use. A person may harvest forest botanical products
from National Forest Systems lands free of charge for personal, non-
commercial use up to the personal-use harvest level.
    (b) Personal use harvest level. In conjunction with determining
sustainable harvest levels under Sec. 223.219, the responsible Forest
Officer shall determine personal-use harvest levels for specific forest
botanical products, which shall be equal to the amount or quantity
authorized for free use under Sec. 223.239(a).
    (c) Personal-use permit requirement. A person seeking personal use
of a forest botanical product must comply with the free-use permitting
requirements of Sec. 223.239.



Sec. 223.280  Waiver of fees and/or fair market value.

    The Forest Service waives the collection of fees otherwise required
pursuant to Sec. 223.278 of this subpart as follows:
    (a) For all federally-recognized Tribes seeking to harvest forest
botanical products for cultural, ceremonial, and/or traditional
purposes. Such purposes must be non-commercial, and any such harvest may
be conditioned or denied for reasons similar to those provided in Sec.
223.240 of subpart G; and
    (b) For Tribes with treaty or other reserved rights seeking to
harvest forest botanical products for cultural, ceremonial, and/or
traditional purposes in accordance with such treaty or other reserved
rights. Such purposes must be non-commercial, and any such harvest may
be conditioned or denied for reasons similar to those provided in Sec.
223.240 of subpart G; and
    (c) When a Regional Forester or Forest Supervisor, having proper
authorization from the Chief, makes a written determination that:
    (1) The harvest of a specified forest botanical product will
facilitate non-commercial scientific research such as species
propagation or sustainability: or
    (2) A forest botanical product is salvage because other management
activities will destroy or damage the product.



Sec. 223.281  Monitoring and revising sustainable harvest levels.

    The Forest Service shall monitor and revise sustainable harvest
levels for forest botanical products in accordance with Sec. 223.219 of
subpart G.

[[Page 193]]



Sec. 223.282  Deposit and expenditure of collected fees.

    (a) Funds collected under the pilot program for the harvest and sale
of forest botanical products shall be deposited into a special account
in the Treasury of the United States. These funds shall be available for
expenditure at National Forests or National Grasslands where the funds
were collected until September 30, 2010, unless the program is extended.
    (b) Funds deposited into the special account specified in paragraph
(a) of this section shall be expended at a National Forest or National
Grassland in an amount equal to the fees collected at that unit and
shall be used to pay for the costs of:
    (1) Conducting inventories of forest botanical products;
    (2) Determining, monitoring, and revising sustainable harvest levels
for forest botanical products;
    (3) Monitoring and assessing the impact of harvest levels and
methods;
    (4) Conducting restoration activities, including vegetation
restoration; and
    (5) Administering the pilot program, including environmental or
other analyses.



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 194]]

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.

    Authority: 16 U.S.C. 478, 551; 30 U.S.C. 226, 352, 601, 611; 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)(1) of this section, a notice
of intent to operate is required from any person proposing to conduct
operations which might cause significant disturbance of surface
resources. Such notice of intent to operate shall be submitted to the
District Ranger having jurisdiction over the area in which the
operations will be conducted. 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.
    (1) A notice of intent to operate is not required for:
    (i) Operations which will be limited to the use of vehicles on
existing public roads or roads used and maintained for National Forest
System purposes;
    (ii) 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 which
generally might include searching for and occasionally removing small
mineral samples or specimens, gold panning, metal detecting, non-
motorized hand sluicing, using

[[Page 195]]

battery operated dry washers, and collecting of mineral specimens using
hand tools;
    (iii) Marking and monumenting a mining claim;
    (iv) Underground operations which will not cause significant surface
resource disturbance;
    (v) Operations, which in their totality, will not cause surface
resource disturbance which is substantially different than that caused
by other users of the National Forest System who are not required to
obtain a Forest Service special use authorization, contract, or other
written authorization;
    (vi) Operations which will not involve the use of mechanized
earthmoving equipment, such as bulldozers or backhoes, or the cutting of
trees, unless those operations otherwise might cause a significant
disturbance of surface resources; or
    (vii) Operations for which a proposed plan of operations is
submitted for approval;
    (2) The District Ranger will, within 15 days of receipt of a notice
of intent to operate, notify the operator if approval of a plan of
operations is required before the operations may begin.
    (3) An operator shall submit a proposed plan of operations to the
District Ranger having jurisdiction over the area in which operations
will be conducted in lieu of a notice of intent to operate if the
proposed operations will likely cause a significant disturbance of
surface resources. An operator also shall submit a proposed plan of
operations, or a proposed supplemental plan of operations consistent
with Sec. 228.4(d), to the District Ranger having jurisdiction over the
area in which operations are being conducted if those operations are
causing a significant disturbance of surface resources but are not
covered by a current approved plan of operations. The requirement to
submit a plan of operations shall not apply to the operations listed in
paragraphs (a)(1)(i) through (v). The requirement to submit a plan of
operations also shall not apply to operations which will not involve the
use of mechanized earthmoving equipment, such as bulldozers or backhoes,
or the cutting of trees, unless those operations otherwise will likely
cause a significant disturbance of surface resources.
    (4) If the District Ranger determines that any operation is causing
or will likely cause significant disturbance of surface resources, the
District Ranger shall notify the operator that the operator must submit
a proposed plan of operations for approval and that the operations can
not be conducted until a plan of operations is approved.
    (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.

[[Page 196]]

    (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 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,

[[Page 197]]

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; 69 FR 41430, July 9, 2004; 70
FR 32731, June 6, 2005]



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 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

[[Page 198]]

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 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;

[[Page 199]]

    (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:
    (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.

[[Page 200]]

    (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.

    Appeal of decisions of an authorized officer made pursuant to this
subpart is governed by 36 CFR part 214 or 215.

[78 FR 33724, June 5, 2013]



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 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

[[Page 201]]

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.



                       Subpart B_Leasable Minerals



Sec. Sec. 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.

[[Page 202]]

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 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

[[Page 203]]

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 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 mineral material deposit on
acquired National Forest lands within specific

[[Page 204]]

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.
    (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
Sec. Sec. 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

[[Page 205]]

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).
    (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

[[Page 206]]

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 deferred payment contract, a bond equaling 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;
    (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

[[Page 207]]

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 permittee 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 if 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 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

[[Page 208]]

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 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

[[Page 209]]

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 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

[[Page 210]]

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 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 Sec. Sec. 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.

[[Page 211]]



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 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 prescribed
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 Sec. Sec. 228.58, 228.59, or 228.62.

[[Page 212]]



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 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 cancel the
contract, and all previous payments will be forfeited without prejudice
to any other rights and remedies of the United States.
    (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.

[49 FR 29784, July 24, 1984, as amended at 78 FR 33724, June 5, 2013]



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) Cancellation. (1) If the contract is cancelled by the authorized
officer for reasons which are beyond the purchaser's control; or
    (2) If the contract is cancelled by mutual agreement. This refund
provision is not a warranty that a specific quantity of material exists
in the sale area.

[49 FR 29784, July 24, 1984, as amended at 78 FR 33724, June 5, 2013]

[[Page 213]]



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,
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

[[Page 214]]

    (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 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

[[Page 215]]

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 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 officer 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

[[Page 216]]

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-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.

[[Page 217]]

    (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 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) Surface Use Plans of Operations and Master Development Plans.
Operators shall submit Surface Use Plans of Operations or Master
Development Plans in accordance with Onshore Oil and Gas Order No. 1.
Approval of a Master Development Plan constitutes a decision to approve
Surface Use Plans of Operations submitted as a part of the Master
Development Plan. Subsequently submitted Surface Use Plans of Operations
shall be reviewed to verify that they are consistent with the approved
Master Development Plan and whether additional NEPA documentation or
consultation pursuant to the National Historic Preservation Act or the
Endangered Species Act is required. If the review determines that
additional documentation is required, the Forest Service will review the
additional documentation or consult as appropriate and make an
independent decision regarding the subsequently submitted Surface Use
Plan of Operations, and notify the BLM and the operator whether the
Surface Use Plan of Operations is approved.
    (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.

[55 FR 10444, Mar. 21, 1990, as amended at 72 FR 10328, Mar. 7, 2007]

[[Page 218]]



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 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
Management office and the operator as soon as such delay becomes
apparent, either in writing or orally with

[[Page 219]]

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
writing, 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 surface use plan of operations and
include in the notice that the decision is subject to appeal under 36
CFR part 214 or 215.
    (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.

[55 FR 10444, Mar. 21, 1990, as amended at 72 FR 10328, Mar. 7, 2007; 78
FR 33724, June 5, 2013]



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 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

[[Page 220]]

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 identifying 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
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

[[Page 221]]

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 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, subchapter 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.

[[Page 222]]



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 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

[[Page 223]]

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 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

[[Page 224]]

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 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

[[Page 225]]

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 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

[[Page 226]]

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.



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

[[Page 227]]

    (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.



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



     Subpart A_Community Forest and Open Space Conservation Program

Sec.
230.1 Purpose and scope.
230.2 Definitions.
230.3 Application process.
230.4 Application requirements.
230.5 Ranking criteria and proposal selection.
230.6 Project costs and cost share requirements.
230.7 Grant requirements.
230.8 Acquisition requirements.
230.9 Ownership and use requirements.
230.10 Technical assistance funds.

        Subpart B_Urban and Community Forestry Assistance Program

230.20 Scope and authority.
230.21 Implementation of the program.

                Subpart C_Forest Land Enhancement Program

230.30 Purpose and scope.
230.31 Definitions.
230.32 National program administration.
230.33 Responsible official program administration.
230.34 State program administration.
230.35 FLEP elements.
230.36 State priority plan--purpose and scope.
230.37 State priority plan--educational assistance component.
230.38 State priority plan--technical assistance.
230.39 State priority plan--financial assistance component.
230.40 Eligible practices for cost-share assistance.
230.41 Eligibility requirements for cost-share assistance.
230.42 Cost-share assistance--application and payment procedures.
230.43 Cost-share assistance--prohibited practices.
230.44 Cost-share assistance--reporting requirement.
230.45 Recapture of cost-share assistance.
230.46 Information collection requirements.

    Authority: 16 U.S.C. 2103(d) & 2109(e).

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



     Subpart A_Community Forest and Open Space Conservation Program

    Source: 76 FR 65130, Oct. 20, 2011, unless otherwise noted.



Sec. 230.1  Purpose and scope.

    (a) The regulations of this subpart govern the rules and procedures
for the Community Forest and Open Space Conservation Program (CFP),
established under Section 7A of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2103d). Under the CFP, the Secretary of Agriculture,
acting through the Chief of the Forest Service, awards grants to local
governments, Indian tribes, and qualified nonprofit organizations to
establish community forests for community benefits by acquiring and
protecting private forestlands.
    (b) The CFP applies to eligible entities within any of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, the Commonwealth of the Northern
Mariana Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, and the territories and
possessions of the United States.



Sec. 230.2  Definitions.

    The terms used in this subpart are defined as follows:
    Borrowed funds. Funds used for the purpose of cost share which would
encumber the subject property, in whole or in part, to another party.
    Community benefits. One or more of the following:
    (1) Economic benefits such as timber and non-timber products
resulting from sustainable forest management and tourism;

[[Page 228]]

    (2) Environmental benefits, including clean air and water,
stormwater management, and wildlife habitat;
    (3) Benefits from forest-based experiential learning, including K-12
conservation education programs; vocational education programs in
disciplines such as forestry and environmental biology; and
environmental education through individual study or voluntary
participation in programs offered by organizations such as 4-H, Boy or
Girl Scouts, Master Gardeners, etc.;
    (4) Benefits from serving as replicable models of effective forest
stewardship for private landowners; and,
    (5) Recreational benefits such as hiking, hunting and fishing
secured with public access.
    Community forest. Forest land owned in fee-simple by an eligible
entity that provides public access and is managed to provide community
benefits pursuant to a community forest plan.
    Community forest plan. A tract-specific plan that guides the
management and use of a community forest, was developed with community
involvement, and includes the following components:
    (1) A description of the property, including acreage and county
location, land use, forest type and vegetation cover;
    (2) Objectives for the community forest;
    (3) Community benefits to be achieved from the establishment of the
community forest;
    (4) Mechanisms promoting community involvement in the development
and implementation of the community forest plan;
    (5) Implementation strategies for achieving community forest plan
objectives;
    (6) Plans for the utilization or demolition of existing structures
and proposed needs for further improvements;
    (7) Planned public access, including proposed limitations to protect
cultural or natural resources, or public health and safety. In addition,
local governments and qualified nonprofits need to provide a rationale
for any proposed limitations; and
    (8) A description for the long-term use and management of the
property.
    Eligible entity. A local governmental entity, Indian tribe, or a
qualified nonprofit organization that is qualified to acquire and manage
land.
    Eligible lands. Private forest lands that:
    (1) Are threatened by conversion to nonforest uses;
    (2) Are not lands held in trust by the United States; and
    (3) If acquired by an eligible entity, can provide defined community
benefits under the CFP and allow public access.
    Equivalent officials of Indian tribes. An individual designated and
authorized by the Indian tribe.
    Federal appraisal standards. The current Uniform Appraisal Standards
for Federal Land Acquisitions developed by the Interagency Land
Acquisition Conference (also known as the yellow book).
    Fee-simple. Absolute interest in real property, versus a partial
interest such as a conservation easement.
    Forest lands. Lands that are at least five acres in size, suitable
to sustain natural vegetation, and at least 75 percent forested. Forests
are determined both by the presence of trees and the absence of
nonforest uses.
    Grant recipient: An eligible entity that receives a grant from the
U.S. Forest Service through the CFP.
    Indian tribe. Defined by Section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b); for purposes of this
rule, Indian tribe includes federally recognized Indian tribes and
Alaska Native Corporations.
    Landscape conservation initiative. A landscape conservation
initiative, as defined in this final rule, is a landscape-level
conservation or management plan or activity that identifies conservation
needs and goals of a locality, state, or region. Examples of initiatives
include community green infrastructure plans, a community or county land
use plan, Indian tribe's area of interest/homelands plans, a Statewide
Forest Resource Assessment and Strategy, etc. The conservation goals
identified in the plan must correspond with the community and
environmental benefits outlined for the CFP.

[[Page 229]]

    Local governmental entity. Any municipal government, county
government, or other local government body with jurisdiction over local
land use decisions as defined by Federal or State law.
    Nonforest uses. Activities that threaten forest cover and are
inconsistent with the community forest plan, and include the following:
    (1) Subdivision;
    (2) Residential development, except for a caretaker building;
    (3) Mining and nonrenewable resource extraction, except for
activities that would not require surface disturbance of the community
forest such as directional drilling for oil and gas development or
onsite use of gravel from existing gravel pits;
    (4) Industrial use, including the manufacturing of products;
    (5) Commercial use, except for sustainable timber or other renewable
resources, and limited compatible commercial activities to support
cultural, recreational and educational use of the community forest by
the public; and
    (6) Structures and facilities, except for compatible recreational
facilities, concession and educational kiosks, energy development for
onsite use, facilities associated with appropriate forest management and
parking areas; said structures, facilities and parking areas must have
minimal impacts to forest and water resources.
    Qualified nonprofit organization. Defined by the CFP authorizing
statute (Pub. L. 110-234; 122 Stat. at 1281), an organization that is
described in Section 170(h)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 170(h)(3)) and operates in accordance with one or more of the
conservation purposes specified in Section 170(h)(4)(A) of that Code (26
U.S.C. 170(h)(4)(A)). For the purposes of the CFP, a qualified nonprofit
organization must meet the following requirements:
    (1) Consistent with regulations of the Internal Revenue Service at
26 CFR 1.170A-14(c)(1):
    (i) Have a commitment to protect in perpetuity the purposes for
which the tract was acquired under the CFP; and
    (ii) Demonstrate that it has the resources to enforce the protection
of the property as a community forest as a condition of acquiring a
tract under the CFP.
    (2) Operate primarily or substantially in accordance with one or
more of the conservation purposes specified in Section 170(h)(4)(A) of
I.R.S. code (26 U.S.C. 170(h)(4)(A)). Conservation purposes include:
    (i) The preservation of land areas for outdoor recreation by, or for
the education of, the general public,
    (ii) The protection of a relatively natural habitat of fish,
wildlife, or plants, or similar ecosystem,
    (iii) The preservation of open space (including farmland and forest
land) where such preservation is for the scenic enjoyment of the general
public, or pursuant to a clearly delineated Federal, State, or local
governmental conservation policy, and will yield a significant public
benefit, or
    (iv) The preservation of a historically important land area or a
certified historic structure.
    Public access. Access that is provided on a non-discriminatory basis
at reasonable times and places, but may be limited to protect cultural
and natural resources or public health and safety.
    State Forester. The State employee who is responsible for
administration and delivery of forestry assistance within a State, or
equivalent official.



Sec. 230.3  Application process.

    (a) The Forest Service will issue a national request for
applications (RFA) for grants under the CFP. The RFA will be posted to
http://www.grants.gov as well as other venues. The RFA will include the
following information outlined in this final rule:
    (1) The process for submitting an application;
    (2) Application requirements (Sec. 230.4);
    (3) Review process and criteria that will be used by the Forest
Service (Sec. 230.5); and
    (4) Other conditions determined appropriate by the Forest Service.
    (b) Pursuant to the RFA, interested eligible entities will submit an
application for program participation to:
    (1) The State Forester or equivalent official, for applications by
local governments and qualified nonprofit organizations, or

[[Page 230]]

    (2) The equivalent officials of the Indian tribe, for applications
submitted by an Indian tribe.
    (c) Interested eligible entities will also notify the Forest
Service, pursuant to the RFA, when submitting an application to the
State Forester or equivalent officials of the Indian tribe.
    (d) The State Forester or equivalent official of the Indian tribe
will forward all applications to the Forest Service, and, as time and
resources allow:
    (1) Provide a review of each application to help the Forest Service
determine:
    (i) That the applicant is an eligible entity;
    (ii) That the land is eligible;
    (iii) That the proposed project has not been submitted for funding
consideration under the Forest Legacy Program; and
    (iv) Whether the project contributes to a landscape conservation
initiative.
    (2) Describe what technical assistance provided through CFP they may
render in support of implementing the proposed community forest project
and an estimate of needed financial assistance (Sec. 230.10).
    (e) A proposed application cannot be submitted for funding
consideration simultaneously for both the CFP and the Forest Service's
Forest Legacy Program (16 U.S.C. 2103c).



Sec. 230.4  Application requirements.

    The following section outlines minimum application requirements, but
the RFA may include additional requirements.
    (a) Documentation verifying that the applicant is an eligible entity
and that the proposed acquisition is of eligible lands.
    (b) Applications must include the following regarding the property
proposed for acquisition:
    (1) A description of the property, including acreage and county
location;
    (2) A description of current land uses, including improvements;
    (3) A description of forest type and vegetative cover;
    (4) A map of sufficient scale to show the location of the property
in relation to roads and other improvements as well as parks, refuges,
or other protected lands in the vicinity;
    (5) A description of applicable zoning and other land use
regulations affecting the property;
    (6) Relationship of the property within and its contributions to a
landscape conservation initiative; and
    (7) A description of any threats of conversion to nonforest uses.
    (c) Information regarding the proposed establishment of a community
forest, including:
    (1) A description of the benefiting community, including
demographics, and the associated benefits provided by the proposed land
acquisition;
    (2) A description of the community involvement to date in the
planning of the community forest and of the community involvement
anticipated in its long-term management;
    (3) An identification of persons and organizations that support the
project and their specific role in acquiring the land and establishing
and managing the community forest; and
    (4) A draft community forest plan. The eligible entity is encouraged
to work with the State Forester or equivalent official of the Indian
tribe for technical assistance when developing or updating the Community
Forest Plan. In addition, the eligible entity is encouraged to work with
technical specialists, such as professional foresters, recreation
specialists, wildlife biologists, or outdoor education specialists, when
developing the Community Forest Plan.
    (d) Information regarding the proposed land acquisition, including:
    (1) A proposed project budget (Sec. 230.6);
    (2) The status of due diligence, including signed option or purchase
and sale agreement, title search, minerals determination, and appraisal;
    (3) Description and status of cost share (secure, pending,
commitment letter, etc.) (Sec. 230.6);
    (4) The status of negotiations with participating landowner(s)
including purchase options, contracts, and other terms and conditions of
sale;
    (5) The proposed timeline for completing the acquisition and
establishing the community forest; and
    (6) Long term management costs and funding source(s).

[[Page 231]]

    (e) Applications must comply with the Uniform Federal Assistance
Regulations (7 CFR part 3015).
    (f) Applications must also include the forms required to process a
Federal grant. Section 230.7 references the grant forms that must be
included in the application and the specific administrative requirements
that apply to the type of Federal grant used for this program.



Sec. 230.5  Ranking criteria and proposal selection.

    (a) Using the criteria described below, to the extent practicable,
the Forest Service will give priority to an application that maximizes
the delivery of community benefits, as defined in this final rule,
through a high degree of public participation; and
    (b) The Forest Service will evaluate all applications received by
the State Foresters or equivalent officials of the Indian tribe and
award grants based on the following criteria:
    (1) Type and extent of community benefits provided. Community
benefits are defined in this final rule as:
    (i) Economic benefits such as timber and non-timber products;
    (ii) Environmental benefits, including clean air and water,
stormwater management, and wildlife habitat;
    (iii) Benefits from forest-based experiential learning, including K-
12 conservation education programs; vocational education programs in
disciplines such as forestry and environmental biology; and
environmental education through individual study or voluntary
participation in programs offered by organizations such as 4-H, Boy or
Girl Scouts, Master Gardeners, etc;
    (iv) Benefits from serving as replicable models of effective forest
stewardship for private landowners; and
    (v) Recreational benefits such as hiking, hunting and fishing
secured through public access.
    (2) Extent and nature of community engagement in the establishment
and long-term management of the community forest;
    (3) Amount of cost share leveraged;
    (4) Extent to which the community forest contributes to a landscape
conservation initiative;
    (5) Extent of due diligence completed on the project, including cost
share committed and status of appraisal;
    (6) Likelihood that, unprotected, the property would be converted to
nonforest uses;
    (7) Costs to the Federal government; and
    (8) Additional considerations as may be outlined in the RFA.



Sec. 230.6  Project costs and cost share requirements.

    (a) The CFP Federal contribution cannot exceed 50 percent of the
total project costs.
    (b) Allowable project and cost share costs will include the purchase
price and the following transactional costs associated with the
acquisition: appraisals and appraisal reviews, land surveys, legal and
closing costs, development of the community forest plan, and title
examination. The following principles and procedures will determine
allowable costs for grants:
    (1) For local and Indian tribal governments, refer to 2 CFR Part
225, Cost Principles for State, Local, and Indian Tribal Governments
(OMB Circular A-87) .
    (2) For qualified nonprofit organizations, refer to 2 CFR Part 230,
Cost Principles for Non-Profit Organizations (OMB Circular A-122).
    (c) Project costs do not include the following:
    (1) Long-term operations, maintenance, and management of the land;
    (2) Construction of buildings or recreational facilities;
    (3) Research;
    (4) Existing liens or taxes owed; and
    (5) Costs associated with preparation of the application, except any
allowable project costs specified in section 230.6(b) completed as part
of the application.
    (d) Cost share contributions can include cash, in-kind services, or
donations and must meet the following requirements:
    (1) Be supported by grant regulations described above;
    (2) Not include other Federal funds unless specifically authorized
by Federal statute;

[[Page 232]]

    (3) Not include non-Federal funds used as cost share for other
Federal programs;
    (4) Not include funds used to satisfy mandatory or compensatory
mitigation requirements under a Federal regulation, such as the Clean
Water Act, the River and Harbor Act, or the Endangered Species Act;
    (5) Not include borrowed funds; and
    (6) Be accomplished within the grant period.
    (e) Cost share contributions may include the purchase or donation of
lands located within the community forest as long as it is provided by
an eligible entity and legally dedicated to perpetual land conservation
consistent with CFP program objectives; such donations need to meet the
requirements specified under Sec. 230.8 Acquisition requirements
(a)(1)(ii).
    (f) For the purposes of calculating the cost share contribution, the
grant recipient may request the inclusion of project due diligence
costs, such as title review and appraisals, that were incurred prior to
issuance of the grant. These pre-award costs may occur up to one year
prior to the issuance of the grant, but cannot include the purchase of
CFP land, including cost share tracts.



Sec. 230.7  Grant requirements.

    (a) The following grant forms and supporting materials must be
included in the application:
    (1) An Application for Federal Assistance (Standard Form 424);
    (2) Budget information (Standard Form SF 424c--Construction
Programs);
    (3) Assurances of compliance with all applicable Federal laws,
regulations, and policies (Standard Form 424d--Construction Programs);
and
    (4) Additional forms, as may be required.
    (b) Once an application is selected, funding will be obligated to
the grant recipient through a grant.
    (c) The initial grant period will be two years, and acquisition of
lands should occur within that timeframe. The grant may be reasonably
extended by the Forest Service when necessary to accommodate unforeseen
circumstances in the land acquisition process.
    (d) The grant paperwork must adhere to grant requirements listed
below:
    (1) Local and Indian tribal governments should refer to 2 CFR Part
225 Cost Principles for State, Local, and Indian Tribal Governments (OMB
Circular A-87) and 7 CFR Part 3016 (Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments)
for directions.
    (2) Nonprofit organizations should refer to 2 CFR Part 215 Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit
Organizations (OMB Circular A-110) and 7 CFR Part 3019 Uniform
Administrative Requirements for Grants and Cooperative Agreements with
Institutions of Higher Education, Hospitals, and other Nonprofit
Organizations for directions.
    (e) Forest Service must approve any amendment to a proposal or
request to reallocate funding within a grant proposal. If negotiations
on a selected project fail, the applicant cannot substitute an
alternative site.
    (f) The grant recipient must comply with the requirements in Sec.
230.8 before funds will be released.
    (g) After the project has closed, as a requirement of the grant,
grant recipients will be required to provide the Forest Service with a
Geographic Information System (GIS) shapefile: a digital, vector-based
storage format for storing geometric location and associated attribute
information, of CFP project tracts and cost share tracts, if applicable.
    (h) Any funds not expended within the grant period must be de-
obligated and revert to the Forest Service for redistribution.
    (i) All media, press, signage, and other documents discussing the
creation of the community forest must reference the partnership and
financial assistance by the Forest Service through the CFP.



Sec. 230.8  Acquisition requirements.

    (a) Grant recipients participating in the CFP must complete the
following,

[[Page 233]]

which applies to all tracts, including cost share tracts:
    (1) Complete an appraisal:
    (i) For lands purchased with CFP funds, the appraisal must comply
with Federal Appraisal Standards prior to the release of the grant
funds. The grant recipient must provide documentation that the appraisal
and associated appraisal review were conducted in a manner consistent
with the Federal appraisal standards.
    (ii) For donated cost share tracts, the market value must be
determined by an independent appraiser. The value needs to be documented
by a responsible official of the party to which the property is donated.
    (2) Prior to closing, notify the landowner in writing of the
appraised value of the property and that the sale is voluntary. If the
grant recipient has a voluntary option for less than appraised value,
they do not have to renegotiate the agreement.
    (3) Purchase all surface and subsurface mineral rights, whenever
possible. However, if severed mineral rights cannot be obtained, then
the grant recipient must follow the retention of qualified mineral
interest requirements outlined in the Internal Revenue Service
regulations (26 CFR 1.170A-14 (g)(4)), which address both surface and
subsurface minerals.
    (4) Ensure that title to lands acquired conforms to title standards
applicable to State land acquisitions where the land is located:
    (i) Title to lands acquired using CFP funds must not be subject to
encumbrances or agreements of any kind that would be contrary to the
purpose of the CFP.
    (ii) Title insurance must not be a substitute for acceptable title.
    (5) Record with the deed in the lands record of the local county or
municipality, a Notice of Grant Requirement, which includes the
following:
    (i) States that the property (including cost share tracts) was
purchased with CFP funds;
    (ii) Provides a legal description;
    (iii) Identifies the name and address of the grant recipient who is
the authorized title holder;
    (iv) States the purpose of the CFP;
    (v) References the Grant Agreement with the Forest Service (title
and agreement number) and the address where it is kept on file;
    (vi) States that the grant recipient confirms its obligation to
manage the interest in real property pursuant to the grant, the
Community Forest Plan, and the purpose of the CFP;
    (vii) States that the grant recipient will not convey or encumber
the interest in real property, in whole or in part, to another party;
and
    (viii) States that the grant recipient will manage the interest in
real property consistent with the purpose of the CFP.



Sec. 230.9  Ownership and use requirements.

    (a) Grant recipient shall complete the final community forest plan
within 120 days of the land acquisition, and must update the plan
periodically to guide the management and the community benefits of the
community forest.
    (b) Grant recipient shall provide appropriate public access.
    (c) In the event that a grant recipient sells or converts to
nonforest uses or a use inconsistent with the purpose of the CFP, a
parcel of land acquired under the CFP, the grant recipient shall:
    (1) Pay the United States an amount equal to the current sale price
or the current appraised value of the parcel, whichever is greater; and
    (2) Not be eligible for additional grants under the CFP.
    (d) For Indian tribes, land acquired using a grant provided under
the CFP must not be sold, converted to nonforest uses or a use
inconsistent with the purpose of the CFP, or converted to land held in
trust by the United States on behalf of any Indian tribe.
    (e) Every five years, the grant recipients will submit to the Forest
Service a self-certifying statement that the property has not been sold
or converted to nonforest uses or a use inconsistent with the purpose of
the CFP.
    (f) Grant recipients will be subject to a spot check conducted by
the Forest Service to verify that property acquired under the CFP has
not been sold or converted to nonforest uses or a use

[[Page 234]]

inconsistent with the purpose of the CFP.



Sec. 230.10  Technical assistance funds.

    CFP technical assistance funds may be provided to State Foresters or
equivalent officials of Indian tribes through an administrative grant to
help implement community forest projects funded through the CFP, and as
a result, funds will only be provided to States or Indian tribes with a
CFP project funded within their jurisdiction. Section 7A (f) of the
authorizing statute limits the funds made available for program
administration and technical assistance to no more than 10% of all funds
made available to carry out the program for each fiscal year.



        Subpart B_Urban and Community Forestry Assistance Program

    Source: 65 FR 57549, Sept. 25, 2000, unless otherwise noted.



Sec. 230.20  Scope and authority.

    The Urban and Community Forestry Assistance Program is authorized by
Section 9 of the Cooperative Forestry Assistance Act of 1978, as amended
(16 U.S.C. 2105). The scope of this authority includes the provision of
technical, financial, and related assistance to State and local
governments, non-profits, and other members of the public to: maintain,
expand, and preserve forest and tree cover; expand research and
education efforts related to trees and forest cover; enhance technical
skills and understanding of tree maintenance and practices involving
cultivation of trees, shrubs and complementary ground covers; and
implementing a tree planting program to complement urban tree
maintenance and open space programs. The Secretary has delegated the
authority for implementing the program to the Chief of the Forest
Service under 7 CFR 2.60(a)(16).



Sec. 230.21  Implementation of the program.

    (a) The Urban and Community Forestry Assistance Program is
implemented through the Forest Service Grants, Cooperative Agreements,
and Other Agreements Program (FSM 1580) and the Grants, Cooperative
Agreements, and Other Agreements Handbook (FSH 1509.11). The Forest
Service Manual and Handbook are available from the Forest Service
internet homepage or at National Forest offices.
    (b) The Forest Service, under the authority of the Cooperative
Forestry Assistance Act of 1978 and through the Urban and Community
Forestry Assistance Program, coordinates financial, technical, and
related assistance with the Natural Resources Conservation Service for
the Urban Resources Partnership initiative. The Natural Resources
Conservation Service provides similar assistance through the Urban
Resources Partnership initiative under the authority of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590a-590f). The Urban
Resources Partnership is an initiative in which Federal agencies, in
cooperation with State and local agencies, community groups, and non-
governmental organizations endeavor to be more effective, responsive,
and efficient in working together to protect, improve, and rehabilitate
the environment in urban areas of the Nation. The Forest Service and
Natural Resources Conservation Service implement the Urban Resources
Partnership initiative under the ``Urban Resources Partnership National
Guidance for U.S. Department of Agriculture Personnel'' and applicable
agency and departmental procedures for Federal grants and cooperative
agreements. Copies of the Guidance may be obtained from the Cooperative
Forestry Staff, Forest Service, USDA, P.O. Box 96090, Washington, DC
20090-6090.



                Subpart C_Forest Land Enhancement Program

    Source: 68 FR 34314, June 9, 2003, unless otherwise noted.



Sec. 230.30  Purpose and scope.

    (a) The regulations in this subpart govern the operation of the
Forest Land Enhancement Program (hereafter, FLEP) as provided in Section
4 of the Cooperative Forestry Assistance Act (16 U.S.C. 2101 et seq.),
as amended by title VIII of the Farm Security and Rural Investment Act
of 2002 (Pub. L.

[[Page 235]]

107-171). The purpose of FLEP is to provide a coordinated and
cooperative Federal, State, and local sustainable forestry program for
the establishment, management, maintenance, enhancement, and restoration
of forests on nonindustrial private forest land.
    (b) The educational assistance, resource management expertise, and
financial assistance provided under FLEP shall complement any existing
Federal or State programs or programs offered through institutions of
higher learning providing assistance to nonindustrial private forest
landowners. FLEP promotes improved coordination and cooperation among
Federal, State, and local programs regarding the establishment,
maintenance, enhancement, and restoration of nonindustrial private
forestlands.
    (c) Participation in FLEP is voluntary on the part of both the State
and the nonindustrial forest landowner. To participate, each State must
have nonindustrial private forest lands, a State Forester or equivalent,
and a State Forest Stewardship Coordinating Committee.



Sec. 230.31  Definitions.

    The terms used in this subpart are defined as follows:
    Capital investment or improvement. Durable equipment or assets
capable of being amortized or depreciated over a period of 3 or more
years, not including activities or practices carried out as part of the
Forest Land Enhancement Program (FLEP) cost-share element.
    Catastrophic natural event. Destructive natural event, which
includes, but is not limited to, wildfires, insect infestations, disease
outbreaks, droughts, floods, windstorms, freezing, ice storms, hail,
sleet, mudslides, landslides, earthquakes, avalanches, tornadoes,
volcanoes, hurricanes, or tsunamis.
    Chief. The Chief of the Forest Service, United States Department of
Agriculture.
    Committee. The State Forest Stewardship Coordinating Committee.
    Concurrence. Review, verification, and confirmation by the
Responsible Official that the State priority plan contains all of the
key elements required by law and the rules of this subpart.
    Cost-share. A program payment, on a reimbursable basis, at a maximum
of 75 percent of the cost incurred by a landowner for implementation of
a State-approved activity or practice authorized under FLEP.
    Financial assistance. Funds disbursed as an award by the Federal
Government to an eligible party from the FLEP annual apportionment, in
the form of money, including grants, agreements, contracts, and other
arrangements.
    Fiscal year. The accounting period, used by the United States
Government, from October 1 through September 30.
    Landowner. An individual, group, association, corporation, Indian
Tribe, or other legal private entity owning nonindustrial private forest
land or a person who receives concurrence from the landowner for
practice implementation and who holds a lease on the land for a minimum
of 10 years. Corporations whose stocks are publicly traded or owners
principally engaged in the primary processing of raw wood products are
excluded.
    Management plan. A written plan prepared by a service representative
and approved by a State Forester.
    Nonindustrial private forest land. Rural lands with existing tree
cover, or which are suitable for growing trees, that are owned by any
landowner as defined in this section.
    Practice. A prescribed, natural resource management activity that is
consistent with a practice plan and implemented through FLEP to enhance
the multiple resource values and benefits and that results in improved
conditions on nonindustrial private forest land. A practice may consist
of multiple components.
    Practice plan. A plan prepared by a service representative and
approved by the State Forester that documents the specific practices
that are to occur as a result of a landowner application for cost-share.
A practice plan may be a stand-alone document or it may be a part of a
management plan.
    Responsible official. USDA Forest Service Regional Forester, Area
Director, or Institute Director charged with the administration of FLEP.

[[Page 236]]

    Service representative. Any person who is recognized by a State
Forester as having the knowledge and skills to develop management plans,
understanding of the economic and environmental interrelationships of
forestry and/or agroforestry resources, and the ability to identify
appropriate activities to manage, protect, or enhance such resources.
The State Forester designates service representatives as the line
officers to perform specified FLEP elements.
    State. Includes each of the States in the United States, and the
Commonwealth of Puerto Rico, the Virgin Islands of the United States,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
    State Forester. The director or other head of a State forestry
agency or equivalent State official.
    State priority plan. The document required from a State to
participate in FLEP. A State Forester jointly prepares this plan with
the State Forest Stewardship Coordinating Committee to facilitate long-
term sustainability of nonindustrial private forest lands within the
State.



Sec. 230.32  National program administration.

    (a) The Chief shall develop and implement FLEP in partnership with
State forestry agencies and in consultation with other Federal, State,
and local natural resource management agencies, institutions of higher
learning, and a broad range of private sector interests.
    (b) In collaboration with State Foresters, the Chief of the Forest
Service and Responsible Officials shall oversee developing and
implementing FLEP policy and procedure, including the monitoring of
program results over the life of FLEP to ensure that environmental,
economic, and social values and public benefits are derived from the
program.
    (c) The Chief shall annually distribute such funds as may be
available for FLEP to the Responsible Official(s) for each of the three
geographic funding areas based on the criteria set out in the Forest
Service Manual Chapter 3310.
    (d) In developing allocation factors for making FLEP distributions
under this subpart,
    (1) The Chief shall consult with the State Foresters through their
Forest Resource Management Committee, a standing committee of the
National Association of State Foresters, or its successor.
    (2) Allocation factors shall be based on National data sources that
address the current status of forest lands of each State or Territory
participating in FLEP. Data must be measurable, inclusive of all States,
objective, and reliable. The data will address those factors described
in the Cooperative Forestry Assistance Act (16 U.S.C. 2103(i),
Distribution of Cost-Share Funds).
    (e) National priorities for FLEP shall reflect the Department and
Forest Service priorities for nonindustrial private forest land as
provided in the Forest Service Manual Chapter 3310.
    (f) The Responsible Official(s) in each of the three geographic
funding areas shall coordinate with their respective State Foresters to
determine the final allocation to each State based on the following:
    (1) National priorities;
    (2) National allocation factors;
    (3) Regional and State-wide priorities;
    (4) Ability of the State to deliver FLEP; and
    (5) Direction in the Forest Service Manual Chapter 3310.
    (g) FLEP financial assistance may be disbursed to a third party that
will assist in program delivery. The Forest Service may disburse funds
directly to a third party, which may include, but is not limited to,
Federal, State, or local agencies, and landowner, nonprofit, or private
organizations, with written approval by the State Forester.
    (h) Except as provided at Sec. 230.34(d), no financial assistance
shall be provided by the Forest Service to a State Forester or any third
party, until the Responsible Official has concurred with the State's
priority plan.
    (i) The Chief has final authority to resolve all issues that may
arise in the administration of FLEP.
    (j) The Forest Service shall provide National and regional
administrative and financial support and oversight

[[Page 237]]

through distribution of available FLEP funds to State Foresters and
through monitoring, review, and evaluation of FLEP activities and
accomplishments.
    (k) FLEP funds may not be used by States for capital investments or
capital improvements unless specifically authorized in a funding
document and must be limited to $5,000. The limitation on capital
improvements excludes practices and activities cost-shared with
landowners through FLEP.
    (l) Funds may not be authorized in the financial assistance document
or used for the purchase of land, any interest in land, or any interest
in an endowment.
    (m) By September 30, 2006, the Chief must submit a cumulative report
to the Secretary of Agriculture summarizing all the activities and
practices funded under FLEP as of that date.



Sec. 230.33  Responsible Official program administration.

    (a) The Responsible Official shall review and provide concurrence
with State priority plans, including any revisions of such plans.
    (b) The Responsible Official shall provide oversight for all aspects
of FLEP, including program reviews and shall ensure that the Forest
Service is represented on each State Forest Stewardship Coordinating
Committee.
    (c) The Responsible Official shall disburse funds to the State
Forester or their designated third parties in a timely manner.
    (d) The Responsible Official shall determine the final funds
distribution to States.
    (e) The funds will be distributed to individual States based on
criteria in Sec. 230.32 (f).
    (f) Policy in the Forest Service Manual Chapter 3310 will provide
additional direction for funding distribution.
    (g) The Responsible Official must submit an annual report to the
Chief summarizing all activities and practices funded through FLEP for
the previous fiscal year.
    (h) By September 1, 2006, the Responsible Official must submit a
cumulative report to the Chief summarizing all activities and practices
funded through FLEP as of June 1, 2006, along with copies of the reports
submitted from the participating States.



Sec. 230.34  State program administration.

    (a) In States electing to participate in FLEP, the State Forester
and the State Forest Stewardship Coordinating Committee, established
pursuant to section 19(b) of the Cooperative Forestry Assistance Act, as
amended (16 U.S.C. 2101, et seq.), shall jointly develop a State
priority plan. The plan must be submitted to the appropriate Responsible
Official for review and concurrence.
    (b) The State Forester shall develop, implement and administer FLEP
consistent with the State priority plan. The State Forester must ensure
that all activities are carried out properly and that all cost-shared
practices meet the appropriate standards and specifications.
    (c) No match of funds is required from the State for participation
in FLEP.
    (d) In order to facilitate development of FLEP any State may request
up to $50,000 of the first-year allocation in advance of Forest Service
concurrence with a State priority plan.
    (e) Each State participating in FLEP shall submit an annual report
to the respective Responsible Official, reporting all activities and
practices funded through FLEP for the previous fiscal year. The report
shall contain data on accomplishments by educational assistance,
technical assistance, and cost-share assistance based on State
objectives and measurable outcomes included in State priority plans.
    (f) By July 15, 2006, the State Forester of each State participating
in FLEP must submit to the respective Responsible Official a summary
report of all State activities and practices funded through FLEP as of
June 1, 2006.



Sec. 230.35  FLEP elements.

    (a) States may use FLEP funds to assist landowners in managing their
nonindustrial private forest lands and related resources through the
following elements:
    (1) Development and implementation of educational programs;

[[Page 238]]

    (2) Resource management expertise and technical assistance; and
    (3) Financial assistance through cost-share programs.
    (b) All participating States may use a portion of allocated funds
for FLEP administration costs.
    (c) States do not have to participate in all FLEP elements.



Sec. 230.36  State priority plan--purpose and scope.

    (a) The State priority plan shall be used to guide FLEP
implementation in each participating State through fiscal year 2007 and
can be revised as needed.
    (b) The State priority plan must describe the various roles and
responsibilities of the State Forester, State Forest Stewardship
Coordinating Committee, and other agencies and organizations in FLEP
planning, delivery, and accountability to the program objectives.
    (c) The State priority plan must contain the following:
    (1) Data from standard forest inventory and analysis reports on the
forest resources found within the State;
    (2) A description of concerns, issues, problems and threats related
to resource management for all nonindustrial private forest and
agroforestry resources;
    (3) Identification of the desired objectives and environmental,
economic, and social values and public benefits to be derived from FLEP;
    (4) An explanation of how FLEP funds are to be used to complement
efforts of sustainable forestry management already in place within the
State;
    (5) A rationale for, and a proposed distribution of, funds for the
FLEP elements listed at section 230.35 that the State plans to
implement; and
    (6) A description of the public participation process used in the
development of the plan, including outreach efforts to landowners with
limited resources.
    (d) If an existing State Forest Stewardship plan, as described at
section 19(b)(3) of the Cooperative Forestry Assistance Act (16 U.S.C.
2101, et seq.), adequately addresses some or all of the required
information, it may be incorporated into the State priority plan by
reference.
    (e) The State priority plan must also outline the State FLEP
priorities, policies, and procedures that will be implemented to
encourage landowners to practice sustainable management and to actively
conserve and enhance their forest resources.
    (f) Each FLEP element described in the State priority plan must
clearly state objectives and measurable outcomes to be achieved.
    (g) All activities performed using FLEP funds must be consistent
with the purpose of the program.



Sec. 230.37  State priority plan--educational assistance.

    (a) Educational assistance includes development and delivery of:
    (1) Activities;
    (2) Events;
    (3) Programs;
    (4) Curriculum;
    (5) Written materials;
    (6) Workshops;
    (7) Training sessions;
    (8) Web site construction and maintenance; or
    (9) Similar activities designed to bring landowners to an informed
decision point and accelerate adoption of sustainable forest practices
in a State.
    (b) If a State determines that all or some of its funds will be used
for education, the State priority plan must describe the types of
activities that will be covered, participating entities, expected
outcomes, and method(s) that will be used for documenting and evaluating
accomplishments.



Sec. 230.38  State priority plan--technical assistance.

    (a) Technical assistance includes, but is not limited to:
    (1) Agreements with other agencies, institutions of higher
education, natural resource consultants, or private organizations to
augment or complement existing services of a State Forestry agency;
    (2) Grants, agreements, contracts or other arrangements to provide
services to landowners not offered by a State;
    (3) Support of existing technical assistance delivery by State
forestry agencies or development of such technical assistance;

[[Page 239]]

    (4) The development or application of new tools or technology for
servicing landowners; or
    (5) Similar undertakings.
    (b) If a State determines that all or some of its funds will be used
for technical assistance, the State priority plan shall describe:
    (1) Who will provide the assistance;
    (2) Outreach efforts directed at specific groups or categories of
landowners;
    (3) Expected long- and short-term outcomes; and
    (4) Method(s) for documenting accomplishments.



Sec. 230.39  State priority plan--financial assistance.

    (a) Cost-share financial assistance includes a wide range of
activities and practices developed by a State Forester, in cooperation
with the State Forest Stewardship Coordinating Committee.
    (b) A State does not have to adopt a separate FLEP cost-share
program if a State cost-share program already exists that meets the
objectives of FLEP. However, FLEP funds must be accounted for in
accordance with Federal financial accounting standards. If an existing
cost-share program is used, a copy of the guidelines for that program
must be referenced and attached to the State priority plan.
    (c) If a State determines that all or some of its funds will be
placed into a cost-share program, the State priority plan must identify
and describe how the cost-share funds will be made available to
landowners participating in FLEP and expected outcomes and method(s) for
documenting and evaluating accomplishments.
    (d) The cost-share section of the State priority plan must include
all of the following information:
    (1) Describe any land ownership or annual acreage eligibility
limitation under FLEP that is more restrictive than that established by
the authorizing statute;
    (2) Describe any limitations for cost-share of management plans;
    (3) Define what constitutes a management plan if a State chooses to
adopt more restrictive requirements than those established in this
subpart; and
    (4) Identify aggregate payment limitations to any one landowner
receiving cost-share funds through FLEP.
    (e) The State priority plan must also describe how funds identified
for cost-share with landowners will be distributed and how cost-share
rates are determined and established for each practice.
    (f) The State priority plan must describe the application and
payment process for landowners interested in participating in and
receiving cost-share through FLEP (Sec. 230.42).
    (g) The State priority plan must also address the following steps
related to financial assistance:
    (1) Application procedure;
    (2) Approval process;
    (3) Performance period;
    (4) Cancellation of approvals;
    (5) Certification of performance;
    (6) Payment;
    (7) Maintenance and compliance;
    (8) Procedure for recapture of funds for non-compliance; and
    (9) Appeals procedures.



Sec. 230.40  Eligible practices for cost-share assistance.

    (a) The State priority plan must document and describe which of the
following eleven categories will be made available to landowners for
cost-share funding:
    (1) Management Plan Development--Development or revision of a
management plan that must meet the minimum standards of a Forest
Stewardship Plan (16 U.S.C. 2103a(f)(i)). The plan applies to those
portions of the landowner's property on which any practice or activity
funded under FLEP shall be carried out, as well as any property of the
owner that may be affected by the activity or practice. Management plans
are not subject to any acreage limits, and therefore cost-sharing such a
plan under FLEP is exempt from the 1,000-acre (or 5,000-acre) limit
unless restricted as described in the State priority plan.
    (2) Afforestation and Reforestation--Site preparation, planting,
seeding, or other practices to encourage natural regeneration or to
ensure forest establishment and carbon sequestration.

[[Page 240]]

    (3) Forest Stand Improvement--Practices to enhance growth and
quality of wood fiber, special forest products, and carbon
sequestration.
    (4) Agroforestry Implementation--Establishment, maintenance, and
renovation of windbreaks, riparian forest buffers, silvopasture, alley
cropping, or other agroforestry practices, including purposes for energy
conservation and carbon sequestration in conjunction with agriculture,
forest, and other land uses.
    (5) Water Quality Improvement and Watershed Protection--
Establishment, maintenance, renovation, and restoration practices,
including any necessary design and engineering to improve and protect
water quality, riparian areas, and forest wetlands and watersheds.
    (6) Fish and Wildlife Habitat Improvement--Establishment,
maintenance, and restoration practices to create, protect, or improve
fish and wildlife habitat, including any necessary design and
engineering.
    (7) Forest Health and Protection--Establishment of practices
primarily to detect, monitor, assess, protect, improve, or restore
forest health, including detection and control of insects, diseases, and
animal damage to established stands.
    (8) Invasive Species Control--Establishment, maintenance and
restoration practices primarily to detect, monitor, eradicate, or
control the spread of invasive species.
    (9) Wildfire and Catastrophic Risk Reduction--Establishment of
practices primarily to reduce the risk from wildfire and other
catastrophic natural events.
    (10) Wildfire and Catastrophic Event Rehabilitation--Establishment
of practices primarily to restore and rehabilitate forests following
wildfire and other catastrophic natural events.
    (11) Special Practices--Establishment, maintenance, and restoration
practices addressing other conservation concerns on nonindustrial
private forest lands as proposed by the State Forester and the
Committee, which must have concurrence by the responsible official.
    (b) A practice may consist of one or more components.



Sec. 230.41  Eligibility requirements for cost-share assistance.

    (a) All landowners of nonindustrial private forest land as defined
in Sec. 230.31 of this subpart, including those who engage in primary
processing of raw wood products on a part-time or intermittent basis and
who otherwise meet the requirements of this section, are eligible to
apply for and receive assistance under FLEP without regard to race,
color, religion, national origin, age, sex, disability, political
affiliation, sexual orientation, or marital or family status.
    (b) A landowner is eligible to receive funds under the cost-share
element of FLEP for treatment of not more than a total of 1,000 acres of
land annually, except where a State Forester, with the concurrence of a
responsible official, determines that significant public benefits would
accrue from approval of a landowner's treating up to 5,000 acres
annually. In making a determination of significant public benefits, the
State Forester and the responsible official shall consider, at a
minimum, whether landowners who treat more than 1,000 acres annually can
achieve cost-effective resource management objectives without unduly
excluding FLEP participation of other eligible landowners.
    (c) In order to meet the following minimum requirements to be
eligible to receive cost-share through FLEP for all practices except
development of a management plan, a landowner must:
    (1) Own the minimum acreage as established in the State priority
plan; however, in no case shall the minimum acreage requirement be
higher than 25 acres;
    (2) Agree to conduct land treatment(s) according to the landowner's
practice plan and to maintain FLEP practices for a minimum of 10 years,
unless the State Forester specifies a shorter duration. The 10-year
lifespan does not apply to recurring practices such as prescribed
burning, light disking in openings, herbicide application, and other
practices that are identified as needed in the management plan and
practice plan; and
    (3) Have a management plan submitted to the State Forester in which
the lands are located that meets any requirements established by the
State

[[Page 241]]

in its priority plan. Existing landowner management plans such as Tree
Farm management plans, Forest Stewardship management plans, or similar
plans may either meet, or can be amended to meet this requirement.
    (d) A leaseholder who has a long-term lease on the land to be
treated through FLEP must provide a copy of the lease to the State
Forester in order to be eligible to receive cost-share assistance.



Sec. 230.42  Cost-share assistance application and payment procedures.

    (a) Landowner applications for cost-share payments shall not be
approved unless cost-share funds are available. The obligation of funds
upon approval of an application constitutes an agreement by the State
and the landowner to cost-share a completed practice on a reimbursable
basis when the service representative verifies that the practice has
been implemented.
    (b) Upon receiving an application for an eligible FLEP practice and
making a determination that funds are available, a service
representative shall prepare a practice plan that identifies the needed
practices, specifications, and performance period for the implementation
of the practice(s) to achieve the objectives of the landowner. The
requirements of a practice plan may be contained in a management plan.
The practice plan is the basis for determining acceptable performance
upon completion of the practice.
    (c) Upon approval of a FLEP application, the State Forester shall
notify the landowner in writing. Such notice shall state that the
landowner can begin implementing the approved practice(s) and that funds
have been obligated for reimbursement of a specified amount of the total
cost. Practice costs incurred before approval are not eligible unless
authorized by the State Forester. The notice shall also state that
payment shall be made upon the service representative's verification
that the practice has been implemented in accordance with the
specifications of the practice plan and activities described in the
management plan.
    (d) Any landowner who carries out practices under FLEP 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.
    (e) To be eligible for cost-share reimbursement payment, a landowner
must complete each practice within the performance period specified in
the State priority plan, not to exceed 24 months. However, if
practice(s) are not completed within the performance period specified,
due to conditions beyond the landowner's control, the State Forester may
grant an extension for a time period specified in the State priority
plan, not to exceed 12 months.
    (f) Upon certification by the service representative that a practice
has been completed in accordance with the practice plan, the cost-share
payment shall be calculated and disbursed to the landowner. Landowners
must provide to service representatives the right of access to the
landowner's property to inspect practices for the duration of the
maintenance period for the practices.
    (g) The maximum aggregate amount of cost-share payment under FLEP to
any one landowner shall not exceed $100,000 through 2007, with the
following exception for Alaska Indian Tribes. The Alaska State Forester,
in consultation with the State Forest Stewardship Coordinating Committee
and the Responsible Official, shall establish the maximum aggregate
payment to any one Alaska Indian Tribe, however, the 1,000- and 5,000-
acre limits shall apply.
    (h) The State priority plan shall set the levels of cost-share
assistance to be paid to landowners, not to exceed 75 percent of the
total costs incurred by a participating landowner. Non-Federal program
funds and other donated assistance may be used to supplement cost-share
through FLEP; however, the total of all funds and assistance shall not
exceed 100 percent of the total cost of practice implementation, and the
Federal share of the total cost shall be reduced by any gross revenue
from any material sold as a result of the cost-share practice.
    (i) States may use the cost-share rate to define priority practices
and priority areas by reserving the maximum

[[Page 242]]

rate of 75 percent of the total costs for the practices and areas having
the highest priority.
    (j) State priorities for cost-share shall reflect the national
priorities as listed in the Forest Service Manual Chapter 3310.
    (k) Other priorities may be developed by the State Forester in
consultation with the State Forest Stewardship Coordinating Committee.
    (l) A landowner may receive partial payment, if allowed in the State
priority plan, for completed components on the condition that the
landowner agrees to complete the remaining components of the practice
within the performance period specified in the practice plan.
    (m) Where performance actually rendered does not meet the minimum
specifications of a practice due to factors beyond the landowner's
control, the State Forester may approve cost-share payments under one of
the following conditions:
    (1) The landowner repeats application of practices previously
implemented or establishes additional eligible practices under such
terms and conditions as the service representative may require, in which
case the State Forester may approve cost-share payments for additional
or repeated practices to the extent such measures are needed to meet the
objectives of the management 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 practice plan.
    (n) In case of death or incompetence of any landowner, the State
Forester shall approve cost-share payments to the successor in title or
other persons or entities in control of the landowner property if they
agree to maintain the practices for the duration of the required
maintenance period.
    (o) Any landowner who may be entitled to a 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 FLEP
practice;
    (2) A payment that is made to a landowner may not be assigned to pay
or secure any preexisting debt; and
    (3) Nothing in this section shall be construed to authorize suit
against the United States, the Department of Agriculture, the Forest
Service, any State or any disbursing agent acting on their behalf, if
payment is made to an assignor rather than to an assignee or if payment
is made to only one of several assignees.
    (p) No financial assistance or portion thereof due and owing to any
landowner shall be subject to any claim arising under State or other law
by any creditor, except for claims of agencies of the United States
Government.
    (q) Prior to receiving approval to implement any FLEP practice
identified in the State priority plan, except for management plan
development, eligible landowners shall have an approved practice plan
providing appropriate technical standards concerning the performance of
the requested practice(s). A service representative shall approve the
plan. In reviewing and approving plans, to the extent deemed applicable
by the service representative, existing landowner management plans such
as Tree Farm management plans, Forest Stewardship management plans, or
similar plans may either meet, or can be amended to meet, the practice
plan requirements under FLEP.



Sec. 230.43  Cost-share assistance--prohibited practices.

    (a) Cost-share payments for the following are prohibited:
    (1) Costs incurred before an application for cost-share is approved
in writing, except:
    (i) As pre-approved by the State Forester, or
    (ii) The materials and items that may be purchased before approval
of the practice as described in the State priority plan;
    (2) Repeated practices on the same site within the required
maintenance period which have been implemented under any other Federal,
State, or local government programs, or private sector programs, except
where such practices are repeated due to a failure

[[Page 243]]

of a prior practice without fault of the landowner or recurring
practices as noted in this subpart;
    (3) Capital investments or capital improvements not related to FLEP
practices, purchase of land or any interest in land, or any interest in
an endowment as provided in section 230.32(k) and (l);
    (4) Practices associated with the development of or improvement to
landowner nursery operations;
    (5) Practices associated with the development of or improvement to
nut and fruit orchards or Christmas tree plantings or maintenance; or
    (6) Any practice that is not related to the long-term sustainability
of nonindustrial private forest lands or agroforestry activities.



Sec. 230.44  Cost-share assistance--reporting requirement.

    (a) FLEP cost-share accomplishments should be reported using the
following standard categories of practices:
    (1) FLEP1--Management Plan Development;
    (2) FLEP2--Afforestation and Reforestation;
    (3) FLEP3--Forest Stand Improvement;
    (4) FLEP4--Agroforestry Implementation;
    (5) FLEP5--Water Quality Improvement and Watershed Protection;
    (6) FLEP6--Fish and Wildlife Habitat Improvement;
    (7) FLEP7--Forest Health and Protection;
    (8) FLEP8--Invasive Species Control;
    (9) FLEP9--Fire and Catastrophic Risk Reduction;
    (10) FLEP10--Fire and Catastrophic Event Rehabilitation; and
    (11) FLEP11--Special Practices.
    (b) All reporting must include activities and accomplishments for
each category of FLEP practices.



Sec. 230.45  Recapture of cost-share assistance.

    (a) Payments made to landowners may be recaptured under one or more
of the following circumstances:
    (1) If any landowner, successor, or assignee uses any scheme or
device to unjustly benefit from FLEP. 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 FLEP. Financial assistance payments shall be withheld or a refund of
all or part of any FLEP payments otherwise due or paid to that person
shall be secured.
    (2) 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 payments shall be
withheld or a recapture of all or part of any FLEP payments otherwise
due or paid shall be secured, based on the extent and effect of
destruction and impairment.
    (3) If a landowner sells, conveys, or otherwise loses control of the
land, except when determined by a State Forester to have been beyond the
landowner's control, 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. In such cases the landowner
who was originally obligated to maintain the practice shall be liable to
reimburse the State(s) for all cost-share on such practices.
    (b) Nothing in this section requiring the withholding or refunding
of financial assistance payments shall preclude any penalty or liability
otherwise imposed by law.
    (c) Any landowner, successor, or assignee who is dissatisfied with
any determination made under FLEP may request reconsideration by the
State Forester and, if the matter is not resolved, by the Responsible
Official. All requests for reconsideration shall be in writing and shall
contain factual information explaining the basis for the request. All
decisions on reconsideration must be issued in writing.



Sec. 230.46  Information collection requirements.

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

[[Page 244]]

constitute information requirements as defined by the Paperwork
Reduction Act of 1995 and have been assigned Office of Management and
Budget (OMB) control number 0596-0168.



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.
    (b) Officials of the Forest Service will cooperate with persons,
firms, corporations, and State and county officials in

[[Page 245]]

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.).
    Responsible Forest Officer is the Forest Service employee who has
the authority to select, authorize, permit and/or

[[Page 246]]

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 revoke, 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 areas of the Chugach National
Forest subject to this subpart. Prior to taking action to revoke,
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 part 214.
    (g) Nothing in this section affects subsistence activities carried
out in accordance with Sec. 241.23 of this subpart or other applicable
law.

[56 FR 63463, Dec. 4, 1991, as amended at 78 FR 33724, June 5, 2013]



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 conservation of fish and wildlife and their
habitat.

[[Page 247]]



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 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 fish, wildlife, and shellfish: general
          regulations.
242.26 Subsistence taking of wildlife.
242.27 Subsistence taking of fish.
242.28 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: 67 FR 30563, May 7, 2002, 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.

    The Secretary of the Interior and Secretary of Agriculture issue the
regulations in this part pursuant to authority vested in Title VIII of
the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C.
3101-3126.



Sec. 242.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title
VIII or ANILCA relevant to the taking of fish and wildlife on public
land in the State of Alaska. The regulations in 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. The regulations in
this part do not supersede agency-specific regulations.
    (b) The regulations contained in this part apply on all public
lands, including all inland waters, both navigable and non-navigable,
within and adjacent to the exterior boundaries of the following areas,
and on the marine waters as identified in the following areas:
    (1) Alaska Maritime National Wildlife Refuge, including the:
    (i) Karluk Subunit: All of the submerged land and water of the
Pacific Ocean (Sheliokof Strait) extending 3,000 feet from the shoreline
between a point on the spit at the meander corner common to Sections 35
and 36 of Township 30 South, Range 33 West, and a point approximately
1\1/4\ miles east of Rocky Point within Section 14 of Township 29 South,
Range 31, West, Seward Meridian as described in Public Land Order 128,
dated June 19, 1943;
    (ii) Womens Bay Subunit: Womens Bay, Gibson Cove, portions of St.
Paul Harbor and Chiniak Bay: All of the submerged land and water as
described in Public Land Order 1182, dated July 7, 1955 (U.S. Survey
21539);
    (iii) Afognak Island Subunit: A submerged lands and waters of the
Pacific Ocean lying within 3 miles of the shoreline as described in
Proclamation No. 39, dated December 24, 1892;
    (iv) Simeonof Subunit: All of the submerged land and water of
Simeonof Island together with the adjacent waters

[[Page 248]]

of the Pacific Ocean extending 1 mile from the shoreline as described in
Public Land Order 1749, dated October 30, 1958; and
    (v) Semidi Subunit: All of the submerged land and water of the
Semidi Islands together with the adjacent waters of the Pacific Ocean
lying between parallels 55[deg]57[min]57[sec]00-56[deg]15[min]57[sec]00
North Latitude and 156[deg]30[min]00[sec]-157[deg]00[min]00[sec] West
Longitude as described in Executive Order 5858, dated June 17, 1932;
    (2) Arctic National Wildlife Refuge, including those waters
shoreward of the line of extreme low water starting in the vicinity of
Monument 1 at the intersection of the International Boundary line
between the State of Alaska and the Yukon Territory; Canada, and
extending westerly, along the line of extreme low water across the
entrances of lagoons such that all offshore bars, reefs and islands, and
lagoons that separate them from the mainland to Brownlow Point,
approximately 70 10[min] North Latitude and 145 51[min] West Longitude;
    (3) National Petroleum Reserve in Alaska, including those waters
shoreward of a line beginning at the western bank of the Colville River
following the highest highwater mark westerly, extending across the
entrances of small lagoons, including Pearl Bay, Wainwright Inlet, the
Kuk River, Kugrau Bay and River, and other small bays and river
estuaries, and following the ocean side of barrier islands and sandspits
within three miles of shore and the ocean side of the Plover Islands, to
the northwestern extremity of Icy cape, at approximately 70[deg]21[min]
North Latitute and 161 46[min] West Longitude; and
    (4) Yukon Delta National Wildlife Refuge, including Nunivak Island:
the submerged land and water of Nunivak Island together with the
adjacent waters of the Bering Sea extending, for Federal Subsistence
Management purposes, 3 miles from the shoreline of Nunivak Island as
described in Executive Order No. 5059, dated April 15, 1929.
    (5) Southeastern Alaska--Makhnati Island Area: Land and waters
beginning at the southern point of Fruit Island, 57[deg]02[min]35[sec]
north latitude, 135[deg]21[min]07[sec] west longitude as shown on United
States Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the
point of beginning, by metes and bounds; S. 58[deg] W., 2,500 feet, to
the southern point of Nepovorotni Rocks; S. 83[deg] W., 5,600 feet, on a
line passing through the southern point of a small island lying about
150 feet south of Makhnati Island; N. 6[deg] W., 4,200 feet, on a line
passing through the western point of a small island lying about 150 feet
west of Makhnati Island, to the northwestern point of Signal Island; N.
24[deg] E., 3,000 feet, to a point, 57[deg]03[min]15[sec] north
latitude, 134[deg]23[min]07[sec] west longitude; East, 2,900 feet, to a
point in course No. 45 in meanders of U.S. Survey No. 1496, on west side
of Japonski Island; southeasterly, with the meanders of Japonski Island,
U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point
of Japonski Island; S. 60[deg] E., 3,300 feet, along the boundary line
of Naval reservation described in Executive Order No. 8216, July 25,
1939, to the point beginning, and that part of Sitka Bay lying south of
Japonski Island and west of the main channel, but not including Aleutski
Island as revoked in Public Land Order 925, October 27, 1953, described
by metes and bounds as follows: Beginning at the southeast point of
Japonski Island at angle point No. 7 of the meanders of U.S. Survey No.
1496; thence east approximately 12.00 chains to the center of the main
channel; thence S. 45[deg] E. along the main channel approximately 20.00
chains; thence S. 45[deg] W. approximately 9.00 chains to the
southeastern point of Aleutski Island; thence S. 79[deg] W.
approximately 40.00 chains to the southern point of Fruit Island; thence
N. 60[deg] W. approximately 50.00 chains to the southwestern point of
Japonski Island at angle point No. 35 of U.S. Survey No 1496; thence
easterly with the meanders of Japonski Island to the point of beginning
including Charcoal, Harbor, Alice, Love, Fruit islands and a number of
smaller unnamed islands.
    (c) The regulations contained in this part apply on all public
lands, excluding marine waters, but including all inland waters, both
navigable and non-navigable, within and adjacent to the exterior
boundaries of the following areas:
    (1) Alaska Peninsula National Wildlife Refuge;

[[Page 249]]

    (2) Aniakchak National Monument and Preserve;
    (3) Becharof National Wildlife Refuge;
    (4) Bering Land Bridge National Preserve;
    (5) Cape Krusenstern National Monument;
    (6) Chugach National Forest;
    (7) Denali National Preserve and the 1980 additions to Denali
National Park;
    (8) Gates of the Arctic National Park and Preserve;
    (9) Glacier Bay National Preserve;
    (10) Innoko National Wildlife Refuge;
    (11) Izembek National Wildlife Refuge;
    (12) Kanuti National Wildlife Refuge;
    (13) Katmai National Preserve;
    (14) Kenai National Wildlife Refuge;
    (15) Kobuk Valley National Park;
    (16) Kodiak National Wildlife Refuge;
    (17) Koyukuk National Wildlife Refuge;
    (18) Lake Clark National Park and Preserve;
    (19) Noatak National Preserve;
    (20) Nowitna National Wildlife Refuge;
    (21) Selawik National Wildlife Refuge;
    (22) Steese National Conservation Area;
    (23) Tetlin National Wildlife Refuge;
    (24) Togiak National Wildlife Refuge;
    (25) Tongass National Forest, including Admiralty Island National
Monument and Misty Fjords National Monument;
    (26) White Mountain National Recreation Area;
    (27) Wrangell-St. Elias National Park and Preserve;
    (28) Yukon-Charley Rivers National Preserve;
    (29) Yukon Flats National Wildlife Refuge;
    (30) All components of the Wild and Scenic River System located
outside the boundaries of National Parks, National Preserves, or
National Wildlife Refuges, including segments of the Alagnak River,
Beaver Creek, Birch Creek, Delta River, Fortymile River, Gulkana River,
and Unalakleet River.
    (d) The regulations contained in this part apply on all other public
lands, other than to the military, U.S. Coast Guard, and Federal
Aviation Administration lands that are closed to access by the general
public, including all non-navigable waters located on these lands.
    (e) The public lands described in paragraphs (b) and (c) of this
section 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.

[70 FR 76407, Dec. 27, 2005, as amended at 71 FR 49999, Aug. 24, 2006;
74 FR 34696, July 17, 2009]



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, (codified, as amended, in scattered
sections of 16 U.S.C. and 43 U.S.C.)
    Area, District, Subdistrict, and Section mean one of the
geographical areas defined in the codified Alaska Department of Fish and
Game regulations found in Title 5 of the Alaska Administrative Code.
    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.
    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

[[Page 250]]

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 trade means exchange for cash of fish and wildlife
resources regulated in this part, not otherwise prohibited by Federal
law or regulation, to support personal and family needs; and does not
include trade which constitutes a significant commercial enterprise.
    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.
    FACA means the Federal Advisory Committee Act, Public Law 92-463, 86
Stat. 770 (codified as amended, at 5 U.S.C. Appendix II, 1-15).
    Family means all persons related by blood, marriage, or adoption or
any other person living within the household on a permanent basis.
    Federal Advisory Committees or Federal Advisory Committee means the
Federal Local Advisory Committees as described in Sec. 242.12.
    Federal lands means lands and waters and interests therein the title
to which is in the United States, including navigable and non-navigable
waters in which the United States has reserved water rights.
    Fish and wildlife means any member of the animal kingdom, including
without limitation any mammal, fish, bird (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 State of Alaska
hunting and trapping regulations and the Game Unit Maps of Alaska.
    Inland Waters means, for the purposes of this part, those waters
located landward of the mean high tide line or the waters located
upstream of the straight line drawn from headland to headland across the
mouths of rivers or other waters as they flow into the sea. Inland
waters include, but are not limited to, lakes, reservoirs, ponds,
streams, and rivers.
    Marine Waters means, for the purposes of this part, those waters
located seaward of the mean high tide line or the waters located seaward
of the straight line drawn from headland to headland across the mouths
of rivers or other waters as they flow into the sea.
    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:
    (1) Lands situated in Alaska which are Federal lands, except--
    (i) 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;
    (ii) Land selections of a Native Corporation made under the Alaska
Native Claims Settlement Act, 43 U.S.C. 1601 et seq., which have not
been conveyed to a Native Corporation, unless any such selection is
determined to be invalid or is relinquished; and
    (iii) Lands referred to in section 19(b) of the Alaska Native Claims
Settlement Act, 43 U.S.C. 1618(b).
    (2) Notwithstanding the exceptions in paragraphs (1)(i) through
(iii) of this definition, until conveyed or interim conveyed, all
Federal lands within the boundaries of any unit of the National Park
System, National Wildlife Refuge System, National Wild and Scenic Rivers
Systems, National Forest Monument, National Recreation Area, National
Conservation Area, new National forest or forest addition shall be

[[Page 251]]

treated as public lands for the purposes of the regulations in this part
pursuant to section 906(o)(2) of ANILCA.
    Regional Councils or Regional Council means the Regional Advisory
Councils as described in Sec. 242.11.
    Reserved water right(s) means the Federal right to use
unappropriated appurtenant water necessary to accomplish the purposes
for which a Federal reservation was established. Reserved water rights
include nonconsumptive and consumptive uses.
    Resident means any person who has his or her primary, permanent home
for the previous 12 months 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
Permanent Fund dividend application; 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.
    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.

[67 FR 30563, May 7, 2002, as amended at 69 FR 60962, Oct. 14, 2004]



Sec. 242.5  Eligibility for subsistence use.

    (a) You may take fish and wildlife on public lands for subsistence
uses only if you are an Alaska resident of a rural area or rural
community. The regulations in this part may further limit your
qualifications to harvest fish or wildlife resources for subsistence
uses. If you are not an Alaska resident or are a resident of a non-rural
area or community listed in Sec. 242.23, you may not take fish or
wildlife on public lands for subsistence uses under the regulations in
this part.
    (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
designated by the Board are eligible for subsistence taking of that
population or stock on public lands for subsistence uses under the
regulations in this part. If you do not live in one of those areas or
communities, you may not take fish or wildlife from that population or
stock, on public lands under the regulations in this part.
    (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 may harvest for subsistence from
that stock or population under the regulations in this part.
    (d) The National Park Service may 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.

[[Page 252]]



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

    (a) If you wish to take fish and wildlife on public lands for
subsistence uses, you must be an eligible rural Alaska resident and:
    (1) Possess the pertinent valid Alaska resident hunting and trapping
licenses (no license required to take fish or shellfish, but you must be
an Alaska resident) unless Federal licenses are required or unless
otherwise provided for in subpart D of this part;
    (2) Possess and comply with the provisions of any pertinent Federal
permits (Federal Subsistence Registration Permit or Federal Designated
Harvester Permit) required by subpart D of this part; and
    (3) Possess and comply with the provisions of any pertinent permits,
harvest tickets, or tags required by the State unless any of these
documents or individual provisions in them are superseded by the
requirements in subpart D of this part.
    (b) In order to receive a Federal Subsistence Registration Permit or
Federal Designated Harvester Permit or designate someone to harvest fish
or wildlife for you under a Federal Designated Harvester Permit, you
must be old enough to reasonably harvest that species yourself (or under
the guidance of an adult).
    (c) If you have been awarded a permit to take fish and wildlife, you
must have that permit in your possession during the taking and must
comply with all requirements of the permit and the regulations in this
section pertaining to validation and reporting and to regulations in
subpart D of this part pertaining to methods and means, possession and
transportation, and utilization. Upon the request of a State or Federal
law enforcement agent, you must also produce any licenses, permits,
harvest tickets, tags, or other documents required by this section. If
you are engaged in taking fish and wildlife under the regulations in
this part, you 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 your possession.
    (d) You must validate the harvest tickets, tags, permits, or other
required documents before removing your kill from the harvest site. You
must also comply with all reporting provisions as set forth in subpart D
of this part.
    (e) If you take fish and wildlife under a community harvest system,
you must report the harvest activity in accordance with regulations
specified for that community in subpart D of this part, 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 the regulations in this part. Community harvests are
reviewed annually under the regulations in subpart D of this part.
    (f) You may not make a fraudulent application for Federal or State
licenses, permits, harvest tickets or tags or intentionally file an
incorrect harvest report.

[67 FR 30563, May 7, 2002, as amended at 68 FR 7704, Feb. 18, 2003]



Sec. 242.7  Restriction on use.

    (a) You may not use fish or wildlife or their parts, taken pursuant
to the regulations in this part, unless provided for in this part.
    (b) You may not exchange in customary trade or sell fish or wildlife
or their parts, taken pursuant to the regulations in this part, unless
provided for in this part.
    (c) You may barter fish or wildlife or their parts, taken pursuant
to the regulations in this part, unless restricted in Sec. Sec. 242.25,
242.26, 242.27, or 242.28.



Sec. 242.8  Penalties.

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



Sec. 242.9  Information collection requirements.

    (a) The rules in this part contain information collection
requirements subject to Office of Management and

[[Page 253]]

Budget (OMB) approval under 44 U.S.C. 3501-3520. They apply to fish and
wildlife harvest activities on public lands in Alaska. Subsistence users
will not be required to respond to an information collection request
unless a valid OMB number is displayed on the information collection
form.
    (1) Section 242.6, Licenses, permits, harvest tickets, tags, and
reports. The information collection requirements contained in Sec.
242.6 (Federal Subsistence Registration Permit or Federal Designated
Harvester Permit forms) provide for permit-specific subsistence
activities not authorized through the general adoption of State
regulations. Identity and location of residence are required to
determine if you are eligible for a permit and a report of success is
required after a harvest attempt. These requirements are not duplicative
with the requirements of paragraph (a)(3) of this section. The
regulations in Sec. 242.6 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 0.25
hours.
    (2) Section 242.20, Request for reconsideration. The information
collection requirements contained in Sec. 242.20 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 review by the Board. We estimate that a
request for reconsideration will take 4 hours to prepare and submit.
    (3) The remaining information collection requirements contained in
this part imposed upon subsistence users are those adopted from State
regulations. These collection requirements would exist in the absence of
Federal subsistence regulations and are not subject to the Paperwork
Reduction Act. The burden in this situation is negligible, and
information gained from these reports is systematically available to
Federal managers by routine computer access requiring less than 1 hour.
    (b) You may 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, N.W., MS 222 ARLSQ,
Washington, D.C. 20240; and the Office of Management and Budget,
Paperwork Reduction Project (Subsistence), Washington, D.C. 20503.
Additional information requirements may be imposed if Local Advisory
Committees or additional Regional Councils, subject to the Federal
Advisory Committee Act (FACA), are established under subpart B of this
part. Such requirements will be submitted to OMB for approval prior to
their implementation.



                       Subpart B_Program Structure

    Source: 67 FR 30563, May 7, 2002, unless otherwise noted.



Sec. 242.10  Federal Subsistence Board.

    (a) The Secretary of the Interior and Secretary of Agriculture
hereby establish a Federal Subsistence Board, and assign it
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 of this part. The
Secretaries, however, retain their existing authority to restrict or
eliminate hunting, fishing, or trapping activities which occur on lands
or waters in Alaska other than public lands when such activities
interfere with subsistence hunting, fishing, or trapping on the public
lands to such an extent as to result in a failure to provide the
subsistence priority.
    (b) Membership. (1) The voting members of the Board are: A Chair to
be appointed by the Secretary of the Interior with the concurrence of
the Secretary of Agriculture; two public members who possess personal
knowledge of and direct experience with subsistence uses in rural Alaska
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, U.S. Forest Service; the Alaska State
Director, Bureau of Land Management; and the Alaska Regional Director,
Bureau of Indian Affairs. Each Federal agency

[[Page 254]]

member of the Board may appoint a designee.
    (2) [Reserved]
    (c) Liaisons to the Board are: a State liaison, and the Chairman of
each Regional Council. The State liaison and the Chairman of each
Regional Council may attend public sessions of all Board meetings and be
actively involved as consultants to the Board.
    (d) Powers and duties. (1) The Board shall meet at least twice per
year and at such other times as deemed necessary. Meetings shall occur
at the call of the Chair, but any member may request a meeting.
    (2) A quorum consists of five 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) Issue 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) Restrict the taking of fish and wildlife on public lands for
nonsubsistence uses or close public lands to the take of fish and
wildlife for nonsubsistence uses when necessary for the conservation of
healthy populations of fish or wildlife, to continue subsistence uses of
fish or wildlife, or for reasons of public safety or administration. The
Board may also reopen public lands to nonsubsistence uses if new
information or changed conditions indicate that the closure is no longer
warranted;
    (vii) Restrict the taking of a particular fish or wildlife
population on public lands for subsistence uses, close public lands to
the take of fish and wildlife for subsistence uses, or otherwise modify
the requirements for take from a particular fish or wildlife population
on public lands for subsistence uses when necessary to ensure the
continued viability of a fish or wildlife population, or for reasons of
public safety or administration. As soon as conditions warrant, the
Board may also reopen public lands to the taking of a fish and wildlife
population for subsistence users to continue those uses;
    (viii) Establish priorities for the subsistence taking of fish and
wildlife on public lands among rural Alaska residents;
    (ix) Restrict or eliminate taking of fish and wildlife on public
lands;
    (x) Determine what types and forms of trade of fish and wildlife
taken for subsistence uses constitute allowable customary trade;
    (xi) Authorize the Regional Councils to convene;
    (xii) Establish a Regional Council in each subsistence resource
region and recommend to the Secretaries, appointees to the Regional
Councils, pursuant to the FACA;
    (xiii) 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;
    (xiv) Establish rules and procedures for the operation of the Board,
and the Regional Councils;
    (xv) Review and respond to proposals for regulations, management
plans, policies, and other matters related to subsistence taking and
uses of fish and wildlife;
    (xvi) Enter into cooperative agreements or otherwise cooperate with
Federal agencies, the State, Native organizations, local governmental
entities, and other persons and organizations, including international
entities to effectuate the purposes and policies of the Federal
subsistence management program;
    (xvii) Develop alternative permitting processes relating to the
subsistence taking of fish and wildlife to ensure

[[Page 255]]

continued opportunities for subsistence;
    (xviii) Evaluate whether hunting, fishing, or trapping activities
which occur on lands or waters in Alaska other than public lands
interfere with subsistence hunting, fishing, or trapping on the public
lands to such an extent as to result in a failure to provide the
subsistence priority, and after appropriate consultation with the State
of Alaska, the Regional Councils, and other Federal agencies, make a
recommendation to the Secretaries for their action;
    (xix) Identify, in appropriate specific instances, whether there
exists additional Federal reservations, Federal reserved water rights or
other Federal interests in lands or waters, including those in which the
United States holds less than a fee ownership, to which the Federal
subsistence priority attaches, and make appropriate recommendation to
the Secretaries for inclusion of those interests within the Federal
Subsistence Management Program; and
    (xx) Take other actions authorized by the Secretaries to implement
Title VIII of ANILCA.
    (5) The Board may implement one or more of the following harvest and
harvest reporting or permit systems:
    (i) 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 permit (Federal Subsistence Registration Permit);
    (ii) A qualified subsistence user may designate another qualified
subsistence user (by using the Federal Designated Harvester Permit) to
take fish and wildlife on his or her behalf;
    (iii) The fish and wildlife is taken by individuals or community
representatives permitted (via a Federal Subsistence Registration
Permit) a one-time or annual harvest for special purposes including
ceremonies and potlatches; or
    (iv) 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.
    (6) The Board may delegate to agency field officials the authority
to set harvest and possession limits, define harvest areas, specify
methods or means of harvest, specify permit requirements, and open or
close specific fish or wildlife harvest seasons within frameworks
established by the Board.
    (7) The Board shall establish a Staff Committee for analytical and
administrative assistance composed of members 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. A U.S. Fish and
Wildlife Service representative shall serve as Chair of the Staff
Committee.
    (8) The Board may establish and dissolve additional committees as
necessary for assistance.
    (9) The U.S. Fish and Wildlife Service shall provide appropriate
administrative support for the Board.
    (10) 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, 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.

[67 FR 30563, May 7, 2002, as amended at 75 FR 63092, Oct. 14, 2010; 76
FR 56114, Sept. 12, 2011]



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.

[[Page 256]]

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
Secretaries, based on Board recommendation, will establish the number of
members for each Regional Council. To ensure that each Council
represents a diversity of interests, the Board will strive to ensure
that 70 percent of the members represent subsistence interests within a
region and 30 percent of the members represent commercial and sport
interests within a region. The portion of membership that represents the
commercial and sport interests shall include, where possible, at least
one representative from the sport community and one representative from
the commercial community. A Regional Council member must be a resident
of the region in which he or she is appointed and must be knowledgeable
about the region and subsistence uses of the public lands therein. The
Board will accept nominations and make recommendations to the
Secretaries for membership on the Regional Councils. In making their
recommendations, the Board will identify the interest(s) the applicants
propose to represent on the respective Regional Councils. The Secretary
of the Interior with the concurrence of the Secretary of Agriculture
will make the appointments to the Regional Councils.
    (2) Regional Council members shall serve 3-year terms and may be
reappointed. Initial members shall be appointed with staggered terms up
to 3 years.
    (3) The Chair of each Regional Council shall be elected by the
applicable Regional Council, from its membership, for a 1-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 the
regulations in this part 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 the regulations in this part 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 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 among rural Alaska residents pursuant to Sec. 242.17;
    (xi) Develop proposals pertaining to the subsistence taking and use
of fish and wildlife under the regulations in

[[Page 257]]

this part, 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.
    (3) The Regional Council recommendations to the Board should be
supported by substantial evidence, be consistent with recognized
principles of fish and wildlife conservation, and not be detrimental to
the satisfaction of subsistence needs.

[67 FR 30563, May 7, 2002, as amended at 68 FR 7704, Feb. 18, 2003; 69
FR 60962, Oct. 14, 2004]



Sec. 242.12  Local advisory committees.

    (a) The Board shall establish such local Federal Advisory Committees
within each region as necessary at such time that it is determined,
after notice and hearing and consultation with the 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.
    (b) Local 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 issue 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 the regulations in this part shall enlarge or
diminish the authority of any agency to issue 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 the regulations in
this part 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 the regulations in this part
to the extent they are not inconsistent with, or superseded by, the
regulations in this part.
    (b) The Board may close public lands to hunting, trapping, or
fishing, or take actions to restrict the taking of fish and wildlife
when necessary to conserve healthy populations of fish and wildlife,
continue subsistence uses of such populations, or pursuant to other
applicable Federal law. The Board may review and adopt State openings,
closures, or restrictions which serve to achieve the objectives of the
regulations in this part.
    (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 the
subsistence rules and regulations in this part 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, D.C. 20240, and

[[Page 258]]

the Secretary of Agriculture, U.S. Department of Agriculture,
Washington, D.C. 20240;
    (ii) Include the entire text of applicable State legislation
indicating compliance with sections 803, 804, and 805 of ANILCA; and
    (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 the
regulations in this part 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 2,500 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 2,500 but not more
than 7,000 will be determined to be rural or non-rural.
    (3) A community with a population of more than 7,000 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 10-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 5 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

[[Page 259]]

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;
    (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 criteria in paragraphs (b)(1) through
(3) of this section.
    (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) The Board will accept proposals for changes to the Federal
subsistence regulations in subparts C or D of this part according to a
published schedule, except for proposals for emergency and temporary
special actions, which the Board will accept according to procedures set
forth in Sec. 242.19. The Board may establish a rotating schedule for
accepting proposals on various sections of subpart C or subpart D
regulations over a period of years. The Board will develop and publish
proposed regulations in the Federal Register, publish notice in local
newspapers, and distribute comments on the proposed regulations in the
form of proposals 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 its decision in writing to the Regional Council.

[[Page 260]]

    (5) Following consideration of the proposals the Board shall publish
final regulations pertaining to subparts C and D of this part in the
Federal Register.
    (b) Proposals for changes to subparts A and B of this part shall be
accepted by the Secretary of the Interior in accordance with 43 CFR part
14.

[67 FR 30563, May 7, 2002, as amended at 75 FR 63092, Oct. 14, 2010]



Sec. 36.19  Special actions.

    (a) Emergency special actions. In an emergency situation, if
necessary to ensure the continued viability of a fish or wildlife
population, to continue subsistence uses of fish or wildlife, or for
public safety reasons, the Board may immediately open or close public
lands for the taking of fish and wildlife for subsistence uses, or
modify the requirements for take for subsistence uses, or close public
lands to take for nonsubsistence uses of fish and wildlife, or restrict
the requirements for take for nonsubsistence uses.
    (1) If the timing of a regularly scheduled meeting of the affected
Regional Council so permits without incurring undue delay, the Board may
seek Council recommendations on the proposed emergency special action.
Such a Council recommendation, if any, will be subject to the
requirements of Sec. 242.18(a)(4).
    (2) The emergency action will be effective when directed by the
Board, may not exceed 60 days, and may not be extended unless the
procedures for adoption of a temporary special action, as set forth in
paragraph (b) of this section, have been followed.
    (b) Temporary special actions. After adequate notice and public
hearing, the Board may temporarily close or open public lands for the
taking of fish and wildlife for subsistence uses, or modify the
requirements for subsistence take, or close public lands for the taking
of fish and wildlife for nonsubsistence uses, or restrict take for
nonsubsistence uses.
    (1) The Board may make such temporary changes only after it
determines that the proposed temporary change will not interfere with
the conservation of healthy fish and wildlife populations, will not be
detrimental to the long-term subsistence use of fish or wildlife
resources, and is not an unnecessary restriction on nonsubsistence
users. The Board may also reopen public lands to nonsubsistence uses if
new information or changed conditions indicate that the closure is no
longer warranted.
    (i) Prior to implementing a temporary special action, the Board will
consult with the State of Alaska and the Chairs of the Regional Councils
of the affected regions.
    (ii) If the timing of a regularly scheduled meeting of the affected
Regional Council so permits without incurring undue delay, the Board
will seek Council recommendations on the proposed temporary special
action. Such Council recommendations, if any, will be subject to the
requirements of Sec. 242.18(a)(4).
    (2) The length of any temporary action will be confined to the
minimum time period or harvest limit determined by the Board to be
necessary under the circumstances. In any event, a temporary opening or
closure will not extend longer than the end of the current regulatory
cycle.
    (c) The Board may reject a request for either an emergency or a
temporary special action if the Board concludes that there are no time-
sensitive circumstances necessitating a regulatory change before the
next regular proposal cycle. However, a special action request that has
been rejected for this reason may be deferred, if appropriate and after
consultation with the proponent, for consideration during the next
regular proposal cycle. The Board will consider changes to customary and
traditional use determinations in subpart C of this part only during the
regular proposal cycle.
    (d) The Board will provide notice of all regulatory changes adopted
via special action by posting the change on the Office of Subsistence
Management Web site (http://alaska.fws.gov/asm/index.cfml). When
appropriate, notice may also include distribution of press releases to
newspapers, local radio stations, and local contacts, as well as direct
notification to the proponent and interested parties. The Board will
publish notice and reasons justifying the

[[Page 261]]

special action in the Federal Register as soon as practicable.
    (e) The decision of the Board on any proposed special action will
constitute its final administrative action.
    (f) Regulations authorizing any individual agency to implement
closures or restrictions on public lands managed by the agency remain
unaffected by the regulations in this part.
    (g) Fish and wildlife may not be taken in violation of any
restriction, closure, or change authorized by the Board.

[75 FR 63092, Oct. 14, 2010]



Sec. 242.20  Request for reconsideration.

    (a) Regulations in subparts C and D of this part published in the
Federal Register are subject to requests for reconsideration.
    (b) Any aggrieved person may file a request for reconsideration with
the Board.
    (c) To file a request for reconsideration, you must notify the Board
in writing within sixty (60) days of the effective date or date of
publication of the notice, whichever is earlier, for which
reconsideration is requested.
    (d) It is your responsibility to provide the Board with sufficient
narrative evidence and argument to show why the action by the Board
should be reconsidered. The Board will accept a request for
reconsideration only if it is based upon information not previously
considered by the Board, demonstrates that the existing information used
by the Board is incorrect, or demonstrates that the Board's
interpretation of information, applicable law, or regulation is in error
or contrary to existing law. You must include the following information
in your request for reconsideration:
    (1) Your name, and mailing address;
    (2) The action which you request be reconsidered and the date of
Federal Register publication of that action;
    (3) A detailed statement of how you are 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 you believe to be violated and your reason for such
allegation;
    (5) A statement of how you 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 and
the Alaska Department of Fish and Game (ADFG) for review and
recommendation. The Board shall consider any Regional Council and ADFG
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



Sec. 242.22  Subsistence resource regions.

    (a) The Board hereby designates the following areas 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) You may obtain maps delineating the boundaries of subsistence
resource regions from the U.S. Fish and Wildlife Service, 1011 East
Tudor Road, MS 121, Anchorage, Alaska 99503.

[67 FR 30570, May 7, 2002, as amended at 76 FR 12569, Mar. 8, 2011]



Sec. 242.23  Rural determinations.

    (a) The Board has determined all communities and areas to be rural
in accordance with Sec. 242.15, except those set forth in this
paragraph. You may obtain maps delineating the boundaries of nonrural
areas from the U.S. Fish and Wildlife Service, Office of Subsistence
Management. The nonrural areas include:
    (1) Anchorage, Municipality of;
    (2) Fairbanks North Star Borough;
    (3) Homer area--including Homer, Anchor Point, North Fork Road area,

[[Page 262]]

Kachemak City, and the Fritz Creek East area (not including Voznesenka);
    (4) Juneau area--including Juneau, West Juneau, and Douglas;
    (5) Kenai area--including Kenai, Soldotna, Sterling, Nikiski,
Salamatof, Kalifonsky, Kasilof, and Clam Gulch;
    (6) Ketchikan area--including all parts of the road system connected
to the City of Ketchikan including Saxman, Pennock Island and parts of
Gravina Island;
    (7) Prudhoe Bay;
    (8) Seward area--including Seward and Moose Pass;
    (9) Valdez; and
    (10) Wasilla/Palmer area--including Wasilla, Palmer, Sutton, Big
Lake, Houston, Point MacKenzie, and Bodenburg Butte.
    (b) [Reserved]

[72 FR 25697, May 7, 2007]



Sec. 242.24  Customary and traditional use determinations.

    (a) The Federal Subsistence Board has determined that rural Alaska
residents of the listed communities, areas, and individuals have
customary and traditional use of the specified species on Federal public
land in the specified areas. Persons granted individual customary and
traditional use determinations will be notified in writing by the Board.
The Fish & Wildlife Service and the local NPS Superintendent will
maintain the list of individuals having customary and traditional use on
National Parks and Monuments. A copy of the list is available upon
request. 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 priority 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.
    (1) Wildlife determinations. The rural Alaska residents of the
listed communities and areas have a customary and traditional use of the
specified species on Federal public lands within the listed areas:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Unit 1C.......................  Black Bear.......  Residents of Units
                                                    1C, 1D, 3, Hoonah,
                                                    Pelican, Point
                                                    Baker, Sitka, and
                                                    Tenakee Springs.
Unit 1A.......................  Brown Bear.......  Residents of Unit 1A,
                                                    excluding residents
                                                    of Hyder.
Unit 1B.......................  Brown Bear.......  Residents of Unit 1A,
                                                    Petersburg, and
                                                    Wrangell, excluding
                                                    residents of Hyder.
Unit 1C.......................  Brown Bear.......  Residents of Unit 1C,
                                                    Haines, Hoonah,
                                                    Kake, Klukwan,
                                                    Skagway, and
                                                    Wrangell, excluding
                                                    residents of
                                                    Gustavus.
Unit 1D.......................  Brown Bear.......  Residents of Unit 1D.
Unit 1A.......................  Deer.............  Residents of Units 1A
                                                    and 2.
Unit 1B.......................  Deer.............  Residents of Units
                                                    1A, 1B, 2, and 3.
Unit 1C.......................  Deer.............  Residents of Units
                                                    1C, 1D, Hoonah,
                                                    Kake, and
                                                    Petersburg.
Unit 1D.......................  Deer.............  No Federal
                                                    subsistence
                                                    priority.
Unit 1B.......................  Goat.............  Residents of Units 1B
                                                    and 3.
Unit 1C.......................  Goat.............  Residents of Haines,
                                                    Kake, Klukwan,
                                                    Petersburg, and
                                                    Hoonah.
Unit 1B.......................  Moose............  Residents of Units 1,
                                                    2, 3, and 4.
Unit 1C.......................  Moose............  Residents of Units 1,
                                                    2, 3, 4, and 5.
Unit 1D.......................  Moose............  Residents of Unit 1D.
Unit 2........................  Deer.............  Residents of Units
                                                    1A, 2, and 3.
Unit 3........................  Deer.............  Residents of Units
                                                    1B, 3, Port
                                                    Alexander, Port
                                                    Protection, Pt.
                                                    Baker, and Meyers
                                                    Chuck.
Unit 3, Wrangell and Mitkof     Moose............  Residents of Units
 Islands.                                           1B, 2, and 3.
Unit 4........................  Brown Bear.......  Residents of Unit 4
                                                    and Kake.
Unit 4........................  Deer.............  Residents of Unit 4,
                                                    Kake, Gustavus,
                                                    Haines, Petersburg,
                                                    Pt. Baker, Klukwan,
                                                    Port Protection,
                                                    Wrangell, and
                                                    Yakutat.
Unit 4........................  Goat.............  Residents of Sitka,
                                                    Hoonah, Tenakee,
                                                    Pelican, Funter Bay,
                                                    Angoon, Port
                                                    Alexander, and Elfin
                                                    Cove.
Unit 5........................  Black Bear.......  Residents of Unit 5A.
Unit 5........................  Brown Bear.......  Residents of Yakutat.
Unit 5........................  Deer.............  Residents of Yakutat.
Unit 5........................  Goat.............  Residents of Unit 5A
Unit 5........................  Moose............  Residents of Unit 5A.

[[Page 263]]


Unit 5........................  Wolf.............  Residents of Unit 5A.
Unit 6A.......................  Black Bear.......  Residents of Yakutat
                                                    and Units 6C and 6D,
                                                    excluding residents
                                                    of Whittier.
Unit 6, remainder.............  Black Bear.......  Residents of Units 6C
                                                    and 6D, excluding
                                                    residents of
                                                    Whittier.
Unit 6........................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 6A.......................  Goat.............  Residents of Units
                                                    5A, 6C, Chenega Bay,
                                                    and Tatitlek.
Unit 6C and Unit 6D...........  Goat.............  Residents of Units 6C
                                                    and D.
Unit 6A.......................  Moose............  Residents of Units
                                                    5A, 6A, 6B, and 6C.
Unit 6B and Unit 6C...........  Moose............  Residents of Units
                                                    6A, 6B, and 6C.
Unit 6D.......................  Moose............  No Federal
                                                    subsistence
                                                    priority.
Unit 6A.......................  Wolf.............  Residents of Units
                                                    5A, 6, 9, 10 (Unimak
                                                    Island only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 6, remainder.............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 7........................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 7........................  Caribou..........  Residents of Cooper
                                                    Landing and Hope.
Unit 7, Brown Mountain hunt     Goat.............  Residents of Port
 area.                                              Graham and Nanwalek.
Unit 7........................  Moose............  Residents of Chenega
                                                    Bay, Cooper Landing,
                                                    Hope, and Tatitlek.
Unit 7........................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 7........................  Ruffed Grouse....  No Federal
                                                    subsistence
                                                    priority.
Unit 8........................  Brown Bear.......  Residents of Old
                                                    Harbor, Akhiok,
                                                    Larsen Bay, Karluk,
                                                    Ouzinkie, and Port
                                                    Lions.
Unit 8........................  Deer.............  Residents of Unit 8.
Unit 8........................  Elk..............  Residents of Unit 8.
Unit 8........................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 9D.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 9A and Unit 9B...........  Black Bear.......  Residents of Units
                                                    9A, 9B, 17A, 17B,
                                                    and 17C.
Unit 9A.......................  Brown Bear.......  Residents of Pedro
                                                    Bay.
Unit 9B.......................  Brown Bear.......  Residents of Unit 9B.
Unit 9C.......................  Brown Bear.......  Residents of Unit 9C,
                                                    Igiugig, Kakhonak,
                                                    and Levelock.
Unit 9D.......................  Brown Bear.......  Residents of Units 9D
                                                    and 10 (Unimak
                                                    Island).
Unit 9E.......................  Brown Bear.......  Residents of Chignik,
                                                    Chignik Lagoon,
                                                    Chignik Lake,
                                                    Egegik, Ivanof Bay,
                                                    Perryville, Pilot
                                                    Point, Ugashik, and
                                                    Port Heiden/Meshik.
Unit 9A and Unit 9B...........  Caribou..........  Residents of Units
                                                    9B, 9C, and 17.
Unit 9C.......................  Caribou..........  Residents of Units
                                                    9B, 9C, 17, and
                                                    Egegik.
Unit 9D.......................  Caribou..........  Residents of Unit 9D,
                                                    Akutan, and False
                                                    Pass.
Unit 9E.......................  Caribou..........  Residents of Units
                                                    9B, 9C, 9E, 17,
                                                    Nelson Lagoon, and
                                                    Sand Point.
Unit 9A, Unit 9B, Unit 9C and   Moose............  Residents of Units
 Unit 9E.                                           9A, 9B, 9C, and 9E.
Unit 9D.......................  Moose............  Residents of Cold
                                                    Bay, False Pass,
                                                    King Cove, Nelson
                                                    Lagoon, and Sand
                                                    Point.
Unit 9B.......................  Sheep............  Residents of Iliamna,
                                                    Newhalen, Nondalton,
                                                    Pedro Bay, Port
                                                    Alsworth, and Lake
                                                    Clark National Park
                                                    and Preserve within
                                                    Unit 9B.
Unit 9........................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 9A, Unit 9B, Unit 9C, and  Beaver...........  Residents of Units
 Unit 9E.                                           9A, 9B, 9C, 9E, and
                                                    17.
Unit 10 Unimak Island.........  Brown Bear.......  Residents of Units 9D
                                                    and 10 (Unimak
                                                    Island).
Unit 10 Unimak Island.........  Caribou..........  Residents of Akutan,
                                                    False Pass, King
                                                    Cove, and Sand
                                                    Point.
Unit 10, remainder............  Caribou..........  No Federal
                                                    subsistence
                                                    priority.
Unit 10.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 11.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 11, north of the Sanford   Black Bear.......  Residents of
 River.                                             Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.
Unit 11, remainder............  Black Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Nabesna Road
                                                    (mileposts 25-46),
                                                    Slana, Tazlina, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110),
                                                    Tonsina, and Unit
                                                    11.
Unit 11, north of the Sanford   Brown Bear.......  Residents of
 River.                                             Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.

[[Page 264]]


Unit 11, remainder............  Brown Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Nabesna Road
                                                    (mileposts 25-46),
                                                    Slana, Tazlina, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110),
                                                    Tonsina, and Unit
                                                    11.
Unit 11, north of the Sanford   Caribou..........  Residents of Units
 River.                                             11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
Unit 11, remainder............  Caribou..........  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
Unit 11.......................  Goat.............  Residents of Unit 11,
                                                    Chitina,
                                                    Chistochina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Dot Lake, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110
                                                    Mentasta Pass), and
                                                    Nabesna Road
                                                    (mileposts 25-46).
Unit 11, north of the Sanford   Moose............  Residents of Units
 River.                                             11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
Unit 11, remainder............  Moose............  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
Unit 11, north of the Sanford   Sheep............  Residents of Unit 12,
 River.                                             Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Glennallen,
                                                    Gulkana, Healy Lake,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    McCarthy/South
                                                    Wrangell/South Park,
                                                    Tazlina, Tonsina,
                                                    residents along the
                                                    Nabesna Road--
                                                    Milepost 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Milepost 0-62
                                                    (McCarthy Road).
Unit 11, remainder............  Sheep............  Residents of Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    McCarthy/South
                                                    Wrangell/South Park,
                                                    Tazlina, 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).
Unit 11.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 11.......................  Grouse (Spruce,    Residents of Units
                                 Blue, Ruffed and   11, 12, 13, and
                                 Sharp-tailed).     Chickaloon, 15, 16,
                                                    20D, 22, and 23.
Unit 11.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 12, 13,
                                 tailed).           Chickaloon, 15, 16,
                                                    20D, 22, and 23.
Unit 12.......................  Brown Bear.......  Residents of Unit 12,
                                                    Dot Lake,
                                                    Chistochina, Gakona,
                                                    Mentasta Lake, and
                                                    Slana.
Unit 12.......................  Caribou..........  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
Unit 12, that portion within    Moose............  Residents of Units 12
 the Tetlin National Wildlife                       and 13C, Dot Lake,
 Refuge and those lands within                      and Healy Lake.
 the Wrangell-St. Elias
 National Preserve north and
 east of a line formed by the
 Pickerel Lake Winter Trail
 from the Canadian border to
 Pickerel Lake.
Unit 12, that portion east of   Moose............  Residents of Units 12
 the Nabesna River and Nabesna                      and 13C and Healy
 Glacier, and south of the                          Lake.
 Winter Trail running
 southeast from Pickerel Lake
 to the Canadian border.
Unit 12, remainder............  Moose............  Residents of Unit 11
                                                    north of 62nd
                                                    parallel, Units 12
                                                    and 13A-D,
                                                    Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
Unit 12.......................  Sheep............  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
Unit 12.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 13.......................  Brown Bear.......  Residents of Unit 13
                                                    and Slana.
Unit 13B......................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road and Tok
                                                    Cutoff Road,
                                                    mileposts 79-110),
                                                    13, 20D (excluding
                                                    residents of Fort
                                                    Greely), and
                                                    Chickaloon.
Unit 13C......................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road and Tok
                                                    Cutoff Road,
                                                    mileposts 79-110),
                                                    13, Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
Unit 13A and Unit 13D.........  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    and Chickaloon.

[[Page 265]]


Unit 13E......................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    Chickaloon, McKinley
                                                    Village, and the
                                                    area along the Parks
                                                    Highway between
                                                    mileposts 216 and
                                                    239 (excluding
                                                    residents of Denali
                                                    National Park
                                                    headquarters).
Unit 13D......................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 13A and Unit 13D.........  Moose............  Residents of Unit 13,
                                                    Chickaloon, and
                                                    Slana.
Unit 13B......................  Moose............  Residents of Units 13
                                                    and 20D (excluding
                                                    residents of Fort
                                                    Greely) and
                                                    Chickaloon and
                                                    Slana.
Unit 13C......................  Moose............  Residents of Units 12
                                                    and 13, Chickaloon,
                                                    Healy Lake, Dot
                                                    Lake, and Slana.
Unit 13E......................  Moose............  Residents of Unit 13,
                                                    Chickaloon, McKinley
                                                    Village, Slana, and
                                                    the area along the
                                                    Parks Highway
                                                    between mileposts
                                                    216 and 239
                                                    (excluding residents
                                                    of Denali National
                                                    Park headquarters).
Unit 13D......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 13.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 13.......................  Grouse (Spruce,    Residents of Units
                                 Blue, Ruffed       11, 13, Chickaloon,
                                 Sharp-tailed).     15, 16, 20D, 22 and
                                                    23.
Unit 13.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22 and
                                                    23.
Unit 14C......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 14.......................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 14.......................  Moose............  No Federal
                                                    subsistence
                                                    priority.
Unit 14A and Unit 14C.........  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 15A and Unit 15B.........  Black Bear.......  Residents of
                                                    Ninilchik.
Unit 15C......................  Black Bear.......  Residents of
                                                    Ninilchik, Port
                                                    Graham, and
                                                    Nanwalek.
Unit 15.......................  Brown Bear.......  Residents of
                                                    Ninilchik.
Unit 15A and Unit 15B.........  Moose............  Residents of Cooper
                                                    Landing, Ninilchik,
                                                    Nanwalek, Port
                                                    Graham, and
                                                    Seldovia.
Unit 15C......................  Moose............  Residents of
                                                    Ninilchik, Nanwalek,
                                                    Port Graham, and
                                                    Seldovia.
Unit 15.......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 15.......................  Ptarmigan (Rock,   Residents of Unit 15.
                                 Willow and White-
                                 tailed).
Unit 15.......................  Grouse (Spruce)..  Residents of Unit 15.
Unit 15.......................  Grouse (Ruffed)..  No Federal
                                                    subsistence
                                                    priority.
Unit 16B......................  Black Bear.......  Residents of Unit
                                                    16B.
Unit 16.......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 16A......................  Moose............  No Federal
                                                    subsistence
                                                    priority.
Unit 16B......................  Moose............  Residents of Unit
                                                    16B.
Unit 16.......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 16.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 16.......................  Grouse (Spruce     Residents of Units
                                 and Ruffed).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22 and
                                                    23.
Unit 16.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22 and
                                                    23.
Unit 17A and that portion of    Black Bear.......  Residents of Units 9A
 17B draining into Nuyakuk                          and B, 17, Akiak,
 Lake and Tikchik Lake.                             and Akiachak.
Unit 17, remainder............  Black Bear.......  Residents of Units 9A
                                                    and B, and 17.
Unit 17A and Unit 17B, those    Brown Bear.......  Residents of
 portions north and west of a                       Kwethluk.
 line beginning from the Unit
 18 boundary at the
 northwestern 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.
Unit 17A, remainder...........  Brown Bear.......  Residents of Unit 17,
                                                    Akiak, Akiachak,
                                                    Goodnews Bay, and
                                                    Platinum.
Unit 17B, that portion          Brown Bear.......  Residents of Akiak
 draining into Nuyakuk Lake                         and Akiachak.
 and Tikchik Lake.
Unit 17B and Unit 17C.........  Brown Bear.......  Residents of Unit 17.
Unit 17A, that portion west of  Caribou..........  Residents of Goodnews
 the Izavieknik River, Upper                        Bay, Platinum,
 Togiak Lake, Togiak Lake, and                      Quinhagak, Eek,
 the main course of the Togiak                      Tuntutuliak, and
 River.                                             Napakiak.
Unit 17A, that portion north    Caribou..........  Residents of Akiak,
 of Togiak Lake that includes                       Akiachak, and
 Izavieknik River drainages.                        Tuluksak.

[[Page 266]]


Units 17A and 17B, those        Caribou..........  Residents of
 portions north and west of a                       Kwethluk.
 line beginning from the Unit
 18 boundary at the
 northwestern 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.
Unit 17B, that portion of       Caribou..........  Residents of Bethel,
 Togiak National Wildlife                           Goodnews Bay,
 Refuge within Unit 17B.                            Platinum, Quinhagak,
                                                    Eek, Akiak,
                                                    Akiachak, Tuluksak,
                                                    Tuntutuliak, and
                                                    Napakiak.
Unit 17, remainder............  Caribou..........  Residents of Units
                                                    9B, 17, Lime
                                                    Village, and Stony
                                                    River.
Unit 17A and Unit 17B, those    Moose............  Residents of
 portions north and west of a                       Kwethluk.
 line beginning from the Unit
 18 boundary at the
 northwestern 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.
Unit 17A, that portion north    Moose............  Residents of Akiak,
 of Togiak Lake that includes                       Akiachak.
 Izavieknik River drainages.
Unit 17A, remainder...........  Moose............  Residents of Unit 17,
                                                    Goodnews Bay and
                                                    Platinum; excluding
                                                    residents of
                                                    Akiachak, Akiak, and
                                                    Quinhagak.
Unit 17B, that portion within   Moose............  Residents of Akiak,
 the Togiak National Wildlife                       Akiachak.
 Refuge.
Unit 17B, remainder and Unit    Moose............  Residents of Unit 17,
 17C.                                               Nondalton, Levelock,
                                                    Goodnews Bay, and
                                                    Platinum.
Unit 17.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 17.......................  Beaver...........  Residents of Units
                                                    9A, 9B, 9C, 9E, and
                                                    17.
Unit 18.......................  Black Bear.......  Residents of Unit 18,
                                                    Unit 19A living
                                                    downstream of the
                                                    Holokuk River, Holy
                                                    Cross, Stebbins, St.
                                                    Michael, Twin Hills,
                                                    and Togiak.
Unit 18.......................  Brown Bear.......  Residents of
                                                    Akiachak, Akiak,
                                                    Eek, Goodnews Bay,
                                                    Kwethluk, Mountain
                                                    Village, Napaskiak,
                                                    Platinum, Quinhagak,
                                                    St. Marys, and
                                                    Tuluksak.
Unit 18.......................  Caribou..........  Residents of Unit 18,
                                                    Manokotak, Stebbins,
                                                    St. Michael, Togiak,
                                                    Twin Hills, and
                                                    Upper Kalskag.
Unit 18, that portion of the    Moose............  Residents of Unit 18,
 Yukon River drainage upstream                      Upper Kalskag,
 of Russian Mission and that                        Aniak, and
 portion of the Kuskokwim                           Chuathbaluk.
 River drainage upstream of,
 but not including, the
 Tuluksak River drainage.
Unit 18, that portion north of  Moose............  Residents of Unit 18,
 a line from Cape Romanzof to                       St. Michael,
 Kusilvak Mountain to Mountain                      Stebbins, and Upper
 Village, and all drainages                         Kalskag.
 north of the Yukon River
 downstream from Marshall.
Unit 18, remainder............  Moose............  Residents of Unit 18
                                                    and Upper Kalskag.
Unit 18.......................  Musk ox..........  No Federal
                                                    subsistence
                                                    priority.
Unit 18.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 19C and Unit 19D.........  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 19A and Unit 19B.........  Brown Bear.......  Residents of Units 18
                                                    and 19 within the
                                                    Kuskokwim River
                                                    drainage upstream
                                                    from, and including,
                                                    the Johnson River.
Unit 19C......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 19D......................  Brown Bear.......  Residents of Units
                                                    19A and D, Tuluksak,
                                                    and Lower Kalskag.
Unit 19A and Unit 19B.........  Caribou..........  Residents of Units
                                                    19A and 19B, Unit 18
                                                    within the Kuskokwim
                                                    River drainage
                                                    upstream from, and
                                                    including, the
                                                    Johnson River, and
                                                    residents of St.
                                                    Marys, Marshall,
                                                    Pilot Station, and
                                                    Russian Mission.
Unit 19C......................  Caribou..........  Residents of Unit
                                                    19C, Lime Village,
                                                    McGrath, Nikolai,
                                                    and Telida.
Unit 19D......................  Caribou..........  Residents of Unit
                                                    19D, Lime Village,
                                                    Sleetmute, and Stony
                                                    River.
Unit 19A and Unit 9B..........  Moose............  Residents of Unit 18
                                                    within Kuskokwim
                                                    River drainage
                                                    upstream from and
                                                    including the
                                                    Johnson River, and
                                                    residents of Unit
                                                    19.
Unit 19B, west of the           Moose............  Residents of Eek and
 Kogrukluk River.                                   Quinhagak.
Unit 19C......................  Moose............  Residents of Unit 19.

[[Page 267]]


Unit 19D......................  Moose............  Residents of Unit 19
                                                    and Lake Minchumina.
Unit 19.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 20D......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 20F......................  Black Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
Unit 20E......................  Brown Bear.......  Residents of Unit 12
                                                    and Dot Lake.
Unit 20F......................  Brown Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
Unit 20A......................  Caribou..........  Residents of
                                                    Cantwell, Nenana,
                                                    and those domiciled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20B......................  Caribou..........  Residents of Unit
                                                    20B, Nenana, and
                                                    Tanana.
Unit 20C......................  Caribou..........  Residents of Unit 20C
                                                    living east of the
                                                    Teklanika River,
                                                    residents of
                                                    Cantwell, Lake
                                                    Minchumina, Manley
                                                    Hot Springs, Minto,
                                                    Nenana, Nikolai,
                                                    Tanana, Telida, and
                                                    those domiciled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway and
                                                    between mileposts
                                                    300 and 309,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20D and Unit 20E.........  Caribou..........  Residents of Units
                                                    20D, 20E, 20F, 25,
                                                    12 (north of the
                                                    Wrangell-St. Elias
                                                    National Park and
                                                    Preserve), Eureka,
                                                    Livengood, Manley,
                                                    and Minto.
Unit 20F......................  Caribou..........  Residents of Units
                                                    20F and 25D and
                                                    Manley Hot Springs.
Unit 20A......................  Moose............  Residents of
                                                    Cantwell, Minto,
                                                    Nenana, McKinley
                                                    Village, and the
                                                    area along the Parks
                                                    Highway between
                                                    mileposts 216 and
                                                    239, excluding
                                                    residents of
                                                    households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20B, Minto Flats           Moose............  Residents of Minto
 Management Area.                                   and Nenana.
Unit 20B, remainder...........  Moose............  Residents of Unit
                                                    20B, Nenana, and
                                                    Tanana.
Unit 20C......................  Moose............  Residents of Unit 20C
                                                    (except that portion
                                                    within Denali
                                                    National Park and
                                                    Preserve and that
                                                    portion east of the
                                                    Teklanika River),
                                                    Cantwell, Manley Hot
                                                    Springs, Minto,
                                                    Nenana, those
                                                    domiciled between
                                                    mileposts 300 and
                                                    309 of the Parks
                                                    Highway, Nikolai,
                                                    Tanana, Telida,
                                                    McKinley Village,
                                                    and the area along
                                                    the Parks Highway
                                                    between mileposts
                                                    216 and 239,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20D......................  Moose............  Residents of Unit 20D
                                                    and Tanacross.
Unit 20E......................  Moose............  Residents of Unit
                                                    20E, Unit 12 north
                                                    of the Wrangell-St.
                                                    Elias National
                                                    Preserve, Circle,
                                                    Central, Dot Lake,
                                                    Healy Lake, and
                                                    Mentasta Lake.
Unit 20F......................  Moose............  Residents of Unit
                                                    20F, Manley Hot
                                                    Springs, Minto, and
                                                    Stevens Village.
Unit 20E......................  Sheep............  Residents of Units
                                                    20E, 25B, 25C, 25D,
                                                    and Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    and Tok.
Unit 20F......................  Wolf.............  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
Unit 20, remainder............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 20D......................  Grouse, (Spruce,   Residents of Units
                                 Ruffed and Sharp-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22, and
                                                    23.
Unit 20D......................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 21.......................  Brown Bear.......  Residents of Units 21
                                                    and 23.
Unit 21A......................  Caribou..........  Residents of Units
                                                    21A, 21D, 21E,
                                                    Aniak, Chuathbaluk,
                                                    Crooked Creek,
                                                    McGrath, and
                                                    Takotna.
Unit 21B and Unit 21C.........  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Tanana.
Unit 21D......................  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Huslia.
Unit 21E......................  Caribou..........  Residents of Units
                                                    21A, 21E, Aniak,
                                                    Chuathbaluk, Crooked
                                                    Creek, McGrath, and
                                                    Takotna.

[[Page 268]]


Unit 21A......................  Moose............  Residents of Units
                                                    21A, 21E, Takotna,
                                                    McGrath, Aniak, and
                                                    Crooked Creek.
Unit 21B and Unit 21C.........  Moose............  Residents of Units
                                                    21B, 21C, Tanana,
                                                    Ruby, and Galena.
Unit 21D......................  Moose............  Residents of Units
                                                    21D, Huslia, and
                                                    Ruby.
Unit 21E, south of a line       Moose............  Residents of Unit
 beginning at the western                           21E, Aniak,
 boundary of Unit 21E near the                      Chuathbaluk,
 mouth of Paimiut Slough,                           Kalskag, Lower
 extending easterly along the                       Kalskag, and Russian
 south bank of Paimiut Slough                       Mission.
 to Upper High Bank, and
 southeasterly in the
 direction of Molybdenum
 Mountain to the juncture of
 Units 19A, 21A, and 21E.
Unit 21E remainder............  Moose............  Residents of Unit 21E
                                                    and Russian Mission.
Unit 21.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 22A......................  Black Bear.......  Residents of Unit 22A
                                                    and Koyuk.
Unit 22B......................  Black Bear.......  Residents of Unit
                                                    22B.
Unit 22C, Unit 22D, and Unit    Black Bear.......  No Federal
 22E.                                               subsistence
                                                    priority.
Unit 22.......................  Brown Bear.......  Residents of Unit 22.
Unit 22A......................  Caribou..........  Residents of Units
                                                    21D west of the
                                                    Koyukuk and Yukon
                                                    Rivers, 22 (except
                                                    residents of St.
                                                    Lawrence Island),
                                                    23, 24, Kotlik,
                                                    Emmonak, Hooper Bay,
                                                    Scammon Bay, Chevak,
                                                    Marshall, Mountain
                                                    Village, Pilot
                                                    Station, Pitka's
                                                    Point, Russian
                                                    Mission, St. Marys,
                                                    Nunam Iqua, and
                                                    Alakanuk.
Unit 22, remainder............  Caribou..........  Residents of Units
                                                    21D west of the
                                                    Koyukuk and Yukon
                                                    Rivers, 22
                                                    (excluding residents
                                                    of St. Lawrence
                                                    Island), 23, and 24.
Unit 22.......................  Moose............  Residents of Unit 22.
Unit 22A......................  Musk ox..........  All rural residents.
Unit 22B, west of the Darby     Musk ox..........  Residents of Units
 Mountains.                                         22B and 22C.
Unit 22B, remainder...........  Musk ox..........  Residents of Unit
                                                    22B.
Unit 22C......................  Musk ox..........  Residents of Unit
                                                    22C.
Unit 22D......................  Musk ox..........  Residents of Units
                                                    22B, 22C, 22D, and
                                                    22E (excluding St.
                                                    Lawrence Island).
Unit 22E......................  Musk ox..........  Residents of Unit 22E
                                                    (excluding Little
                                                    Diomede Island).
Unit 22.......................  Wolf.............  Residents of Units
                                                    23, 22, 21D north
                                                    and west of the
                                                    Yukon River, and
                                                    Kotlik.
Unit 22.......................  Grouse (Spruce)..  Residents of Units
                                                    11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 22.......................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 23.......................  Black Bear.......  Residents of Unit 23,
                                                    Alatna, Allakaket,
                                                    Bettles, Evansville,
                                                    Galena, Hughes,
                                                    Huslia, and Koyukuk.
Unit 23.......................  Brown Bear.......  Residents of Units 21
                                                    and 23.
Unit 23.......................  Caribou..........  Residents of Units
                                                    21D west of the
                                                    Koyukuk and Yukon
                                                    Rivers, Galena, 22,
                                                    23, 24 including
                                                    residents of Wiseman
                                                    but not including
                                                    other residents of
                                                    the Dalton Highway
                                                    Corridor Management
                                                    Area, and 26A.
Unit 23.......................  Moose............  Residents of Unit 23.
Unit 23, south of Kotzebue      Musk ox..........  Residents of Unit 23
 Sound and west of and                              south of Kotzebue
 including the Buckland River                       Sound and west of
 drainage.                                          and including the
                                                    Buckland River
                                                    drainage.
Unit 23, remainder............  Musk ox..........  Residents of Unit 23
                                                    east and north of
                                                    the Buckland River
                                                    drainage.
Unit 23.......................  Sheep............  Residents of Point
                                                    Lay and Unit 23
                                                    north of the Arctic
                                                    Circle.
Unit 23.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 23.......................  Grouse (Spruce     Residents of Units
                                 and Ruffed).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 23.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22, and
                                                    23.
Unit 24, that portion south of  Black Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village, Unit 24,
 the public lands composing or                      and Wiseman, but not
 immediately adjacent to the                        including any other
 Dalton Highway Corridor                            residents of the
 Management Area.                                   Dalton Highway
                                                    Corridor Management
                                                    Area.
Unit 24, remainder............  Black Bear.......  Residents of Unit 24
                                                    and Wiseman, but not
                                                    including any other
                                                    residents of the
                                                    Dalton Highway
                                                    Corridor Management
                                                    Area.

[[Page 269]]


Unit 24, that portion south of  Brown Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village and Unit 24.
 the public lands composing or
 immediately adjacent to the
 Dalton Highway Corridor
 Management Area.
Unit 24, remainder............  Brown Bear.......  Residents of Unit 24.
Unit 24.......................  Caribou..........  Residents of Unit 24,
                                                    Galena, Kobuk,
                                                    Koyukuk, Stevens
                                                    Village, and Tanana.
Unit 24.......................  Moose............  Residents of Unit 24,
                                                    Koyukuk, and Galena.
Unit 24.......................  Sheep............  Residents of Unit 24
                                                    residing north of
                                                    the Arctic Circle,
                                                    Allakaket, Alatna,
                                                    Hughes, and Huslia.
Unit 24.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 25D......................  Black Bear.......  Residents of Unit
                                                    25D.
Unit 25D......................  Brown Bear.......  Residents of Unit
                                                    25D.
Unit 25, remainder............  Brown Bear.......  Residents of Unit 25
                                                    and Eagle.
Unit 25A......................  Caribou..........  Residents of Units
                                                    24A and 25.
Unit 25B and Unit 25C.........  Caribou..........  Residents of Units 12
                                                    (north of Wrangell-
                                                    St. Elias National
                                                    Preserve), 20D, 20E,
                                                    20F, and 25.
Unit 25D......................  Caribou..........  Residents of Units
                                                    20F and 25D and
                                                    Manley Hot Springs.
Unit 25A......................  Moose............  Residents of Units
                                                    25A and 25D.
Unit 25D, west................  Moose............  Residents of Unit 25D
                                                    West.
Unit 25D, remainder...........  Moose............  Residents of
                                                    remainder of Unit
                                                    25.
Unit 25A......................  Sheep............  Residents of Arctic
                                                    Village,
                                                    Chalkyitsik, Fort
                                                    Yukon, Kaktovik, and
                                                    Venetie.
Unit 25B and Unit 25C.........  Sheep............  Residents of Units
                                                    20E, 25B, 25C, and
                                                    25D.
Unit 25D......................  Wolf.............  Residents of Unit
                                                    25D.
Unit 25, remainder............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 26.......................  Brown Bear.......  Residents of Unit 26
                                                    (excluding the
                                                    Prudhoe Bay-
                                                    Deadhorse Industrial
                                                    Complex), Anaktuvuk
                                                    Pass, and Point
                                                    Hope.
Unit 26A and C................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
Unit 26B......................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and Unit
                                                    24 within the Dalton
                                                    Highway Corridor
                                                    Management Area.
Unit 26.......................  Moose............  Residents of Unit 26
                                                    (excluding the
                                                    Prudhoe Bay-
                                                    Deadhorse Industrial
                                                    Complex), Point
                                                    Hope, and Anaktuvuk
                                                    Pass.
Unit 26A......................  Musk ox..........  Residents of
                                                    Anaktuvuk Pass,
                                                    Atqasuk, Barrow,
                                                    Nuiqsut, Point Hope,
                                                    Point Lay, and
                                                    Wainwright.
Unit 26B......................  Musk ox..........  Residents of
                                                    Anaktuvuk Pass,
                                                    Nuiqsut, and
                                                    Kaktovik.
Unit 26C......................  Musk ox..........  Residents of
                                                    Kaktovik.
Unit 26A......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
Unit 26B......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and
                                                    Wiseman.
Unit 26C......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Arctic Village,
                                                    Chalkyitsik, Fort
                                                    Yukon, Point Hope,
                                                    and Venetie.
Unit 26.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------

    (2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
KOTZEBUE AREA.................  All fish.........  Residents of the
                                                    Kotzebue Area.
NORTON SOUND--PORT CLARENCE
 AREA:
    Norton Sound--Port          All fish.........  Residents of Kotlik,
     Clarence Area, waters                          St. Michael and
     draining into Norton                           Stebbins.
     Sound between Point
     Romanof and Canal Point.
    Norton Sound--Port          All fish.........  Residents of the
     Clarence Area, remainder.                      Norton Sound--Port
                                                    Clarence Area.

[[Page 270]]


YUKON-NORTHERN AREA:
    Yukon River drainage......  Salmon, other      Residents of the
                                 than fall chum     Yukon River drainage
                                 salmon.            and the community of
                                                    Stebbins.
    Yukon River drainage......  Fall chum salmon.  Residents of the
                                                    Yukon River drainage
                                                    and the communities
                                                    of Chevak, Hooper
                                                    Bay, Scammon Bay,
                                                    and Stebbins.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon-Northern Area.
                                 salmon).
    Remainder of the Yukon-     All fish.........  Residents of the
     Northern Area.                                 Yukon-Northern Area,
                                                    excluding the
                                                    residents of the
                                                    Yukon River drainage
                                                    and excluding those
                                                    domiciled in Unit
                                                    26B.
    Tanana River drainage       Freshwater fish    Residents of the
     contained within the        (other than        Yukon-Northern Area
     Tetlin NWR and the          salmon).           and residents of
     Wrangell-St. Elias NPP.                        Chistochina,
                                                    Mentasta Lake,
                                                    Slana, and all
                                                    residents living
                                                    between Mentasta
                                                    Lake and
                                                    Chistochina.
KUSKOKWIM AREA:
                                Salmon...........  Residents of the
                                                    Kuskokwim Area,
                                                    except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installations
                                                    located on Cape
                                                    Newenham, Sparrevohn
                                                    USAFB, and Tatalina
                                                    USAFB.
                                Rainbow trout....  Residents of the
                                                    communities of
                                                    Akiachak, Akiak,
                                                    Aniak, Atmautluak,
                                                    Bethel, Chuathbaluk,
                                                    Crooked Creek, Eek,
                                                    Goodnews Bay,
                                                    Kasigluk, Kwethluk,
                                                    Lower Kalskag,
                                                    Napakiak, Napaskiak,
                                                    Nunapitchuk,
                                                    Oscarville,
                                                    Platinum, Quinhagak,
                                                    Tuluksak,
                                                    Tuntutuliak, and
                                                    Upper Kalskag.
                                Pacific cod......  Residents of the
                                                    communities of
                                                    Chefornak, Chevak,
                                                    Eek, Kipnuk,
                                                    Kongiganak,
                                                    Kwigillingok,
                                                    Mekoryuk, Newtok,
                                                    Nightmute, Tununak,
                                                    Toksook Bay, and
                                                    Tuntutuliak.
                                All other fish     Residents of the
                                 other than         Kuskokwim Area,
                                 herring.           except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installation located
                                                    on Cape Newenham,
                                                    Sparrevohn USAFB,
                                                    and Tatalina USAFB.
    Waters around Nunivak       Herring and        Residents within 20
     Island.                     herring roe.       miles of the coast
                                                    between the
                                                    westernmost tip of
                                                    the Naskonat
                                                    Peninsula and the
                                                    terminus of the
                                                    Ishowik River and on
                                                    Nunivak Island.
BRISTOL BAY AREA:
    Nushagak District,          Salmon and         Residents of the
     including drainages         freshwater fish.   Nushagak District
     flowing into the district.                     and freshwater
                                                    drainages flowing
                                                    into the district.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Naknek River drainage.      freshwater fish.   Naknek and Kvichak
                                                    River drainages.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Kvichak/Iliamna--Lake       freshwater fish.   Kvichak/Iliamna-Lake
     Clark drainage.                                Clark drainage.
    Togiak District, including  Salmon and         Residents of the
     drainages flowing into      freshwater fish.   Togiak District,
     the district.                                  freshwater drainages
                                                    flowing into the
                                                    district, and the
                                                    community of
                                                    Manokotak.
    Egegik District, including  Salmon and         Residents of South
     drainages flowing into      freshwater fish.   Naknek, the Egegik
     the district.                                  District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Ugashik District,           Salmon and         Residents of the
     including drainages         freshwater fish.   Ugashik District and
     flowing into the district.                     freshwater drainages
                                                    flowing into the
                                                    district.
    Togiak District...........  Herring spawn on   Residents of the
                                 kelp.              Togiak District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Remainder of the Bristol    All fish.........  Residents of the
     Bay Area.                                      Bristol Bay Area.
ALEUTIAN ISLANDS AREA.........  All fish.........  Residents of the
                                                    Aleutian Islands
                                                    Area and the
                                                    Pribilof Islands.
ALASKA PENINSULA AREA.........  All fish.........  Residents of the
                                                    Alaska Peninsula
                                                    Area.
CHIGNIK AREA..................  Salmon and fish    Residents of the
                                 other than         Chignik Area.
                                 rainbow/
                                 steelhead trout.
KODIAK AREA:
    Except the Mainland         Salmon...........  Residents of the
     District, all waters                           Kodiak Island
     along the south side of                        Borough, except
     the Alaska Peninsula                           those residing on
     bounded by the latitude                        the Kodiak Coast
     of Cape Douglas                                Guard Base.
     (58[deg]51.10[min] North
     latitude) mid-stream
     Shelikof Strait, north
     and east of the longitude
     of the southern entrance
     of Imuya Bay near Kilokak
     Rocks (57[deg]10.34[min]
     North latitude,
     156[deg]20.22[min] West
     longitude).

[[Page 271]]


    Kodiak Area...............  Fish other than    Residents of the
                                 rainbow/           Kodiak Area.
                                 steelhead trout
                                 and salmon.
COOK INLET AREA:
    Kenai Peninsula District--  All fish.........  Residents of the
     Waters north of and                            communities of
     including the Kenai River                      Cooper Landing, Hope
     drainage within the Kenai                      and Ninilchik.
     National Wildlife Refuge
     and the Chugach National
     Forest.
    Waters within the Kasilof   All fish.........  Residents of the
     River drainage within the                      community of
     Kenai NWR.                                     Ninilchik.
    Waters within Lake Clark    Salmon...........  Residents of the
     National Park draining                         Tuxedni Bay Area.
     into and including that
     portion of Tuxedni Bay
     within the park.
    Cook Inlet Area...........  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
    Remainder of the Cook       Salmon, Dolly      All rural residents.
     Inlet Area.                 Varden, trout,
                                 char, grayling,
                                 and burbot.
PRINCE WILLIAM SOUND AREA:
    Southwestern District and   Salmon...........  Residents of the
     Green Island.                                  Southwestern
                                                    District, which is
                                                    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.
    North of a line from        Salmon...........  Residents of the
     Porcupine Point to                             villages of Tatitlek
     Granite Point, and south                       and Ellamar.
     of a line from Point Lowe
     to Tongue Point.
    Copper River drainage       Freshwater fish..  Residents of
     upstream from Haley Creek.                     Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Gulkana National Wild and   Freshwater fish..  Residents of
     Scenic River.                                  Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Waters of the Prince        Freshwater fish    Residents of the
     William Sound Area,         (trout, char,      Prince William Sound
     except for the Copper       whitefish,         Area, except those
     River drainage upstream     suckers,           living in the Copper
     of Haley Creek.             grayling, and      River drainage
                                 burbot).           upstream of Haley
                                                    Creek.
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell,
     District.                                      Chickaloon, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Glennallen Subdistrict of   Salmon...........  Residents of the
     the Upper Copper River                         Prince William Sound
     District.                                      Area and residents
                                                    of Cantwell,
                                                    Chickaloon, Chisana,
                                                    Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    Tok, and those
                                                    individuals living
                                                    along the Alaska
                                                    Highway from the
                                                    Alaskan/Canadian
                                                    border to Dot Lake,
                                                    along the Tok Cutoff
                                                    from Tok to Mentasta
                                                    Pass, and along the
                                                    Nabesna Road.

[[Page 272]]


    Waters of the Copper River  Salmon...........  Residents of Mentasta
     between National Park                          Lake and Dot Lake.
     Service regulatory
     markers located near the
     mouth of Tanada Creek,
     and in Tanada Creek
     between National Park
     Service regulatory
     markers identifying the
     open waters of the creek.
    Remainder of the Prince     Salmon...........  Residents of the
     William Sound Area.                            Prince William Sound
                                                    Area.
    Waters of the Bering River  Eulachon.........  Residents of Cordova.
     area from Point Martin to
     Cape Suckling.
    Waters of the Copper River  Eulachon.........  Residents of Cordova,
     Delta from the Eyak River                      Chenega Bay, and
     to Point Martin.                               Tatitlek.
YAKUTAT AREA:
    Fresh water upstream from   Salmon...........  Residents of the area
     the terminus of streams                        east of Yakutat Bay,
     and rivers of the Yakutat                      including the
     Area from the Doame River                      islands within
     to the Tsiu River.                             Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Fresh water upstream from   Dolly Varden,      Residents of the area
     the terminus of streams     steelhead trout,   east of Yakutat Bay,
     and rivers of the Yakutat   and smelt.         including the
     Area from the Doame River                      islands within
     to Point Manby.                                Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Remainder of the Yakutat    Dolly Varden,      Residents of
     Area.                       trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
                                Salmon...........  All rural residents.
SOUTHEASTERN ALASKA AREA:
    District 1--Section 1E in   Salmon, Dolly      Residents of the City
     waters of the Naha River    Varden, trout,     of Saxman.
     and Roosevelt Lagoon.       smelt, and
                                 eulachon.
    District 1--Section 1F in   Salmon, Dolly      Residents of the City
     Boca de Quadra in waters    Varden, trout,     of Saxman.
     of Sockeye Creek and Hugh   smelt, and
     Smith Lake within 500       eulachon.
     yards of the terminus of
     Sockeye Creek.
    Districts 2, 3, and 5 and   Salmon, Dolly      Residents living
     waters draining into        Varden, trout,     south of Sumner
     those Districts.            smelt, and         Strait and west of
                                 eulachon.          Clarence Strait and
                                                    Kashevaroff Passage.
    District 5--North of a      Salmon, Dolly      Residents of the City
     line from Point Barrie to   Varden, trout,     of Kake and in
     Boulder Point.              smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 6 and waters       Salmon, Dolly      Residents living
     draining into that          Varden, trout,     south of Sumner
     District.                   smelt, and         Strait and west of
                                 eulachon.          Clarence Strait and
                                                    Kashevaroff Passage;
                                                    residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 7 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into District 6
                                 eulachon.          north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 8 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into Districts 7 &
                                 eulachon.          8, residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island), and
                                                    residents of Meyers
                                                    Chuck.
    District 9--Section 9A....  Salmon, Dolly      Residents of the City
                                 Varden, trout,     of Kake and in
                                 smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 9--Section 9B      Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     of Kake and in
     Swain Point.                smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 10--West of a      Salmon, Dolly      Residents of the City
     line from Pinta Point to    Varden, trout,     of Kake and in
     False Point Pybus.          smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 12--Section 12A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of a line from Fishery                         into Districts 12
     Point to South Passage                         and 14.
     point.

[[Page 273]]


    District 12--Section 12B..  All fish.........  Residents of
                                                    drainages flowing
                                                    into Districts 12
                                                    and 14.
    District 12--Section 12A,   Salmon, Dolly      Residents of the City
     the area south of a line    Varden, trout,     of Angoon and along
     from Fishery Point to       smelt, and         the western shore of
     South Passage Point.        eulachon.          Admiralty Island
                                                    north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134[deg]30[min] West
                                                    longitude, including
                                                    Killisnoo Island.
    District 13--Section 13A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of the latitude of Cape                        into Sections 13A,
     Edward.                                        13B, and District
                                                    14.
    District 13--Section 13A,   Salmon, Dolly      Residents of the City
     south of the latitude of    Varden, trout,     and Borough of Sitka
     Cape Edward.                smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B, north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13B    Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     and Borough of Sitka
     Redfish Cape.               smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C..  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C    Salmon, Dolly      Residents of the City
     east of the longitude of    Varden, trout,     of Angoon and along
     Point Elizabeth.            smelt, and         the western shore of
                                 eulachon.          Admiralty Island
                                                    north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134[deg]30[min] West
                                                    longitude, including
                                                    Killisnoo Island.
    District 13--Section 13C..  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 14...............  All fish.........  Residents of
                                                    drainages flowing
                                                    into Sections 12A,
                                                    13A, and District
                                                    14.
    Remainder of the            Dolly Varden,      Residents of
     Southeastern Alaska Area.   trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
                                Salmon...........  All rural residents.
------------------------------------------------------------------------

    (3) Shellfish determinations. The following communities and areas
have been found to have a positive customary and traditional use
determination in the listed area for the indicated species:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Bering Sea Area...............  All shellfish....  Residents of the
                                                    Bering Sea Area.
Alaska Peninsula-Aleutian       Shrimp Dungeness,  Residents of the
 Islands Area.                   and Tanner crab.   Alaska Peninsula-
                                                    Aleutian Islands
                                                    Area.
Kodiak Area...................  Shrimp,            Residents of the
                                 Dungeness, and     Kodiak Area.
                                 Tanner crab.
    Kodiak Area, except for     King crab........  Residents of the
     the Semidi Island, the                         Kodiak Island
     North Mainland, and the                        Borough, except
     South Mainland Sections.                       those residents on
                                                    the Kodiak Coast
                                                    Guard base.
Cook Inlet Area:
    Federal waters in the       Shellfish........  Residents of Tuxedni
     Tuxedni Bay Area within                        Bay, Chisik Island,
     the boundaries of Lake                         and Tyonek.
     Clark National Park.
Prince William Sound Area.....  Shrimp, clams,     Residents of the
                                 Dungeness, king,   Prince William Sound
                                 and Tanner crab.   Area.
Southeastern Alaska--Yakutat
 Area:
    Section 1E south of the     Shellfish, except  Residents of the
     latitude of Grant Island    shrimp, king       Southeast Area.
     light.                      crab, and Tanner
                                 crab..
    Section 1F north of the     Shellfish, except  Residents of the
     latitude of the             shrimp, king       Southeast Area.
     northernmost tip of Mary    crab, and Tanner
     Island, except waters of    crab.
     Boca de Quadra.
    Section 3A and 3B.........  Shellfish, except  Residents of the
                                 shrimp, king       Southeast Area.
                                 crab, and Tanner
                                 crab.
    District 13...............  Dungeness crab,    Residents of the
                                 shrimp, abalone,   Southeast Area.
                                 sea cucumbers,
                                 gum boots,
                                 cockles, and
                                 clams, except
                                 geoducks.
------------------------------------------------------------------------

    (b) [Reserved]

[64 FR 1301, Jan. 8, 1999]

[[Page 274]]


    Editorial Note: For Federal Register citations affecting Sec.
242.24, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.



            Subpart D_Subsistence Taking of Fish and Wildlife



Sec. 242.25  Subsistence taking of fish, wildlife, and shellfish:
general regulations.

    (a) Definitions. The following definitions apply to all regulations
contained in this part:
    Abalone iron means a flat device which is used for taking abalone
and which is more than 1 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.
    Airborne means transported by aircraft.
    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's Alaska Airman's Guide and chart supplement.
    Anchor means a device used to hold a 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.
    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, elk, or moose.
    Antlered means any caribou, deer, elk, or moose having at least one
visible antler.
    Antlerless means any caribou, deer, elk, or moose not having visible
antlers attached to the skull.
    Bait means any material excluding a scent lure that is placed to
attract an animal by its sense of smell or taste; however, those parts
of legally taken animals that are not required to be salvaged and which
are left at the kill site are not considered bait.
    Beach seine means a floating net which is designed to surround fish
and is set from and hauled to the beach.
    Bear means black bear, or brown or grizzly bear.
    Big game means black bear, brown bear, bison, caribou, Sitka black-
tailed deer, elk, mountain goat, moose, musk ox, Dall sheep, wolf, and
wolverine.
    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 of an 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, elk, or musk oxen.
    Calf means a moose, caribou, elk, musk ox, or bison less than 12
months old.
    Cast net means a circular net with a mesh size of no more than 1.5
inches and weights attached to the perimeter, which, when thrown,
surrounds the fish and closes at the bottom when retrieved.
    Char means the following species: Arctic char (Salvelinus alpinis),
lake trout (Salvelinus namaycush), brook trout (Salvelinus fontinalis),
and Dolly Varden (Salvelinus malma).
    Closed season means the time when fish, wildlife, or shellfish may
not be taken.
    Crab means the following species: Red king crab (Paralithodes
camshatica), blue king crab (Paralithodes platypus), brown king crab
(Lithodes aequispina), scarlet king crab (Lithodes couesi), all species
of tanner or snow crab (Chionoecetes spp.), and Dungeness crab (Cancer
magister).
    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.
    Depth of net means the perpendicular distance between cork line and
lead line expressed as either linear units of

[[Page 275]]

measure or as a number of meshes, including all of the web of which the
net is composed.
    Designated hunter or fisherman means a Federally qualified hunter or
fisherman who may take all or a portion of another Federally qualified
hunter's or fisherman's harvest limit(s) only under situations approved
by the Board.
    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 5 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; a tethered, umbilical, surface-supplied unit;
or snorkel.
    Drainage means all of the lands and waters comprising a watershed,
including tributary rivers, streams, sloughs, ponds, and lakes, which
contribute to the water supply of the watershed.
    Drawing permit means a permit issued to a limited number of
Federally qualified subsistence users selected by means of a random
drawing.
    Drift gillnet means a drifting gillnet that has not been
intentionally staked, anchored, or otherwise fixed in one place.
    Edible meat means the breast meat of ptarmigan and grouse and those
parts of caribou, deer, elk, 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 distal (bottom)
joint of the radius-ulna (knee), 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 in this definition 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. For black bear, brown and
grizzly bear, ``edible meat'' means the meat of the front quarter and
hindquarters and meat along the backbone (backstrap).
    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.
    Field means an area outside of established year-round dwellings,
businesses, or other developments usually associated with a city, town,
or village; field does not include permanent hotels or roadhouses on the
State road system or at State or Federally maintained airports.
    Fifty-inch (50-inch) moose means a bull moose with an antler spread
of 50 inches or more.
    Fish wheel means a fixed, rotating device, with no more than four
baskets on a single axle, for catching fish, which is driven by river
current or other means.
    Fresh water of streams and rivers means the line at which fresh
water is separated from salt water at the mouth of streams and rivers by
a line drawn headland to headland across the mouth as the waters flow
into the sea.
    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.
    Fyke net means a fixed, funneling (fyke) device used to entrap fish.
    Gear means any type of fishing apparatus.
    Gillnet 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.

[[Page 276]]

    Grappling hook means a hooked device with flukes or claws, which is
attached to a line and operated by hand.
    Groundfish or bottomfish means any marine fish except halibut,
osmerids, herring, and salmonids.
    Grouse collectively refers to all species found in Alaska, including
spruce grouse, ruffed grouse, sooty grouse (formerly blue), and sharp-
tailed grouse.
    Hand purse seine means a floating net that 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.
    Handicraft means a finished product made by a rural Alaskan resident
from the nonedible byproducts of fish or wildlife and is composed wholly
or in some significant respect of natural materials. The shape and
appearance of the natural material must be substantially changed by the
skillful use of hands, such as sewing, weaving, drilling, lacing,
beading, carving, etching, scrimshawing, painting, or other means, and
incorporated into a work of art, regalia, clothing, or other creative
expression, and can be either traditional or contemporary in design. The
handicraft must have substantially greater monetary and aesthetic value
than the unaltered natural material alone.
    Handline means a hand-held and operated line, with one or more hooks
attached.
    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 or designated group, per specified time period,
in a Unit or portion of a Unit in which the taking occurs even if part
or all of the harvest is preserved. A fish, when landed and killed by
means of rod and reel, becomes part of the harvest limit of the person
originally hooking it.
    Herring pound means an enclosure used primarily to contain live
herring over extended periods of time.
    Highway means the drivable surface of any constructed road.
    Household means that group of people residing in the same residence.
    Hung measure means the maximum length of the cork line when measured
wet or dry with traction applied at one end only.
    Hunting means the taking of wildlife within established hunting
seasons with archery equipment or firearms, and as authorized by a
required hunting license.
    Hydraulic clam digger means a device using water or a combination of
air and water used to harvest clams.
    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, or from shore ice and which are drawn
through the water by hand.
    Lead means either a length of net employed for guiding fish into a
seine, set gillnet, or other length of net, or a length of fencing
employed for guiding fish into a fish wheel, fyke net, or dip net.
    Legal limit of fishing gear means the maximum aggregate of a single
type of fishing gear permitted to be used by one individual or boat, or
combination of boats in any particular regulatory area, district, or
section.
    Long line means either a stationary, buoyed, or anchored line, or a
floating, free-drifting line with lures or baited hooks attached.
    Marmot collectively refers to all species of marmot that occur in
Alaska, including the hoary marmot, Alaska marmot, and the woodchuck.
    Mechanical clam digger means a mechanical device used or capable of
being used for the taking of clams.
    Mechanical jigging machine means a mechanical device with line and
hooks used to jig for halibut and bottomfish, but does not include hand
gurdies or rods with reels.
    Mile means a nautical mile when used in reference to marine waters
or a statute mile when used in reference to fresh water.
    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

[[Page 277]]

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 that 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.
    Possession limit means the maximum number of fish, grouse, or
ptarmigan a person or designated group may have in possession if they
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.
    Ptarmigan collectively refers to all species found in Alaska,
including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
    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.
    Ram means a male Dall sheep.
    Registration permit means a permit that 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 requests
are received and/or are based on priorities as determined by 50 CFR
100.17 and 36 CFR 242.17.
    Regulatory year means July 1-June 30, except for fish and shellfish,
for which it means April 1-March 31.
    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. In either case,
bait or an artificial fly or lure is used as terminal tackle. This
definition does not include the use of rod and reel gear for snagging.
    Salmon means the following species: pink salmon (Oncorhynchus
gorbuscha); 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, rearing,
or for traveling to a spawning or rearing area.
    Salvage means to transport the edible meat, skull, or hide, as
required by regulation, of a regulated fish, wildlife, or shellfish to
the location where the edible meat will be consumed by humans or
processed for human consumption in a manner that saves or prevents the
edible meat from waste, and preserves the skull or hide for human use.
    Scallop dredge means a dredge-like device designed specifically for
and capable of taking scallops by being towed along the ocean floor.
    Sea urchin rake means a hand-held implement, no longer than 4 feet,
equipped with projecting prongs used to gather sea urchins.
    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.
    Set gillnet means a gillnet that has been intentionally set, staked,
anchored, or otherwise fixed.
    Seven-eighths curl horn means the horn of a male Dall sheep, the tip
of which has grown through seven-eighths

[[Page 278]]

(315 degrees) of a circle, described by the outer surface of the horn,
as viewed from the side, or with both horns broken.
    Shovel means a hand-operated implement for digging clams.
    Skin, hide, pelt, or fur means any tanned or untanned external
covering of an animal's body. However, for bear, the skin, hide, pelt,
or fur means the external covering with claws attached.
    Snagging means hooking or attempting to hook a fish elsewhere than
in the mouth.
    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.
    Spike-fork moose means a bull moose with only one or two tines on
either antler; male calves are not spike-fork bulls.
    Stretched measure means the average length of any series of 10
consecutive meshes measured from inside the first knot and including the
last knot when wet; the 10 meshes, when being measured, must be an
integral part of the net, as hung, and measured perpendicular to the
selvages; measurements will be made by means of a metal tape measure
while the 10 meshes being measured are suspended vertically from a
single peg or nail, under 5-pound weight.
    Subsistence fishing permit means a subsistence harvest permit issued
by the Alaska Department of Fish and Game or the Federal Subsistence
Board.
    Take or Taking means to fish, 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 1 inch.
    To operate fishing gear means any of the following: To deploy gear
in the water; to remove gear from the water; to remove fish or shellfish
from the gear during an open season or period; or to possess a gillnet
containing fish during an open fishing period, except that a gillnet
that is completely clear of the water is not considered to be operating
for the purposes of minimum distance requirement.
    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.
    Trawl means a bag-shaped net towed through the water to capture fish
or shellfish, and includes beam, otter, or pelagic trawl.
    Troll gear means a power gurdy troll gear consisting of a line or
lines with lures or baited hooks that are drawn through the water by a
power gurdy; hand troll gear consisting of a line or lines with lures or
baited hooks that are drawn through the water from a vessel by hand
trolling, strip fishing, or other types of trolling, and which are
retrieved by hand power or hand-powered crank and not by any type of
electrical, hydraulic, mechanical, or other assisting device or
attachment; or dinglebar troll gear consisting of one or more lines,
retrieved and set with a troll gurdy or hand troll gurdy, with a
terminally attached weight from which one or more leaders with one or
more lures or baited hooks are pulled through the water while a vessel
is making way.
    Trophy means a mount of a big game animal, including the skin of the
head (cape) or the entire skin, in a lifelike representation of the
animal, including a lifelike representation made from any part of a big
game animal; ``trophy'' also includes a ``European mount'' in which the
horns or antlers and the skull or a portion of the skull are mounted for
display.
    Trout means the following species: Cutthroat trout (Oncorhynchus
clarki) and rainbow/steelhead trout (Oncorhynchus mykiss).
    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, elk, moose, mountain goat, Dall sheep, and musk ox.

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    Unit and Subunit means one of the geographical areas in the State of
Alaska known as Game Management Units, or GMUs, as defined in the
codified Alaska Department of Fish and Game regulations found in Title 5
of the Alaska Administrative Code and collectively listed in this part
as Units or Subunits.
    Wildlife means any hare, ptarmigan, grouse, ungulate, bear,
furbearer, or unclassified species and includes any part, product, egg,
or offspring thereof, or carcass or part thereof.
    (b) Taking fish, wildlife, or shellfish for subsistence uses by a
prohibited method is a violation of this part. Seasons are closed unless
opened by Federal regulation. Hunting, trapping, or fishing during a
closed season or in an area closed by this part is prohibited. You may
not take for subsistence fish, wildlife, or shellfish outside
established Unit or Area seasons, or in excess of the established Unit
or Area harvest limits, unless otherwise provided for by the Board. You
may take fish, wildlife, or shellfish under State regulations on public
lands, except as otherwise restricted at Sec. Sec. 242.26 through
242.28. Unit/Area-specific restrictions or allowances for subsistence
taking of fish, wildlife, or shellfish are identified at Sec. Sec.
242.26 through 242.28.
    (c) Harvest limits.
    (1) Harvest limits authorized by this section and harvest limits
established in State regulations may not be accumulated unless specified
otherwise in Sec. Sec. 242.26, 242.27. or 242.28.
    (2) Fish, wildlife, or shellfish taken by a designated individual
for another person pursuant to Sec. 242.10(d)(5)(ii) counts toward the
individual harvest limit of the person for whom the fish, wildlife, or
shellfish is taken.
    (3) A harvest limit may apply to the number of fish, wildlife, or
shellfish that can be taken daily, seasonally and/or during a regulatory
year or held in possession.
    (4) Unless otherwise provided, any person who gives or receives
fish, wildlife, or shellfish must 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 fish, wildlife, or
shellfish; the time and place that the fish, wildlife, or shellfish was
taken; and identification of species transferred. Where a qualified
subsistence user has designated another qualified subsistence user to
take fish, wildlife, or shellfish on his or her behalf in accordance
with Sec. 242.10(d)(5)(ii), the permit must be furnished in place of a
signed statement.
    (d) Fishing by designated harvest permit.
    (1) Any species of fish that may be taken by subsistence fishing
under this part may be taken under a designated harvest permit.
    (2) If you are a Federally qualified subsistence user, you
(beneficiary) may designate another Federally qualified subsistence user
to take fish on your behalf. The designated fisherman must obtain a
designated harvest permit prior to attempting to harvest fish and must
return a completed harvest report. The designated fisherman may fish for
any number of beneficiaries but may have no more than two harvest limits
in his/her possession at any one time.
    (3) The designated fisherman must have in possession a valid
designated fishing permit when taking, attempting to take, or
transporting fish taken under this section, on behalf of a beneficiary.
    (4) The designated fisherman may not fish with more than one legal
limit of gear.
    (5) You may not designate more than one person to take or attempt to
take fish on your behalf at one time. You may not personally take or
attempt to take fish at the same time that a designated fisherman is
taking or attempting to take fish on your behalf.
    (e) Hunting by designated harvest permit. If you are a Federally
qualified subsistence user (recipient), you may designate another
Federally qualified subsistence user to take deer, moose, and caribou,
and in Units 1-5, goats, on your behalf unless you are a member of a
community operating under a community harvest system or unless unit-
specific regulations in Sec. 242.26 preclude or modify the use of the
designated hunter system or allow the harvest of additional species by a
designated hunter. The designated hunter must obtain a designated hunter
permit and

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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 except for goats, where
designated hunters may have no more than one harvest limit in possession
at any one time, and unless otherwise specified in unit-specific
regulations in Sec. 242.26.
    (f) A rural Alaska resident who has been designated to take fish,
wildlife, or shellfish on behalf of another rural Alaska resident in
accordance with Sec. 242.10(d)(5)(ii) must promptly deliver the fish,
wildlife, or shellfish to that rural Alaska resident and may not charge
the recipient for his/her services in taking the fish, wildlife, or
shellfish or claim for themselves the meat or any part of the harvested
fish, wildlife, or shellfish.
    (g) Cultural/educational program permits.
    (1) A qualifying program must have instructors, enrolled students,
minimum attendance requirements, and standards for successful completion
of the course. Applications must be submitted to the Federal Subsistence
Board through the Office of Subsistence Management and should be
submitted 60 days prior to the earliest desired date of harvest. Harvest
must be reported, and any animals harvested will count against any
established Federal harvest quota for the area in which it is harvested.
    (2) Requests for followup permits must be submitted to the in-season
or local manager and should be submitted 60 days prior to the earliest
desired date of harvest.
    (h) Permits. If a subsistence fishing or hunting permit is required
by this part, the following permit conditions apply unless otherwise
specified in this section:
    (1) You may not take more fish, wildlife, or shellfish for
subsistence use than the limits set out in the permit;
    (2) You must obtain the permit prior to fishing or hunting;
    (3) You must have the permit in your possession and readily
available for inspection while fishing, hunting, or transporting
subsistence-taken fish, wildlife, or shellfish;
    (4) If specified on the permit, you must keep accurate daily records
of the harvest, showing the number of fish, wildlife, or shellfish
taken, by species, location, and date of harvest, and other such
information as may be required for management or conservation purposes;
and
    (5) If the return of harvest information necessary for management
and conservation purposes is required by a permit and you fail to comply
with such reporting requirements, you are ineligible to receive a
subsistence permit for that activity during the following regulatory
year, unless you demonstrate that failure to report was due to loss in
the mail, accident, sickness, or other unavoidable circumstances.
    (i) You may not possess, transport, give, receive, or barter fish,
wildlife, or shellfish that was taken in violation of Federal or State
statutes or a regulation promulgated hereunder.
    (j) Utilization of fish, wildlife, or shellfish.
    (1) You may not use wildlife as food for a dog or furbearer, or as
bait, except as allowed for in Sec. 242.26, Sec. 242.27, or Sec.
242.28, or 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, or ptarmigan; however, you
may not use the breast meat of grouse and ptarmigan as animal food or
bait;
    (iv) Unclassified wildlife.
    (2) If you take wildlife for subsistence, you must 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 Units 5, 9B, 17, 18, portions of 19A and 19B,
21D, 22, 23, 24, and 26A need not be salvaged;
    (iii) The hide and edible meat of a black bear;
    (iv) The hide or meat of squirrels, hares, marmots, beaver,
muskrats, or unclassified wildlife.
    (3) You must salvage the edible meat of ungulates, bear, grouse, and
ptarmigan.

[[Page 281]]

    (4) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes whitefish, herring, and species for which bag limits, seasons,
or other regulatory methods and means are not provided in this section,
as well as the head, tail, fins, and viscera of legally taken
subsistence fish.
    (5) 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 fish, wildlife, or shellfish,
unanticipated weather conditions, or unavoidable loss to another animal.
    (6) If you are a Federally qualified subsistence user, you may sell
handicraft articles made from the skin, hide, pelt, or fur, including
claws, of a black bear.
    (i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles
made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or
skulls of a black bear taken from Units 1, 2, 3, or 5.
    (ii) [Reserved]
    (7) If you are a Federally qualified subsistence user, you may sell
handicraft articles made from the skin, hide, pelt, or fur, including
claws, of a brown bear taken from Units 1-5, 9A-C, 9E, 12, 17, 20, 22,
23, 24B (only that portion within Gates of the Arctic National Park),
25, or 26.
    (i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles
made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or
skulls of a brown bear taken from Units 1, 4, or 5.
    (ii) Prior to selling a handicraft incorporating a brown bear
claw(s), the hide or claw(s) not attached to a hide must be sealed by an
authorized Alaska Department of Fish and Game representative. Old claws
may be sealed if an affidavit is signed indicating that the claws came
from a brown bear harvested on Federal public lands by a Federally
qualified user. A copy of the Alaska Department of Fish and Game sealing
certificate must accompany the handicraft when sold.
    (8) If you are a Federally qualified subsistence user, you may sell
the raw fur or tanned pelt with or without claws attached from legally
harvested furbearers.
    (9) If you are a Federally qualified subsistence user, you may sell
handicraft articles made from the nonedible byproducts (including, but
not limited to, skin, shell, fins, and bones) of subsistence-harvested
fish or shellfish.
    (10) If you are a Federally qualified subsistence user, you may sell
handicraft articles made from nonedible byproducts of wildlife harvested
for subsistence uses (excluding bear), to include: Skin, hide, pelt,
fur, claws, bones (except skulls of moose, caribou, elk, deer, sheep,
goat, and musk ox), teeth, sinew, antlers and/or horns (if not attached
to any part of the skull or made to represent a big game trophy) and
hooves.
    (11) The sale of handicrafts made from the nonedible byproducts of
wildlife, when authorized in this part, may not constitute a significant
commercial enterprise.
    (12) You may sell the horns and antlers not attached to any part of
the skull from legally harvested caribou (except caribou harvested in
Unit 23), deer, elk, goat, moose, musk ox, and sheep.
    (13) You may sell the raw/untanned and tanned hide or cape from a
legally harvested caribou, deer, elk, goat, moose, musk ox, and sheep.
    (k) The regulations found in this part do not apply to the
subsistence taking and use of fish, wildlife, or shellfish regulated
pursuant to the Fur Seal Act of 1966 (80 Stat. 1091, 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 to any amendments to these Acts. The taking and use of fish,
wildlife, or shellfish, covered by these Acts will conform to the
specific provisions contained in these Acts, as amended, and any
implementing regulations.
    (l) Rural residents, nonrural residents, and nonresidents not
specifically prohibited by Federal regulations from fishing, hunting, or
trapping on public lands in an area may fish, hunt, or trap on public
lands in accordance with the appropriate State regulations.

[77 FR 35494, June 13, 2012]

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Sec. 242.26  Subsistence taking of wildlife.

    (a) You may take wildlife for subsistence uses by any method, except
as 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.
    (b) Except for special provisions found at paragraphs (n)(1) through
(26) of this section, the following methods and means of taking wildlife
for subsistence uses are prohibited:
    (1) Shooting from, on, or across a highway.
    (2) Using any poison.
    (3) 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.
    (4) 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.
    (5) Using a motorized vehicle to drive, herd, or molest wildlife.
    (6) Using or being aided by use of a machine gun, set gun, or a
shotgun larger than 10 gauge.
    (7) 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--
    (i) An individual in possession of a valid trapping license may use
a firearm that shoots rimfire cartridges to take wolves and wolverine;
and
    (ii) 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, elk, moose, musk ox, and
mountain goat.
    (8) 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 9
inches, or conibear style trap with a jaw spread over 11 inches.
    (9) 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.
    (10) Using a trap to take ungulates or bear.
    (11) Using hooks to physically snag, impale, or otherwise take
wildlife; however, hooks may be used as a trap drag.
    (12) Using a crossbow to take ungulates, bear, wolf, or wolverine in
any area restricted to hunting by bow and arrow only.
    (13) Taking of ungulates, bear, wolf, or wolverine with a bow,
unless the bow is capable of casting an inch-wide broadhead-tipped arrow
at least 175 yards horizontally, and the arrow and broadhead together
weigh at least 1 ounce (437.5 grains).
    (14) Using bait for taking ungulates, bear, wolf, or wolverine;
except you may use bait to take wolves and wolverine with a trapping
license, and you may use bait to take black bears and brown bears with a
hunting license as authorized in Unit-specific regulations at paragraphs
(n)(1) through (26) of this section. Baiting of black bears and brown
bears is subject to the following restrictions:
    (i) Before establishing a bear bait station, you must register the
site with ADF&G
    (ii) When using bait, you must clearly mark the site with a sign
reading ``black bear bait station'' that also displays your hunting
license number and ADF&G-assigned number;
    (iii) You may use only biodegradable materials for bait; you may use
only the head, bones, viscera, or skin of legally harvested fish and
wildlife for bait;
    (iv) You may not use bait within \1/4\ mile of a publicly maintained
road or trail;
    (v) You may not use bait within 1 mile of a house or other permanent
dwelling, or within 1 mile of a developed campground or developed
recreational facility;
    (vi) When using bait, you must remove litter and equipment from the
bait station site when done hunting;

[[Page 283]]

    (vii) You may not give or receive payment for the use of a bait
station, including barter or exchange of goods; and
    (viii) You may not have more than two bait stations with bait
present at any one time;
    (15) Taking swimming ungulates, bears, wolves, or wolverine.
    (16) 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, the setting of snares or traps, or the
removal of furbearers from traps or snares.
    (17) Taking a bear cub or a sow accompanied by cub(s).
    (c) Wildlife taken in defense of life or property is not a
subsistence use; wildlife so taken is subject to State regulations.
    (d) 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) of
this section:
    (1) Disturbing or destroying a den, except that you may disturb a
muskrat pushup or feeding house in the course of trapping;
    (2) Disturbing or destroying any beaver house;
    (3) Taking beaver by any means other than a steel trap or snare,
except that you may use firearms in certain Units with established
seasons as identified in Unit-specific regulations found in this
subpart;
    (4) Taking otter with a steel trap having a jaw spread of less than
5 \7/8\ inches during any closed mink and marten season in the same
Unit;
    (5) Using a net or fish trap (except a blackfish or fyke trap); and
    (6) 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.
    (e) Possession and transportation of wildlife. (1) Except as
specified in paragraphs (e)(2) or (f)(1) of this section, or as
otherwise provided, you may not take a species of wildlife in any unit,
or portion of a unit, if your 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. --.10(d)(5)(iii) 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.
    (f) Harvest limits. (1) 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 if you have
taken a harvest limit for a particular species under a trapping season,
you may take additional animals under the harvest limit specified for a
hunting season or vice versa.
    (2) 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. You may not take more than one brown/grizzly bear in a
regulatory year.
    (g) Evidence of sex and identity. (1) If subsistence take of Dall
sheep is restricted to a ram, you may not possess or transport a
harvested sheep unless both horns accompany the animal.
    (2) If the subsistence taking of an ungulate, except sheep, is
restricted to one sex in the local area, you may not 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, except that in Units 1-5 antlers are
also considered proof of sex for deer if the antlers are naturally
attached to an entire carcass, with or without the viscera; and except
in Units 11, 13, 19, 21, and 24,

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where you may possess either sufficient portions of the external sex
organs (still attached to a portion of the carcass) or the head (with or
without antlers attached; however, the antler stumps must remain
attached) to indicate the sex of the harvested moose; however, this
paragraph (g)(2) 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.
    (3) If a moose harvest limit requires an antlered bull, an antler
size, or configuration restriction, you may not possess or transport the
moose carcass or its parts unless both antlers accompany the carcass or
its parts. If you possess a set of antlers with less than the required
number of brow tines on one antler, you must leave the antlers naturally
attached to the unbroken, uncut skull plate; however, this paragraph
(g)(3) 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.
    (h) Removing harvest from the field. You must leave all edible meat
on the bones of the front quarters and hind quarters of caribou and
moose harvested in Units 9, 17, 18, and 19B prior to October 1 until you
remove the meat from the field or process it for human consumption. You
must leave all edible meat on the bones of the front quarters, hind
quarters, and ribs of moose harvested in Unit 21 prior to October 1
until you remove the meat from the field or process it for human
consumption. You must leave all edible meat on the bones of the front
quarters, hind quarters, and ribs of caribou and moose harvested in Unit
24 prior to October 1 until you remove the meat from the field or
process it for human consumption. Meat of the front quarters, hind
quarters, or ribs from a harvested moose or caribou may be processed for
human consumption and consumed in the field; however, meat may not be
removed from the bones for purposes of transport out of the field. You
must leave all edible meat on the bones of the front quarters, hind
quarters, and ribs of caribou and moose harvested in Unit 25 until you
remove the meat from the field or process it for human consumption.
    (i) Returning of tags, marks, or collars. If you take an animal that
has been marked or tagged for scientific studies, you 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. You also must retain any
ear tag, collar, radio, tattoo, or other identification with the hide
until it is sealed, if sealing is required; in all cases, you must
return any identification equipment to the ADF&G or to an agency
identified on such equipment.
    (j) Sealing of bear skins and skulls. (1) Sealing requirements for
bear apply to brown bears taken in all Units, except as specified in
this paragraph, and black bears of all color phases taken in Units 1-7,
11-17, and 20.
    (2) You may not 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 Units 5, 9B, 9E, 17, 18, 19A, and 19B
downstream of and including the Aniak River drainage, 21D, 22, 23, 24,
and 26A need not be sealed unless removed from the area.
    (3) You must keep a bear 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 does not apply to brown bears taken within Units 5, 9B, 9E,
17, 18, 19A, and 19B downstream of and including the Aniak River
drainage, 21D, 22, 23, 24, and 26A and which are not removed from the
Unit.
    (i) In areas where sealing is required by Federal regulations, you
may not possess or transport the hide of a bear that 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 Units 9B, 17, 18, and
19A and 19B downstream of and including the Aniak River drainage is
removed from the area, you must first have it sealed

[[Page 285]]

by an ADF&G representative in Bethel, Dillingham, or McGrath; at the
time of sealing, the ADF&G representative must remove and retain the
skin of the skull and front claws of the bear.
    (iii) If you remove the skin or skull of a bear taken in Units 21D,
22, 23, 24, and 26A from the area or present it for commercial tanning
within the area, you must first have it sealed by an ADF&G
representative in Barrow, Galena, Nome, or Kotzebue; at the time of
sealing, the ADF&G representative must remove and retain the skin of the
skull and front claws of the bear.
    (iv) If you remove the skin or skull of a bear taken in Unit 5 from
the area, you must first have it sealed by an ADF&G representative in
Yakutat.
    (v) If you remove the skin or skull of a bear taken in Unit 9E from
Unit 9, you must first have it sealed by an authorized sealing
representative. At the time of sealing, the representative must remove
and retain the skin of the skull and front claws of the bear.
    (4) You may not falsify any information required on the sealing
certificate or temporary sealing form provided by the ADF&G in
accordance with State regulations.
    (k) Sealing of beaver, lynx, marten, otter, wolf, and wolverine. You
may not possess or transport from Alaska the untanned skin of a marten
taken in Units 1-5, 7, 13E, or 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
in accordance with State or Federal regulations.
    (1) In Unit 18, you must obtain an ADF&G seal for beaver skins only
if they are to be sold or commercially tanned.
    (2) In Unit 2, you must seal any wolf taken on or before the 14th
day after the date of taking.
    (l) If you take a species listed in paragraph (k) of this section
but are unable to present the skin in person, you 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 (k) of this
section.
    (m) You may take wildlife, outside of established season or harvest
limits, for food in traditional religious ceremonies, which are part of
a funerary or mortuary cycle, including memorial potlatches, under the
following provisions:
    (1) The harvest does not violate recognized principles of wildlife
conservation and uses the methods and means allowable for the particular
species published in the applicable Federal regulations. The appropriate
Federal land manager will establish the number, species, sex, or
location of harvest, if necessary, for conservation purposes. Other
regulations relating to ceremonial harvest may be found in the unit-
specific regulations in paragraph (n) of this section.
    (2) No permit or harvest ticket is required for harvesting under
this section; however, the harvester must be a Federally qualified
subsistence user with customary and traditional use in the area where
the harvesting will occur.
    (3) In Units 1-26 (except for Koyukon/Gwich'in potlatch ceremonies
in Units 20F, 21, 24, or 25):
    (i) A tribal chief, village or tribal council president, or the
chief's or president's designee for the village in which the religious/
cultural ceremony will be held, or a Federally qualified subsistence
user outside of a village or tribal-organized ceremony, must notify the
nearest Federal land manager that a wildlife harvest will take place.
The notification must include the species, harvest location, and number
of animals expected to be taken.
    (ii) Immediately after the wildlife is taken, the tribal chief,
village or tribal council president or designee, or other Federally
qualified subsistence user must create a list of the successful hunters
and maintain these records, including the name of the decedent for whom
the ceremony will be held. If requested, this information must be
available to an authorized representative of the Federal land manager.
    (iii) The tribal chief, village or tribal council president or
designee, or other Federally qualified subsistence user outside of the
village in which the religious/cultural ceremony will be held

[[Page 286]]

must report to the Federal land manager the harvest location, species,
sex, and number of animals taken as soon as practicable, but not more
than 15 days after the wildlife is taken.
    (4) In Units 20F, 21, 24, and 25 (for Koyukon/Gwich'in potlatch
ceremonies only):
    (i) Taking wildlife outside of established season and harvest limits
is authorized if it is for food for the traditional Koyukon/Gwich'in
Potlatch Funerary or Mortuary ceremony and if it is consistent with
conservation of healthy populations.
    (ii) Immediately after the wildlife is taken, the tribal chief,
village or tribal council president, or the chief's or president's
designee for the village in which the religious ceremony will be held
must create a list of the successful hunters and maintain these records.
The list must be made available, after the harvest is completed, to a
Federal land manager upon request.
    (iii) As soon as practical, but not more than 15 days after the
harvest, the tribal chief, village council president, or designee must
notify the Federal land manager about the harvest location, species,
sex, and number of animals taken.
    (n) Unit regulations. You may take for subsistence unclassified
wildlife, all squirrel species, and marmots in all Units, without
harvest limits, for the period of July 1-June 30. Unit-specific
restrictions or allowances for subsistence taking of wildlife are
identified at paragraphs (n)(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 1A 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 1B 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 1C 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 1D 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 1A--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 1B--the Anan Creek drainage within 1 mile of Anan Creek
downstream from the mouth of Anan Lake, including the area within a 1-
mile radius from the mouth of Anan Creek Lagoon, is closed to the taking
of bear;
    (D) Unit 1C:
    (1) You may not hunt within one-fourth mile of Mendenhall Lake, the
U.S. Forest Service Mendenhall Glacier Visitor's Center, and the
Center's parking area;
    (2) You may not take mountain goat in 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.
    (vi) You may not trap furbearers for subsistence uses in Unit 1C,
Juneau area, 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

[[Page 287]]

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;
    (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) You may hunt black bear with bait in Units 1A, 1B, and 1D
between April 15 and June 15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open
Federal trapping season for wolf, wolverine, or beaver may be legally
retained.
    (D) Trappers are prohibited from using a trap or snare unless the
trap or snare has been individually marked with a permanent metal tag
upon which is stamped or permanently etched the trapper's name and
address, or the trapper's permanent identification number, or is set
within 50 yards of a sign that lists the trapper's name and address, or
the trapper's permanent identification number. The trapper must use the
trapper's Alaska driver's license number or State identification card
number as the required permanent identification number. If a trapper
chooses to place a sign at a snaring site rather than tagging individual
snares, the sign must be at least 3 inches by 5 inches in size, be
clearly visible, and have numbers and letters that are at least one-half
inch high and one-eighth inch wide in a color that contrasts with the
color of the sign.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 2 bears, no more than one  Sept. 1-June 30.
 may be a blue or glacier bear.
Brown Bear: 1 bear every four          Sept. 15-Dec. 31.
 regulatory years by State             Mar. 15-May 31.
 registration permit only.
Deer:
    Unit 1A--4 antlered deer.........  Aug. 1-Dec. 31.
    Unit 1B --2 antlered deer........  Aug. 1-Dec. 31.
    Unit 1C--4 deer; however, female   Aug. 1-Dec. 31.
     deer may be taken only from
     Sept. 15-Dec. 31.
Goat:
    Unit 1A--Revillagigedo Island      No open season.
     only.
    Unit 1B--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 1A and Unit 1B--that portion  No open season.
     on the Cleveland Peninsula south
     of the divide between Yes Bay
     and Santa Anna Inlet.
    Unit 1A and Unit 1B--remainder--2  Aug. 1-Dec. 31.
     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 1C--that portion draining     Oct. 1-Nov. 30.
     into 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 1C--that portion draining     No open season.
     into Stephens Passage and Taku
     Inlet between Eagle Glacier and
     River and Taku Glacier.
    Unit 1C--remainder--1 goat by      Aug. 1-Nov. 30.
     State registration permit only.
    Unit 1D--that portion lying north  Sept. 15-Nov. 30.
     of the Katzehin River and
     northeast of the Haines highway--
     1 goat by State registration
     permit only.
    Unit 1D-- that portion lying       No open season.
     between Taiya Inlet and River
     and the White Pass and Yukon
     Railroad.
    Unit 1D--remainder--1 goat by      Aug. 1-Dec. 31.
     State registration permit only.
Moose:
    Unit 1A--1 antlered bull by        Sept. 5-Oct. 15.
     Federal registration permit.
    Unit 1B--1 antlered bull with      Sept. 15-Oct. 15.
     spike-fork or 50-inch antlers or
     3 or more brow tines on one
     side, or antlers with 2 brow
     tines on both sides, by State
     registration permit only.
    Unit 1C--that portion south of     Sept. 15-Oct. 15.
     Point Hobart including all Port
     Houghton drainages--1 antlered
     bull with spike-fork or 50-inch
     antlers or 3 or more brow tines
     on one side, or antlers with 2
     brow tines on both sides, by
     State registration permit only.
    Unit 1C--remainder, excluding      Sept. 15-Oct. 15.
     drainages of Berners Bay--1
     antlered bull by State
     registration permit only.

[[Page 288]]


    Unit 1C, Berners Bay.............  No open season.
    Unit 1D..........................  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): 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, and Ruffed): 5   Aug. 1-May 15.
 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--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-Mar. 1.
------------------------------------------------------------------------

    (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 westernmost point on Warren Island.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open
Federal trapping season for wolf, wolverine, or beaver may be legally
retained.
    (D) Trappers are prohibited from using a trap or snare unless the
trap or snare has been individually marked with a permanent metal tag
upon which is stamped or permanently etched the trapper's name and
address, or the trapper's permanent identification number, or is set
within 50 yards of a sign that lists the trapper's name and address, or
the trapper's permanent identification number. The trapper must use the
trapper's Alaska driver's license number or State identification card
number as the required permanent identification number. If a trapper
chooses to place a sign at a snaring site rather than tagging individual
snares, the sign must be at least 3 inches by 5 inches in size, be
clearly visible, and have numbers and letters that are at least one-half
inch high and one-eighth inch wide in a color that contrasts with the
color of the sign.
    (ii) [Reserved]

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 2 bears, no more than one  Sept. 1-June 30.
 may be a blue or glacier bear.
Deer:
    5 deer; however, no more than one  July 24-Dec. 31.
     may be a female deer. Female
     deer may be taken only during
     the period Oct. 15-Dec. 31. The
     harvest limit may be reduced to
     4 deer based on conservation
     concerns.
    The Federal public lands on
     Prince of Wales Island,
     excluding the southeastern
     portion (lands south of the West
     Arm of Cholmondeley Sound
     draining into Cholmondeley Sound
     or draining eastward into
     Clarence Strait), are closed to
     hunting of deer from Aug. 1 to
     Aug. 15, except by Federally
     qualified subsistence users
     hunting under these regulations.
Coyote: 2 coyotes....................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and  Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day.....  Sept. 1-Apr. 30.
Lynx: 2 lynx.........................  Dec. 1-Feb. 15.
Wolf: 5 wolves. Federal hunting and    Sept. 1-Mar. 31.
 trapping season may be closed when
 the combined Federal-State harvest
 quota is reached. Any wolf taken in
 Unit 2 must be sealed within 14 days
 of harvest.
Wolverine: 1 wolverine...............  Nov. 10-Feb. 15.

[[Page 289]]


Grouse (Spruce and Ruffed): 5 per      Aug. 1-May 15.
 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. Federal hunting and    Nov. 15-Mar. 31.
 trapping season may be closed when
 the combined Federal-State harvest
 quota is reached. Any wolf taken in
 Unit 2 must be sealed within 14 days
 of harvest.
Wolverine: No limit..................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (3) Unit 3. (i) Unit 3 consists of all islands west of Unit 1B,
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, Kashevaroff, 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, you may not take ungulates, bear,
wolves, and wolverine along a strip one-fourth mile wide on each side of
the Mitkof Highway from Milepost 0 to Crystal Lake campground;
    (B) You may not take black bears in the Petersburg Creek drainage on
Kupreanof Island;
    (C) You may not hunt in the 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 1 mile south of the Blind Slough
bridge.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open
Federal trapping season for wolf, wolverine, or beaver may be legally
retained.
    (D) Trappers are prohibited from using a trap or snare unless the
trap or snare has been individually marked with a permanent metal tag
upon which is stamped or permanently etched the trapper's name and
address, or the trapper's permanent identification number, or is set
within 50 yards of a sign that lists the trapper's name and address, or
the trapper's permanent identification number. The trapper must use the
trapper's Alaska driver's license number or State identification card
number as the required permanent identification number. If a trapper
chooses to place a sign at a snaring site rather than tagging individual
snares, the sign must be at least 3 inches by 5 inches in size, be
clearly visible, and have numbers and letters that are at least one-half
inch high and one-eighth inch wide in a color that contrasts with the
color of the sign.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 2 bears, no more than one  Sept. 1-June 30.
 may be a blue or glacier bear.
Deer:
    Unit 3--Mitkof, Woewodski, and     Oct. 15-31.
     Butterworth Islands--1 antlered
     deer.
    Unit 3--Kupreanof Island, that     Oct. 15-31.
     portion east of the Portage Bay-
     Duncan Canal Portage--1 antlered
     deer.
    Unit 3--remainder--2 antlered      Aug. 1-Nov. 30.
     deer.                             Dec. 1-31, season to be
                                        announced.
Moose: 1 antlered bull with spike-     Sept. 15-Oct. 15.
 fork or 50-inch antlers or 3 or more
 brow tines on either antler, or
 antlers with 2 brow tines on both
 sides by State registration permit
 only.
Coyote: 2 coyotes....................  Sept. 1-Apr. 30.

[[Page 290]]


Fox, Red (including Cross, Black, and  Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 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, and Ruffed): 5   Aug. 1-May 15.
 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-May 15.
    Unit 3--except Mitkof Island--No   Dec. 1-Apr. 15.
     limit.
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-Mar. 1.
------------------------------------------------------------------------

    (4) Unit 4. (i) Unit 4 consists of all islands south and west of
Unit 1C 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) You may not take brown bears in 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;
    (B) You may not take brown bears in 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;
    (C) You may not take brown bears in the Port Althorp Closed Area
(Chichagof Island), that area within the Port Althorp watershed south of
a line from Point Lucan to Salt Chuck Point (Trap Rock);
    (D) You may not use any motorized land vehicle for brown bear
hunting in the 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 northwestern
point of Gull Cove to Port Frederick Portage, including all drainages
into Port Frederick and Mud Bay.
    (iii) Unit-specific regulations:
    (A) You may shoot ungulates from a boat. You may not shoot bear,
wolves, or wolverine from a boat, unless you are certified as disabled.
    (B) Five Federal registration permits will be issued by the Sitka or
Hoonah District Ranger for the taking of brown bear for educational
purposes associated with teaching customary and traditional subsistence
harvest and use practices. Any bear taken under an educational permit
does not count in an individual's one bear every four regulatory years
limit.
    (C) Coyotes taken incidentally with a trap or snare during an open
Federal trapping season for wolf, wolverine, or beaver may be legally
retained.
    (D) Trappers are prohibited from using a trap or snare unless the
trap or snare has been individually marked with a permanent metal tag
upon which is stamped or permanently etched the trapper's name and
address, or the trapper's permanent identification number, or is set
within 50 yards of a sign that lists the trapper's name and address, or
the trapper's permanent identification number. The trapper must use the
trapper's Alaska driver's license number or State identification card
number as the required permanent identification number. If a trapper
chooses to place a sign at a snaring site rather than tagging individual
snares, the sign must be at least 3 inches by 5 inches in size, be
clearly visible, and have numbers and letters

[[Page 291]]

that are at least one-half inch high and one-eighth inch wide in a color
that contrasts with the color of the sign.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Brown Bear:
    Unit 4--Chichagof Island south    Sept. 15-Dec. 31.
     and west of a line that follows  Mar. 15-May 31.
     the crest of the island from
     Rock Point (58[deg] N. lat.,
     136[deg]21[min] W. long.) to
     Rodgers Point (57[deg]35[min]
     N. lat., 135[deg]33[min] 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[min] N. lat.,
     135[deg]25[min] W. long.) to
     the entrance of Gut Bay
     (56[deg]44[min] N. lat.
     134[deg]38[min] 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--remainder--1 bear every   Sept. 15-Dec. 31.
     4 regulatory years by State      Mar. 15-May 20.
     registration permit only.
Deer: 6 deer; however, female deer    Aug. 1-Jan. 31.
 may be taken only from Sept. 15-
 Jan. 31.
Goat: 1 goat by State registration    Aug. 1-Dec. 31.
 permit only.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,     Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe): 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, and Ruffed): 5  Aug. 1-May 15.
 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,     Dec. 1-Feb. 15.
 and 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-Mar. 1.
------------------------------------------------------------------------

    (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 5A 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 5B consists of the remainder of Unit 5.
    (ii) You may not take wildlife for subsistence uses on public lands
within Glacier Bay National Park.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a
boat, unless you are certified as disabled.
    (C) You may hunt brown bear in Unit 5 with a Federal registration
permit in lieu of a State metal locking tag if you have obtained a
Federal registration permit prior to hunting.
    (D) Coyotes taken incidentally with a trap or snare during an open
Federal trapping season for wolf, wolverine, or beaver may be legally
retained.
    (E) Trappers are prohibited from using a trap or snare unless the
trap or snare has been individually marked with a permanent metal tag
upon which is stamped or permanently etched the trapper's name and
address, or the trapper's permanent identification number, or is set
within 50 yards of a sign that lists the trapper's name and address, or
the trapper's permanent identification number. The trapper must use the
trapper's Alaska driver's license number or State identification card
number as the required permanent identification number. If a trapper
chooses to place a sign at a snaring site rather than tagging individual
snares, the sign must be at least 3 inches by 5 inches in size, be
clearly

[[Page 292]]

visible, and have numbers and letters that are at least one-half inch
high and one-eighth inch wide in a color that contrasts with the color
of the sign.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING


Black Bear: 2 bears, no more than     Sept. 1-June 30.
 one may be a blue or glacier bear.
Brown Bear: 1 bear by Federal         Sept. 1-May 31.
 registration permit only.
Deer:
    Unit 5A--1 buck.................  Nov. 1-Nov. 30.
    Unit 5B.........................  No open season.
Goat:
    Unit 5A--that area between the    No open season.
     Hubbard Glacier and the West
     Nunatak Glacier on the north
     and east sides of Nunatak Fjord.
    Unit 5A--remainder--1 goat by     Aug. 1-Jan. 31.
     Federal registration permit.
     The harvest quota will be
     announced prior to the season.
     A minimum of four goats in the
     harvest quota will be reserved
     for Federally qualified
     subsistence users.
    Unit 5B--1 goat by Federal        Aug. 1-Jan. 31.
     registration permit only.
Moose:
    Unit 5A--Nunatak Bench--1 moose   Nov. 15-Feb. 15.
     by State registration permit
     only. The season will be closed
     when 5 moose have been taken
     from the Nunatak Bench.
    Unit 5A--except Nunatak Bench--1  Oct. 8-Nov. 15.
     bull by joint State/Federal
     registration permit only. From
     Oct. 8-21, public lands will be
     closed to taking of moose,
     except by residents of Unit 5A
     hunting under these regulations.
    Unit 5B--1 antlered bull by       Sept. 1-Dec. 15.
     State registration permit only.
     The season will be closed when
     25 antlered bulls have been
     taken from the entirety of Unit
     5B.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and  Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 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 and Ruffed): 5 per     Aug. 1-May 15.
 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....................  Nov. 10-Feb. 15.
Fox, Red (including Cross, Black and  Nov 10-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-Mar. 1.
------------------------------------------------------------------------

    (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 6A consists of Gulf of Alaska drainages east of Palm Point
near Katalla including Kanak, Wingham, and Kayak Islands;
    (B) Unit 6B 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 6C 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 6D consists of the remainder of Unit 6.
    (ii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15. In addition, you may use bait in Unit 6D between June 16 and June
30. The harvest quota in Unit 6D is 20 bears taken with bait between
June 16 and June 30.
    (B) You may take coyotes in Units 6B and 6C with the aid of
artificial lights.

[[Page 293]]

    (C) One permit will be issued by the Cordova District Ranger to the
Native Village of Eyak to take one moose from Federal lands in Units 6B
or C for their annual Memorial/Sobriety Day potlatch.
    (D) A Federally qualified subsistence user (recipient) who is either
blind, 65 years of age or older, at least 70 percent disabled, or
temporarily disabled may designate another Federally qualified
subsistence user to take any moose, deer, black bear, and beaver on his
or her behalf in Unit 6, and goat in Unit 6D, 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 one harvest limit in his
or her possession at any one time.
    (E) A hunter younger than 10 years old at the start of the hunt may
not be issued a Federal subsistence permit to harvest black bear, deer,
goat, moose, wolf, and wolverine.
    (F) A hunter younger than 10 years old may harvest black bear, deer,
goat, moose, wolf, and wolverine under the direct, immediate supervision
of a licensed adult, at least 18 years old. The animal taken is counted
against the adult's harvest limit. The adult is responsible for ensuring
that all legal requirements are met.
    (G) Up to five permits will be issued by the Cordova District Ranger
to the Native Village of Chenega annually to harvest up to five deer
total from Federal public lands in Unit 6D for their annual Old Chenega
Memorial and other traditional memorial potlatch ceremonies. Permits
will have effective dates of July 1-June 30.
    (H) Up to five permits will be issued by the Cordova District Ranger
to the Tatitlek IRA Council annually to harvest up to five deer total
from Federal public lands in Unit 6D for their annual Cultural Heritage
Week. Permits will have effective dates of July 1-June 30.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 1 bear. In Unit 6D a      Sept. 1-June 30.
 Federal registration permit is
 required to harvest black bear from
 June 11 to June 30.
Deer: 4 deer; however, antlerless     Aug. 1-Dec. 31.
 deer may be taken only from Oct. 1-
 Dec. 31.
Goats:
    Unit 6A and B--1 goat by State    Aug. 20-Jan. 31.
     registration permit only.
    Unit 6C.........................  No open season.
    Unit 6D (subareas RG242, RG243,   Aug. 20-Jan. 31.
     RG244, RG245, RG249, RG266 and
     RG252 only)--1 goat by Federal
     registration permit only. In
     each of the Unit 6D subareas,
     goat seasons will be closed by
     the Cordova District Ranger
     when harvest limits for that
     subarea are reached. Harvest
     quotas are as follows: RG242--2
     goats, RG243--4 goats, RG244
     and RG245 combined--2 goats,
     RG249--4 goats, RG266--4 goats,
     RG252--1 goat.
Moose:
    Unit 6C--1 antlerless moose by    Sept. 1-Oct. 31.
     Federal drawing permit only.
     Permits for the portion of the
     antlerless moose quota not
     harvested in the Sept. 1-Oct.
     31 hunt may be available for
     redistribution for a Nov. 1-
     Dec. 31 hunt.
    Unit 6C--1 bull by Federal        Sept. 1-Dec. 31.
     drawing permit only.
    In Unit 6C, only one moose
     permit may be issued per
     household. A household
     receiving a State permit for
     Unit 6C moose may not receive a
     Federal permit. The annual
     harvest quota will be announced
     by the U.S. Forest Service,
     Cordova Office, in consultation
     with ADF&G. The Federal harvest
     allocation will be 100% of the
     antlerless moose permits and
     75% of the bull permits.
     Federal public lands are closed
     to the harvest of moose except
     by Federally qualified users
     with a Federal permit for Unit
     6C moose, Nov. 1-Dec. 31.
    Unit 6--remainder...............  No open season.
Beaver: 1 beaver per day, 1 in        May 1-Oct. 31.
 possession.
Coyote:
    Unit 6A and D--2 coyotes........  Sept. 1-Apr. 30.
    Unit 6B and 6C--No limit........  July 1-June 30.
Fox, Red (including Cross, Black and  No open season.
 Silver Phases).
Hare (Snowshoe): No limit...........  July 1-June 30.
Lynx: 2 lynx........................  Nov. 10-Jan. 31.
Wolf: 5 wolves......................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce): 5 per day, 10 in     Aug. 1-May 15.
 possession.
Ptarmigan (Rock, Willow, and White-   Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.


[[Page 294]]


              TRAPPING

Beaver: No limit....................  Dec. 1-Apr. 30.
Coyote:
    Unit 6C--south of the Copper      Nov. 10-Apr. 30.
     River Highway and east of the
     Heney Range--No limit.
    Units 6A, 6B, 6C remainder, and   Nov. 10-Mar. 31.
     6D--No limit.
Fox, Red (including Cross, Black and  Nov. 10-Feb. 28.
 Silver Phases): No limit.
Marten: No limit....................  Nov. 10-Feb. 28.
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 imit.......................  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) You may not take wildlife for subsistence uses in the Kenai
Fjords National Park.
    (B) You may not hunt in 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; however, you may hunt
grouse, ptarmigan, hares, and squirrels with shotguns after September 1.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15, except in the drainages of Resurrection Creek and its tributaries.
    (B) [Reserved]

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears.................  July 1-June 30.
Caribou:
    Unit 7--north of the Sterling     Aug. 10-Dec. 31.
     Highway and west of the Seward
     Highway--1 caribou by Federal
     registration permit only. The
     Seward District Ranger will
     close the Federal season when 5
     caribou are harvested by
     Federal registration permit.
    Unit 7, remainder...............  No open season.
Moose:
    Unit 7--that portion draining     No open season.
     into Kings Bay--Federal public
     lands are closed to the taking
     of moose except by residents of
     Chenega Bay and Tatitlek.
    Unit 7, remainder--1 antlered     Aug. 10-Sept. 20.
     bull with spike-fork or 50-inch
     antlers or with 3 or more brow
     tines on either antler, by
     Federal registration permit
     only.
Beaver: 1 beaver per day, 1 in        May 1-Oct. 10.
 possession.
Coyote: No limit....................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and  No open season.
 Silver Phases).
Hare (Snowshoe): No limit...........  July 1-June 30.
Lynx: 2 lynx........................  Nov. 10-Jan. 31.
Wolf:
    Unit 7--that portion within the   Aug. 10-Apr. 30.
     Kenai National Wildlife Refuge--
     2 wolves.
    Unit 7, remainder--5 wolves.....  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce): 10 per day, 20 in    Aug. 10-Mar. 31.
 possession.
Grouse (Ruffed).....................  No open season.
Ptarmigan (Rock, Willow, and White-   Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.

              TRAPPING

Beaver: 20 beaver per season........  Nov. 10-Mar. 31.
Coyote: 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-Jan. 31.
Marten: No limit....................  Nov. 10-Jan. 31.
Mink and Weasel: No limit...........  Nov. 10-Jan. 31.

[[Page 295]]


Muskrat: No limit...................  Nov. 10-May 15.
Otter: No limit.....................  Nov. 10-Feb. 28.
Wolf: No limit......................  Nov. 10-Mar. 31.
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) If you have a trapping license, you may take beaver with a
firearm in Unit 8 from Nov. 10-Apr. 30.
    (ii) [Reserved]

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Brown Bear: 1 bear by Federal         Dec. 1-Dec. 15.
 registration permit only. Up to 2    Apr. 1-May 15.
 permits may be issued in Akhiok; up
 to 1 permit may be issued in
 Karluk; up to 3 permits may be
 issued in Larsen Bay; up to 3
 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. Permits will be issued by
 the Kodiak Refuge Manager.
Deer: Unit 8--all lands within the    Aug. 1-Jan. 31.
 Kodiak Archipelago within the
 Kodiak National Wildlife Refuge,
 including lands on Kodiak, Ban,
 Uganik, and Afognak Islands--3
 deer; however, antlerless deer may
 be taken only from Oct. 1-Jan. 31.
Elk: Kodiak, Ban, Uganik, and         Sept. 15-Nov. 30.
 Afognak Islands--1 elk per
 household by Federal registration
 permit only. The season will be
 closed by announcement of the
 Refuge Manager, Kodiak National
 Wildlife Refuge when the combined
 Federal/State harvest reaches 15%
 of the herd.
Fox, Red (including Cross, Black and  Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 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 9A 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 9B consists of the Kvichak River drainage except those
lands drained by the Kvichak River/Bay between the Alagnak River
drainage and the Naknek River drainage.
    (C) Unit 9C consists of the Alagnak (Branch) River drainage, the
Naknek River drainage, lands drained by the Kvichak River/Bay between
the Alagnak River drainage and the Naknek River drainage, and all land
and water within Katmai National Park and Preserve.
    (D) Unit 9D 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 9E 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) You may not take wildlife for subsistence uses in Katmai
National Park;
    (B) You may not use motorized vehicles, except aircraft, boats, or
snowmobiles used for hunting and transporting

[[Page 296]]

a hunter or harvested animal parts from Aug. 1-Nov. 30 in the Naknek
Controlled Use Area, which includes all of Unit 9C within the Naknek
River drainage upstream from and including the King Salmon Creek
drainage; however, you may use 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.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take
beaver in Unit 9B from April 1-May 31 and in the remainder of Unit 9
from April 1-30.
    (B) You may hunt brown bear by State registration permit in lieu of
a resident tag in Unit 9B, except that portion within the Lake Clark
National Park and Preserve, if you have obtained a State registration
permit prior to hunting.
    (C) In Unit 9B, Lake Clark National Park and Preserve, residents of
Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and that portion
of the park resident zone in Unit 9B and 13.440 permit holders 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; however, 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. The permits will be issued and
closure announcements made by the Superintendent Lake Clark National
Park and Preserve.
    (D) Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port
Alsworth may take up to a total of 10 bull moose in Unit 9B for
ceremonial purposes, under the terms of a Federal registration permit
from July 1-June 30. Permits will be issued to individuals only at the
request of a local organization. This 10-moose limit is not cumulative
with that permitted for potlatches by the State.
    (E) For Units 9C and 9E only, a Federally qualified subsistence user
(recipient) of Units 9C and 9E may designate another Federally qualified
subsistence user of Units 9C and 9E to take bull caribou 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 and turn over
all meat to the recipient. There is no restriction on the number of
possession limits the designated hunter may have in his/her possession
at any one time.
    (F) For Unit 9D, a Federally qualified subsistence user (recipient)
may designate another Federally qualified subsistence user to take
caribou 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 four harvest limits in his/her
possession at any one time.
    (G) The communities of False Pass, King Cove, Cold Bay, Sand Point,
and Nelson Lagoon annually may each take, from October 1-December 31 or
May 10-25, one brown bear for ceremonial purposes, under the terms of a
Federal registration permit. A permit will be issued to an individual
only at the request of a local organization. The brown bear may be taken
from either Unit 9D or Unit 10 (Unimak Island) only.
    (H) You may hunt brown bear in Unit 9E with a Federal registration
permit in lieu of a State locking tag if you have obtained a Federal
registration permit prior to hunting.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears.................  July 1-June 30.
Brown Bear:
    Unit 9B--Lake Clark National      July 1-June 30.
     Park and Preserve--Rural
     residents of Iliamna, Newhalen,
     Nondalton, Pedro Bay, Port
     Alsworth, residents of that
     portion of the park resident
     zone in Unit 9B; and 13.440
     permit holders--1 bear by
     Federal registration permit
     only.

[[Page 297]]


    The season will be closed by the
     Lake Clark National Park and
     Preserve Superintendent when
     four females or ten bear have
     been taken, whichever occurs
     first.
    Unit 9B, remainder--1 bear by     Sept. 1-May 31.
     State registration permit only.
    Unit 9C--1 bear by Federal        Oct. 1-May 31.
     registration permit only.
    The season will be closed by the
     Katmai National Park and
     Preserve Superintendent in
     consultation with BLM and FWS
     land managers and ADF&G, when
     six females or ten bear have
     been taken, whichever occurs
     first.
    Unit 9E--1 bear by Federal        Sept. 25-Dec. 31.
     registration permit.             Apr. 15-May 25.
Caribou:
    Unit 9A--2 caribou by State       Aug. 1-Mar. 15.
     registration permit; no more
     than 1 caribou may be a bull,
     and no more than 1 caribou may
     be taken Aug. 1-Jan. 31.
    Unit 9B--2 caribou by State       Aug. 1-Mar. 15.
     registration permit; no more
     than 1 caribou may be a bull,
     and no more than 1 caribou may
     be taken Aug. 1-Jan. 31.
    Unit 9C, that portion within the  Aug. 1-Mar. 15.
     Alagnak River drainage--2
     caribou by State registration
     permit; no more than 1 caribou
     may be a bull, and no more than
     1 caribou may be taken Aug. 1-
     Jan. 31.
    Unit 9C, remainder--Federal       No open season.
     public lands are closed to the
     taking of caribou.
    Unit 9D--1 bull caribou by        Aug. 10-Sept 20
     Federal registration permit      Nov. 15-Mar. 31
     only. Quotas and any needed
     closures will be announced by
     the Izembek Refuge Manager
     after consultation with ADF&G.
    Unit 9E--Federal public lands     No open season.
     are closed to the taking of
     caribou.
Sheep:
    Unit 9B, that portion within      July 15-Oct. 15.
     Lake Clark National Park and     Jan. 1-Apr. 1.
     Preserve--1 ram with 3/4 curl
     or larger horn by Federal
     registration permit only. By
     announcement of the Lake Clark
     National Park and Preserve
     Superintendent, the summer/fall
     season will be closed when up
     to 5 sheep are taken and the
     winter season will be closed
     when up to 2 sheep are taken.
    Unit 9B-- remainder--1 ram with   Aug. 10-Oct. 10.
     7/8 curl or larger horn by
     Federal registration permit
     only.
    Unit 9--remainder--1 ram with 7/  Aug. 10-Sept. 20.
     8 curl or larger horn.
Moose:
    Unit 9A--1 bull by State          Sept. 1-15.
     registration permit.
    Unit 9B--1 bull by State          Sept. 1-20.
     registration permit.
    Unit 9C--that portion draining    Dec. 1-Jan. 15.
     into the Naknek River from the
     north--1 bull by State
     registration permit.
    Unit 9C--that portion draining    Sept. 1-20.
     into the Naknek River from the   Dec. 1-31.
     south--1 bull. A State
     registration permit is required
     during the Aug. 20-Sept. 20
     season; a Federal registration
     permit is required during the
     Dec. 1-31 season. Public lands
     are closed during December for
     the hunting of moose, except by
     Federally qualified subsistence
     users hunting under these
     regulations.
    Unit 9C--remainder--1 bull by     Sept. 1-20.
     State registration permit.       Dec. 15-Jan. 15.
    Unit 9D--1 bull by Federal
     registration permit. Federal
     public lands will be closed by
     announcement of the Izembek
     Refuge Manager to the harvest
     of moose when a total of 10
     bulls have been harvested
     between State and Federal hunts.
    Unit 9E--1 bull by State          Sept. 1-25.
     registration permit, however     Dec. 1-Jan. 31.
     only antlered bulls may be
     taken Dec. 1-Jan. 31.
Beaver: Unit 9B and 9E--2 beaver per  Apr. 15-May 31.
 day.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White): 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: 10 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in    Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock, Willow, and White-   Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.

              TRAPPING

Beaver:
    No limit........................  Oct. 10-Mar. 31.
    2 beaver per day; only firearms   Apr. 15-May 31.
     may be used.
Coyote: No limit....................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White): No      Nov. 10-Feb. 28.
 limit.
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 298]]

    (10) Unit 10. (i) Unit 10 consists of the Aleutian Islands, Unimak
Island, and the Pribilof Islands.
    (ii) You may not take any wildlife species for subsistence uses on
Otter Island in the Pribilof Islands.
    (iii) In Unit 10--Unimak Island only, a Federally qualified
subsistence user (recipient) may designate another Federally qualified
subsistence user to take caribou 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 four harvest
limits in his/her possession at any one time.
    (iv) The communities of False Pass, King Cove, Cold Bay, Sand Point,
and Nelson Lagoon annually may each take, from October 1-December 31 or
May 10-25, one brown bear for ceremonial purposes, under the terms of a
Federal registration permit. A permit will be issued to an individual
only at the request of a local organization. The brown bear may be taken
from either Unit 9D or Unit 10 (Unimak Island) only.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Caribou:
    Unit 10--Unimak Island only.....  No open season.
    Unit 10, remainder--No limit....  July 1-June 30.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):   July 1-June 30.
 No limit.
Fox, Red (including Cross, Black and  Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Wolf: 5 wolves......................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per   Aug. 10-Apr. 30.
 day, 40 in possession.

              TRAPPING

Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):   July 1-June 30.
 No limit.
Fox, Red (including Cross, Black and  Sept. 1-Feb. 28.
 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) You may use bait to hunt black bear between April 15 and June
15.
    (B) One moose without calf may be taken from June 20-July 31 in the
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the
Batzulnetas Culture Camp. Two hunters from either Chistochina or
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium
to receive the Federal subsistence harvest permit. The permit may be
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) A joint permit may be issued to a pair of a minor and an elder
to hunt sheep during the Aug. 1-Oct. 20 hunt. The following conditions
apply:
    (A) The permittees must be a minor aged 8 to 15 years old and an
accompanying adult 60 years of age or older.
    (B) Both the elder and the minor must be Federally qualified
subsistence users with a positive customary and traditional use
determination for the area they want to hunt.
    (C) The minor must hunt under the direct immediate supervision of
the accompanying adult, who is responsible for ensuring that all legal
requirements are met.
    (D) Only one animal may be harvested with this permit. The sheep
harvested will count against the harvest

[[Page 299]]

limits of both the minor and accompanying adult.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears.................  July 1-June 30.
Brown Bear: 1 bear..................  Aug. 10-June 15.
Caribou:............................  No open season.
Sheep:
    1 sheep.........................  Aug. 10-Sept. 20.
    1 sheep by Federal registration   Aug. 1-Oct. 20.
     permit only by persons 60 years
     of age or older. Ewes
     accompanied by lambs or lambs
     may not be taken.
Goat:
    Unit 11--that portion within the  Aug. 25-Dec. 31.
     Wrangell-St. Elias National
     Park and Preserve that is
     bounded by the Chitina and
     Nizina rivers on the south, the
     Kennicott River and glacier on
     the southeast, and the Root
     Glacier on the east--1 goat by
     Federal registration permit
     only.
    Unit 11--the remainder of the     Aug. 10-Dec. 31.
     Wrangell-St. Elias National
     Park and Preserve--1 goat by
     Federal registration permit
     only.
    Unit 11--that portion outside of  No open season
     the Wrangell-St. Elias National
     Park and Preserve.
    Federal public lands will be
     closed by announcement of the
     Superintendent, Wrangell-St.
     Elias National Park and
     Preserve to the harvest of
     goats when a total of 45 goats
     has been harvested between
     Federal and State hunts.
Moose:
    Unit 11--that portion draining    Aug 20-Sept. 20.
     into the east bank of the
     Copper River upstream from and
     including the Slana River
     drainage--1 antlered bull by
     joint Federal/State
     registration permit.
    Unit 11--that portion south and   Aug. 20-Sept. 20.
     east of a line running along     Nov. 20-Dec. 20.
     the north bank of the Chitina
     River, the north and west banks
     of the Nazina River, and the
     west bank of West Fork of the
     Nazina River, continuing along
     the western edge of the West
     Fork Glacier to the summit of
     Regal Mountain--1 bull by
     Federal registration permit.
     However, during the period Aug.
     20-Sept. 20, only an antlered
     bull may be taken.
    Unit 11 remainder--1 antlered     Aug 20-Sept. 20.
     bull by Federal registration
     permit only.
Muskrat: No limit...................  Sept. 20-Jun. 10.
Beaver: 1 beaver per day, 1 in        June 1-Oct. 10.
 possession.
Coyote: 10 coyotes..................  Aug. 10-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): No limit...........  July 1-June 30.
Lynx: 2 lynx........................  Nov. 10-Feb. 28.
Wolf: 10 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Jan. 31.
Grouse (Spruce, 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: No limit....................  Sept. 25-May 31.
Coyote: No limit....................  Nov. 10-Mar. 31.
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.
------------------------------------------------------------------------

    (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) You may use bait to hunt black bear between April 15 and June
30; you may use bait to hunt wolves on FWS and BLM lands.
    (B) You may not use a steel trap, or a snare using cable smaller
than 3/32-inch diameter to trap coyotes or wolves in Unit 12 during
April and October.
    (C) One moose without calf may be taken from June 20-July 31 in the
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the

[[Page 300]]

Batzulnetas Culture Camp. Two hunters from either Chistochina or
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium
to receive the Federal subsistence harvest permit. The permit may be
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) A joint permit may be issued to a pair of a minor and an elder
to hunt sheep during the Aug. 1-Oct. 20 hunt. The following conditions
apply:
    (A) The permittees must be a minor aged 8 to 15 years old and an
accompanying adult 60 years of age or older.
    (B) Both the elder and the minor must be Federally qualified
subsistence users with a positive customary and traditional use
determination for the area they want to hunt.
    (C) The minor must hunt under the direct immediate supervision of
the accompanying adult, who is responsible for ensuring that all legal
requirements are met.
    (D) Only one animal may be harvested with this permit. The sheep
harvested will count against the harvest limits of both the minor and
accompanying adult.

------------------------------------------------------------------------
           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 within the  No open season.
     Wrangell-St. Elias National
     Park that lies west of the
     Nabesna River and the Nabesna
     Glacier. All hunting of caribou
     is prohibited on Federal public
     lands.
    Unit 12--that portion east of     Aug. 10-Sept. 30.
     the Nabesna River and the
     Nabesna Glacier and south of
     the Winter Trail running
     southeast from Pickerel Lake to
     the Canadian border--1 bull by
     Federal registration permit
     only.
    Federal public lands are closed
     to the harvest of caribou
     except by residents of Chisana,
     Chistochina, Mentasta,
     Northway, Tetlin, Tok, Unit 12
     along the Nabesna Road
     (mileposts 25-46), and that
     portion of Unit 12 east of the
     Nabesna River and the Nabesna
     Glacier and south of the Winter
     Trail.
    Unit 12--remainder--1 bull......  Sept. 1-20.
    Unit 12--remainder--1 caribou     Winter season to be announced.
     may be taken by a Federal
     registration permit during a
     winter season to be announced.
     Dates for a winter season to
     occur between Oct. 1 and Apr.
     30 and sex of animal to be
     taken will be announced by
     Tetlin National Wildlife Refuge
     Manager in consultation with
     Wrangell-St. Elias National
     Park and Preserve
     Superintendent, Alaska
     Department of Fish and Game
     area biologists, and Chairs of
     the Eastern Interior Regional
     Advisory Council and Upper
     Tanana/Fortymile Fish and Game
     Advisory Committee.
Sheep:
    Unit 12--1 ram with full curl or  Aug. 10-Sept. 20.
     larger horn.
    Unit 12--that portion within      Aug. 1-Oct. 20.
     Wrangell-St. Elias National
     Park and Preserve--1 ram with
     full curl horn or larger by
     Federal registration permit
     only by persons 60 years of age
     or older.
Moose:
    Unit 12--that portion within the  Aug. 24-Sept. 20.
     Tetlin National Wildlife Refuge  Nov. 1-Feb. 28.
     and those lands within the
     Wrangell-St. Elias National
     Preserve north and east of a
     line formed by the Pickerel
     Lake Winter Trail from the
     Canadian border to Pickerel
     Lake--1 antlered bull by
     Federal registration permit.
    Unit 12--that portion east of     Aug. 24-Sept. 30.
     the Nabesna River and Nabesna
     Glacier, and south of the
     Winter Trail running southeast
     from Pickerel Lake to the
     Canadian border--1 antlered
     bull.
    Unit 12--remainder--1 antlered    Aug. 20-Sept. 20.
     bull by joint Federal/State
     registration permit only.
Beaver: Unit 12--Wrangell-Saint       Sept. 20-May 15.
 Elias National Park and Preserve--6
 beaver per season. Meat from
 harvested beaver must be salvaged
 for human consumption.
Coyote: 10 coyotes..................  Aug. 10-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): No limit...........  July 1-June 30.
Lynx: 2 lynx........................  Nov. 1-Mar. 15.
Wolf: 10 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31
Grouse (Spruce, 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. Only    Sept. 20-May 15.
 firearms may be used during Sept.
 20-Oct. 31 and Apr. 16-May 15, to
 take up to 6 beaver. Only traps or
 snares may be used Nov. 1-Apr. 15.
 The total annual harvest limit for
 beaver is 15, of which no more than
 6 may be taken by firearm under
 trapping or hunting regulations.
 Meat from beaver harvested by
 firearm must be salvaged for human
 consumption.

[[Page 301]]


Coyote: No limit....................  Oct. 15-Apr. 30.
Fox, Red (including Cross, Black and  Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit; however, no more      Nov. 1-Dec. 31.
 than 5 lynx may be taken between
 Nov. 1 and Nov. 30.
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 southeastern 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 and east bank of the Talkeetna River including the Talkeetna
River to its confluence with Clear Creek, the eastside drainages of a
line going up the south bank of Clear Creek to the first unnamed creek
on the south, then up that creek to lake 4408, along the northeastern
shore of lake 4408, then southeast in a straight line to the
northernmost fork of the Chickaloon River; the drainages into the east
bank of the Chickaloon River below the line from lake 4408; the
drainages of the Matanuska River above its confluence with the
Chickaloon River:
    (A) Unit 13A 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 south 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 13B 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 13C consists of that portion of Unit 13 east of the Gakona
River and Gakona Glacier.

[[Page 302]]

    (D) Unit 13D consists of that portion of Unit 13 south of Unit 13A.
    (E) Unit 13E 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) You may not take wildlife for subsistence uses on lands within
Mount McKinley National Park as it existed prior to December 2, 1980.
Subsistence uses as authorized by paragraph (n)(13) of this section are
permitted in Denali National Preserve and lands added to Denali National
Park on December 2, 1980.
    (B) You may not use motorized vehicles or pack animals for hunting
from Aug. 5-25 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 benchmark 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
Cantwell Glacier and Miller Creek to the Delta River.
    (C) Except for access and transportation of harvested wildlife on
Sourdough and Haggard Creeks, Middle Fork trails, or other trails
designated by the Board, you may not use motorized vehicles for
subsistence hunting in the Sourdough Controlled Use Area. The Sourdough
Controlled Use Area consists of that portion of Unit 13B 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 Middle Fork 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.
    (D) You may not use any motorized vehicle or pack animal for
hunting, including the transportation of hunters, their hunting gear,
and/or parts of game from July 26-September 30 in the Tonsina Controlled
Use Area. The Tonsina Controlled Use Area consists of that portion of
Unit 13D bounded on the west by the Richardson Highway from the Tiekel
River to the Tonsina River at Tonsina, on the north along the south bank
of the Tonsina River to where the Edgerton Highway crosses the Tonsina
River, then along the Edgerton Highway to Chitina, on the east by the
Copper River from Chitina to the Tiekel River, and on the south by the
north bank of the Tiekel River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15.
    (B) Upon written request by the Camp Director to the Glennallen
Field Office, 2 caribou, sex to be determined by the Glennallen Field
Office Manager of the BLM, may be taken from Aug. 10-Sept. 30 or Oct.
21-Mar. 31 by Federal registration permit for the Hudson Lake
Residential Treatment Camp. Additionally, 1 bull moose may be taken Aug.
1-Sept. 20. The animals may be taken by any Federally qualified hunter
designated by the Camp Director. The hunter must have in his/her
possession the permit and a designated hunter permit during all periods
that are being hunted.
    (C) Upon written request from the Ahtna Heritage Foundation to the
Glennallen Field Office, either 1 bull moose or 2 caribou, sex to be
determined by the Glennallen Field Office Manager of the Bureau of Land
Management, may be taken from Aug. 1-Sept. 20 for 1 moose or Aug. 10-
Sept. 20 for 2 caribou by Federal registration permit for the Ahtna
Heritage Foundation's culture camp. The permit will expire on September
20 or when the camp closes, whichever comes first. No combination of
caribou and moose is allowed. The animals may be taken by any Federally
qualified hunter designated by the Camp Director. The

[[Page 303]]

hunter must have in his/her possession the permit and a designated
hunter permit during all periods that are being hunted.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING
Black Bear: 3 bears..................  July 1-June 30.
Brown Bear: 1 bear. Bears taken        Aug. 10-May 31.
 within Denali National Park must be
 sealed within 5 days of harvest.
 That portion within Denali National
 Park will be closed by announcement
 of the Superintendent after 4 bears
 have been harvested.
Caribou:
    Unit 13A and 13B--2 caribou by     Aug. 1-Sept. 30.
     Federal registration permit       Oct. 21-Mar. 31.
     only. The sex of animals that
     may be taken will be announced
     by the Glennallen Field Office
     Manager of the Bureau of Land
     Management in consultation with
     the Alaska Department of Fish
     and Game area biologist and
     Chairs of the Eastern Interior
     Regional Advisory Council and
     the Southcentral Regional
     Advisory Council.
    Unit 13--remainder--2 bulls by     Aug. 1-Sept. 30.
     Federal registration permit only. Oct. 21-Mar. 31.
    You may not hunt within the Trans- .................................
     Alaska Oil Pipeline right-of-
     way. The right-of-way is 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 13D     Aug. 10-Sept. 20.
 and the Tok Management Area and
 Delta Controlled Use Area--1 ram
 with 7/8 curl or larger horn.
Moose:
    Unit 13E--1 antlered bull moose    Aug. 1-Sept. 20.
     by Federal registration permit
     only;only 1 permit will be
     issued per household.
    Unit 13-remainder--1 antlered      Aug. 1-Sept. 20.
     bull moose by Federal
     registration permit only.
Beaver: 1 beaver per day, 1 in         June 15-Sept. 10.
 possession.
Coyote: 10 coyotes...................  Aug. 10-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): No limit............  July 1-June 30.
Lynx: 2 lynx.........................  Nov. 10-Feb. 28.
Wolf: 10 wolves......................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine...............  Sept. 1-Jan. 31.
Grouse (Spruce, 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: No limit.....................  Sept. 25-May 31.
Coyote: No limit.....................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and   Nov. 10-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit.......................  Nov. 10-Feb. 28.
Marten: Unit 13--No limit............  Nov. 10-Feb. 28.
Mink and Weasel: No limit............  Nov. 10-Feb. 28.
Muskrat: No limit....................  Sept. 25-June 10.
Otter: No limit......................  Nov. 10-Mar. 31.
Wolf: No limit.......................  Oct. 15-Apr. 30.
Wolverine: No limit..................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (14) Unit 14. (i) Unit 14 consists of drainages into the northern
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 northern 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 and west bank of the Talkeetna River to its confluence with
Clear Creek, the western side drainages of a line going up the south
bank of Clear Creek to the first unnamed creek on the south, then up
that creek to lake 4408, along the northeastern shore of lake 4408, then
southeast in a straight line to the northernmost fork of the Chickaloon
River:
    (A) Unit 14A consists of drainages in Unit 14 bounded on the west by
the east bank of the Susitna River, on the north by the north bank of
Willow Creek and Peters Creek to its headwaters, then east along the
hydrologic divide separating the Susitna River and Knik Arm drainages to
the outlet creek at lake 4408, 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

[[Page 304]]

northern side of Knik Glacier to the Unit 6 boundary;
    (B) Unit 14B consists of that portion of Unit 14 north of Unit 14A;
    (C) Unit 14C consists of that portion of Unit 14 south of Unit 14A.
    (ii) In the following areas, the taking of wildlife for subsistence
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in the Fort
Richardson and Elmendorf Air Force Base Management Areas, consisting of
the Fort Richardson and Elmendorf Military Reservations;
    (B) You may not take wildlife for subsistence uses in the Anchorage
Management Area, consisting of all drainages south of Elmendorf and Fort
Richardson military reservations and north of and including Rainbow
Creek.
    (iii) Unit-specific regulations:

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: Unit 14C--1 bear........  Jul. 1-Jun. 30.
Beaver: Unit 14C--1 beaver per day,   May 15-Oct. 31.
 1 in possession.
Coyote: Unit 14C--2 coyotes.........  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and  Nov. 1-Feb. 15.
 Silver Phases): Unit 14C--2 foxes.
Hare (Snowshoe): Unit 14C--5 hares    Sept. 8-Apr. 30.
 per day.
Lynx: Unit 14C--2 lynx..............  Dec. 1-Jan. 31.
Wolf: Unit 14C--5 wolves............  Aug. 10-Apr. 30.
Wolverine: Unit 14C--1 wolverine....  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed): Unit      Sept. 8-Mar. 31.
 14C--5 per day, 10 in possession.
Ptarmigan (Rock, Willow, and White-   Sept. 8-Mar. 31.
 tailed): Unit 14C--10 per day, 20
 in possession.

              TRAPPING

Beaver: Unit 14C--that portion        Dec. 1-Apr. 15.
 within 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 14C--No limit..........  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and  Nov. 10-Feb. 28.
 Silver Phases): Unit 14C--1 fox.
Lynx: Unit 14C--No limit............  Dec. 15-Jan. 31.
Marten: Unit 14C--No limit..........  Nov. 10-Jan. 31.
Mink and Weasel: Unit 14C--No limit.  Nov. 10-Jan. 31.
Muskrat: Unit 14C--No limit.........  Nov. 10-May 15.
Otter: Unit 14C--No limit...........  Nov. 10-Feb. 28.
Wolf: Unit 14C--No limit............  Nov. 10-Feb. 28.
Wolverine: Unit 14C--2 wolverines...  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (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[min] W. crosses the coastline of Chickaloon Bay in
Turnagain Arm, including that area lying west of longitude line
150[deg]00[min] 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 15A consists of that portion of Unit 15 north of the north
bank of the Kenai River and the northern shore of Skilak Lake;
    (B) Unit 15B consists of that portion of Unit 15 south of the north
bank of the Kenai River and the northern shore of Skilak Lake, and north
of the north bank of the Kasilof River, the northern shore of Tustumena
Lake, Glacier Creek, and Tustumena Glacier;
    (C) Unit 15C consists of the remainder of Unit 15.
    (ii) You may not take wildlife, except for grouse, ptarmigan, and
hares that may be taken only from October 1 through March 1 by bow and
arrow only, in the Skilak Loop Management Area, which consists of that
portion of Unit 15A bounded by a line beginning at the easternmost
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 northern 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 westernmost junction
with

[[Page 305]]

the Sterling Highway, then easterly along the Sterling Highway to the
point of beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15;
    (B) You may not trap furbearers for subsistence in the Skilak Loop
Wildlife Management Area;
    (C) You may not trap marten in that portion of Unit 15B east of the
Kenai River, Skilak Lake, Skilak River, and Skilak Glacier;
    (D) You may not take red fox in Unit 15 by any means other than a
steel trap or snare.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear:
    Units 15A and 15B--2 bears by     Jul. 1-Jun. 30.
     Federal registration permit.
    Unit 15C--3 bears...............  Jul. 1-Jun. 30.
    Unit 14C--1 bear................
Brown Bear: Unit 15--1 bear every 4   Sept. 1-Nov. 30, to be announced
 regulatory years by Federal           and Apr. 1-Jun. 15, to be
 registration permit. The season may   announced.
 be opened or closed by announcement
 from the Kenai National Wildlife
 Refuge Manager after consultation
 with ADF&G and the Chair of the
 Southcentral Alaska Subsistence
 Regional Advisory Council.
Moose:
    Unit 15A--Skilak Loop Wildlife    No open season.
     Management Area.
    Unit 15A--remainder, 15B, and     Aug. 10-Sept. 20.
     15C--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.
    Units 15B and 15C--1 antlered     Oct. 20-Nov. 10.
     bull with spike-fork or 50-inch
     antlers or with 3 or more brow
     tines on either antler, by
     Federal registration permit
     only. The Kenai NWR Refuge
     Manager is authorized to close
     the October/November season
     based on conservation concerns,
     in consultation with ADF&G and
     the Chair of the Southcentral
     Alaska Subsistence Regional
     Advisory Council.
    Unit 15C--1 cow by Federal        Aug. 10-Sept. 20.
     registration permit only.
Coyote: No limit....................  Sept. 1-Apr. 30.
Hare (Snowshoe): No limit...........  July 1-Jun. 30.
Lynx: 2 lynx........................  Nov. 10-Jan. 31.
Wolf:
    Unit 15--that portion within the  Aug. 10-Apr. 30.
     Kenai National WildlifeRefuge--
     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 15A and 15B--20 per day, 40  Aug. 10-Mar. 31.
     in possession.
    Unit 15C--20 per day, 40 in       Aug. 10-Dec. 31.
     possession.
    Unit 15C--5 per day, 10 in        Jan. 1-Mar. 31.
     possession.

              TRAPPING

Beaver: 20 beaver per season........  Nov. 10-Mar. 31.
Coyote: No limit....................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and  Nov. 10-Feb. 28.
 Silver Phases): 1 Fox.
Lynx: No limit......................  Jan. 1-Jan. 31.
Marten:
    Unit 15B--that portion east of    No open season.
     the 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--No limit............  Nov. 10-Feb. 28.
Wolf: No limit......................  Nov. 10-Mar. 31.
Wolverine: Unit 15B 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 western side of the
Susitna River (including the Susitna River) upstream to its confluence
with the Chulitna River; the drainages into the western side of the
Chulitna River (including the Chulitna River) upstream to the Tokositna
River, and drainages into the southern side of the Tokositna River
upstream to the base of the Tokositna Glacier, including the drainage of
the Kahiltna Glacier:

[[Page 306]]

    (A) Unit 16A 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 16B consists of the remainder of Unit 16.
    (ii) You may not take wildlife for subsistence uses in the Mount
McKinley National Park, as it existed prior to December 2, 1980.
Subsistence uses as authorized by paragraph (n)(16) of this section are
permitted in Denali National Preserve and lands added to Denali National
Park on December 2, 1980.
    (iii) Unit-specific regulations:
    (A) You may use bait 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..................  Aug. 10-Oct. 31.
Moose:
    Unit 16B--Redoubt Bay Drainages   Sept. 1-15.
     south and west of, and
     including the Kustatan River
     drainage--1 bull.
    Unit 16B--Denali National         Sept. 1-30.
     Preserve only--1 bull by         Dec. 1-Feb. 28.
     Federal registration permit.
     One Federal registration permit
     for moose issued per household.
    Unit 16B, remainder--1 bull.....  Sept. 1-30.
                                      Dec. 1-Feb. 28.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and  Sept. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): No limit...........  July 1-Jun. 30.
Lynx: 2 lynx........................  Dec. 1-Jan. 31.
Wolf: 5 wolves......................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per    Aug. 10-Mar. 31.
 day, 30 in possession.
Ptarmigan (Rock, Willow, and White-   Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.

              TRAPPING

Beaver: No limit....................  Oct. 10-May 15.
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. 31.
Marten: No limit....................  Nov. 10-Feb. 28.
Mink and Weasel: No limit...........  Nov. 10-Jan. 31.
Muskrat: No limit...................  Nov. 10-Jun. 10.
Otter: No limit.....................  Nov. 10-Mar. 31.
Wolf: No limit......................  Nov. 10-Mar. 31.
Wolverine: No limit.................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (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 17A consists of the drainages between Cape Newenham and
Cape Constantine, and Hagemeister Island and the Walrus Islands;
    (B) Unit 17B 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 17C 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, you
may not use any motorized vehicle for hunting ungulates, bears, wolves,
and wolverine, including transportation of hunters and parts of
ungulates, bear, wolves, or wolverine in the Upper Mulchatna Controlled
Use Area consisting of Unit 17B, from Aug. 1-Nov. 1.
    (B) [Reserved]
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
15.
    (B) You may hunt brown bear by State registration permit in lieu of
a resident tag if you have obtained a State registration permit prior to
hunting.
    (C) If you have a trapping license, you may use a firearm to take
beaver

[[Page 307]]

in Unit 17 from April 15-May 31. You may not take beaver with a firearm
under a trapping license on National Park Service lands.

------------------------------------------------------------------------
           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 17A--all drainages west of   Aug. 1-Mar. 15.
     Right Hand Point--2 caribou by
     State registration permit; no
     more than 1 caribou may be a
     bull, and no more than 1
     caribou may be taken Aug. 1-
     Jan. 31. The season may be
     closed and harvest limit
     reduced for the drainages
     between the Togiak River and
     Right Hand Point by
     announcement of the Togiak
     National Wildlife Refuge
     Manager.
    Units 17A and 17C--that portion   Aug. 1-Sept. 30.
     of 17A and 17C consisting of     Dec. 1-Mar. 31.
     the Nushagak Peninsula south of
     the Igushik River, Tuklung
     River and Tuklung Hills, west
     to Tvativak Bay--up to 2
     caribou by Federal registration
     permit. Public lands are closed
     to the taking of caribou except
     by residents of Togiak, Twin
     Hills, Manokotak, Aleknagik,
     Dillingham, Clark's Point, and
     Ekuk hunting under these
     regulations. The harvest quota,
     harvest limit, and the number
     of permits available will be
     announced by the Togiak
     National Wildlife Refuge
     Manager after consultation with
     the Alaska Department of Fish
     and Game and the Nushagak
     Peninsula Caribou Planning
     Committee. Successful hunters
     must report their harvest to
     the Togiak National Wildlife
     Refuge within 24 hours after
     returning from the field. The
     season may be closed by
     announcement of the Togiak
     National Wildlife Refuge
     Manager.
    Units 17A remainder and 17C       Season may be announced between
     remainder--selected drainages;    Aug. 1-Mar. 15.
     a harvest limit of up to 2
     caribou by State registration
     permit will be determined at
     the time the season is
     announced. Season, harvest
     limit, and hunt area to be
     announced by the Togiak
     National Wildlife Refuge
     Manager.
    Units 17B and 17C--that portion   Aug. 1-Mar. 15.
     of 17C east of the Wood River
     and Wood River Lakes--2 caribou
     by State registration permit;
     no more than 1 caribou may be a
     bull, and no more than 1
     caribou from Aug. 1-Jan 31.
Sheep: 1 ram with full curl or        Aug. 10-Sept. 20.
 larger horn.
Moose:
    Unit 17A--1 bull by State         Aug. 25-Sept. 20.
     registration permit.
    Unit 17A--up to 2 moose by State  Up to a 31-day season may be
     registration permit.              announced between Dec. 1-Jan. 31.
    Units 17B and 17C--one bull.....  Aug. 20-Sept. 15.
    During the period Aug. 20-Sept.   Dec. 1-31.
     15--one bull by State
     registration permit; or.
    During the period Sept. 1-15--
     one bull with spike-fork or 50-
     inch antlers or antlers with
     three or more brow tines on at
     least one side with a State
     harvest ticket; or During the
     period Dec. 1-31--one antlered
     bull by State registration
     permit.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):   Dec. 1-Mar. 15.
 No 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: 10 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per    Aug. 10-Apr. 30.
 day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per   Aug. 10-Apr. 30.
 day, 40 in possession.

              TRAPPING

Beaver:
    Unit 17--No limit...............  Oct. 10-Mar. 31.
    Unit 17--2 beaver per day. Only   Apr. 15-May 31.
     firearms may be used.
Coyote: No limit....................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase):   Nov. 10-Mar. 31.
 No 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-Mar. 31.
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

[[Page 308]]

north; Nunivak, St. Matthew, and adjacent islands between Cape Newenham
and the Pastolik River.
    (ii) In 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, you are not allowed to use 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.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take
beaver in Unit 18 from Apr. 1 through Jun. 10.
    (B) You may hunt brown bear by State registration permit in lieu of
a resident tag if you have obtained a State registration permit prior to
hunting.
    (C) You may take caribou from a boat moving under power in Unit 18.
    (D) You may take moose from a boat moving under power in that
portion of Unit 18 west of a line running from the mouth of the Ishkowik
River to the closest point of Dall Lake, then to the east bank of the
Johnson River at its entrance into Nunavakanukakslak Lake (N
60[deg]59.41[min] Latitude; W 162[deg]22.14[min] Longitude), continuing
upriver along a line \1/2\ mile south and east of, and paralleling a
line along the southerly bank of the Johnson River to the confluence of
the east bank of Crooked Creek, then continuing upriver to the outlet at
Arhymot Lake, then following the south bank west to the Unit 18 border.
    (E) Taking of wildlife in Unit 18 while in possession of lead shot
size T, .20 calibre or less in diameter, is prohibited.
    (F) You may not pursue with a motorized vehicle an ungulate that is
at or near a full gallop.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears..................  July 1-June 30.
Brown Bear: 1 bear by State            Sept. 1-May 31.
 registration permit only.
Caribou:
    Unit 18--that portion to the east  Aug. 1-Mar. 15.
     and south of the Kuskokwim
     River--2 caribou by State
     registration permit.
    Unit 18 remainder--2 caribou by    Aug. 1-Mar. 15.
     State registration permit.
Moose:
    Unit 18--that portion east of a    Sept. 1-30.
     line running from the mouth of
     the Ishkowik River to the
     closest point of Dall Lake, then
     to the east bank of the Johnson
     River at its entrance into
     Nunavakanukakslak Lake (N
     60[deg]59.41[min] Latitude;
     W162[deg]22.14[min] Longitude),
     continuing upriver along a line
     \1/2\ mile south and east of,
     and paralleling a line along the
     southerly bank of the Johnson
     River to the confluence of the
     east bank of Crooked Creek, then
     continuing upriver to the outlet
     at Arhymot Lake, then following
     the south bank east of the Unit
     18 border and then north of and
     including the Eek River
     drainage--1 antlered bull by
     State registration permit;
     quotas will be announced
     annually by the Yukon Delta
     National Wildlife Refuge Manager.
    Federal public lands are closed
     to the taking of moose except by
     residents of Tuntutuliak, Eek,
     Napakiak, Napaskiak, Kasigluk,
     Nunapitchuk, Atmautlauk,
     Oscarville, Bethel, Kwethluk,
     Akiachak, Akiak, Tuluksak, Lower
     Kalskag, and Kalskag.
    Unit 18--south of and including    No open season.
     the Kanektok River drainages to
     the Goodnews River drainage.
     Federal public lands are closed
     to the taking of moose by all
     users.
    Unit 18--Goodnews River drainage   Sept. 1-30.
     and south to the Unit 18
     boundary--1 antlered bull by
     State registration permit. Any
     needed closures will be
     announced by the Togiak National
     Wildlife Refuge Manager after
     consultation with BLM, ADF&G,
     and the Chair of the Yukon-
     Kuskokwim Delta Subsistence
     Regional Advisory Council.
    Unit 18, remainder--2 moose, only  Aug 1-Mar. 31.
     one of which may be antlered.
     Antlered bulls may not be
     harvested from Oct. 1 through
     Nov. 30.
Beaver: No limit.....................  July 1-June 30.
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: 5 lynx.........................  Aug. 10-Apr. 30.
Wolf: 10 wolves......................  Aug. 10-Apr. 30.

[[Page 309]]


Wolverine: 2 wolverine...............  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per     Aug. 10-Apr. 30.
 day, 30 in possession.
Ptarmigan (Rock and Willow): 50 per    Aug. 10-May 30.
 day, 100 in possession.

               TRAPPING

Beaver: No limit.....................  July 1-June 30.
Coyote: No limit.....................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase):    Nov. 10-Mar. 31.
 No 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 19A 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 19B.
    (B) Unit 19B 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 19C consists of that portion of Unit 19 south and east of a
line from Benchmark M1.26 (approximately 1.26 miles south of the
northwestern 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 19D 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:
    (A) You may not take wildlife for subsistence uses on lands within
Mount McKinley National Park as it existed prior to December 2, 1980.
Subsistence uses as authorized by paragraph (n)(19) of this section are
permitted in Denali National Preserve and lands added to Denali National
Park on December 2, 1980.
    (B) In the Upper Kuskokwim Controlled Use Area, which consists of
that portion of Unit 19D upstream from the mouth of the Selatna River,
but excluding the Selatna and Black River drainages, to a line extending
from Dyckman Mountain on the northern Unit 19D boundary southeast to the
1,610-foot crest of Munsatli Ridge, then south along Munsatli Ridge to
the 2,981-foot peak of Telida Mountain, then northeast to the
intersection of the western boundary of Denali National Preserve with
the Minchumina-Telida winter trail, then south along the western
boundary of Denali National Preserve to the southern boundary of Unit
19D, you may not use 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.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
30;
    (B) You may hunt brown bear by State registration permit in lieu of
a resident tag in those portions of Units19A and 19B downstream of and
including the Aniak River drainage if you have obtained a State
registration permit prior to hunting.

[[Page 310]]

    (C) In Unit 19C, individual residents of Nikolai may harvest sheep
during the Aug. 10 to Sept. 20 season and not have that animal count
against the community harvest limit (during the Oct. 1 to Mar. 30
season). Individual residents of Nikolai that harvest a sheep under
State regulations may not participate in the Oct. 1 to Mar. 30 community
harvest.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears..................  July 1-June 30.
Brown Bear:
    Unit 19A and 19B--those portions   Aug. 10-June 30.
     which are downstream of and
     including the Aniak River
     drainage--1 bear by State
     registration permit.
    Unit 19A, remainder, 19B,          Aug. 10-June 30.
     remainder, and Unit 19D--1 bear.
Caribou:
    Unit 19A--north of Kuskokwim       Aug. 1-Mar. 15.
     River--2 caribou by State
     registration permit, no more
     than 1 caribou may be a bull; no
     more than 1 caribou may be taken
     from Aug. 1-Jan. 31.
    Unit 19A--south of the Kuskokwim
     River and Unit 19B (excluding
     rural Alaska residents of Lime
     Village)--2 caribou by State
     registration permit; no more
     than 1 caribou may be a bull; no
     more than 1caribou may be taken
     Aug. 1-Jan. 31.
    Unit 19C--1 caribou..............  Aug. 10-Oct. 10.
    Unit 19D--south and east of the    Aug. 10-Sept. 30.
     Kuskokwim River and North Fork    Nov. 1-Jan. 31.
     of the Kuskokwim River--1
     caribou.
    Unit 19D, remainder--1 caribou...  Aug. 10-Sept. 30.
    Unit 19--Residents domiciled in    July 1-June 30.
     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 horn or        Aug. 10-Sept. 20.
     larger.
    Unit 19C--that portion within the  Oct. 1-Mar. 30.
     Denali National Park and
     Preserve--residents of Nikolai
     only--no individual harvest
     limit, but a community harvest
     quota will be set annually by
     the Denali National Park and
     Preserve Superintendent; rams or
     ewes without lambs only.
     Reporting will be by a community
     reporting system.
Moose:
    Unit 19--Residents of Lime         July 1-June 30.
     Village only--no individual
     harvest limit, but a village
     harvest quota of 28 bulls
     (including those taken under the
     State permits). Reporting will
     be by a community reporting
     system.
    Unit 19A--North of the Kuskokwim   No open season.
     River, upstream from but
     excluding the George River
     drainage, and south of the
     Kuskokwim River upstream from
     and including the Downey Creek
     drainage, not including the Lime
     Village Management Area; Federal
     public lands are closed to the
     taking of moose.
    Unit 19A, remainder--1 antlered    Sept. 1-20.
     bull by Federal drawing permit
     or a State permit. Federal
     public lands are closed to the
     taking of moose except by
     residents of Tuluksak, Lower
     Kalskag, Upper Kalskag, Aniak,
     Chuathbaluk, and Crooked Creek
     hunting under these regulations.
     The Refuge Manager of the Yukon
     Delta NWR, in cooperation with
     the BLM Field Office Manager,
     will annually establish the
     harvest quota and number of
     permits to be issued in
     coordination with the State Tier
     I hunt. If the allowable harvest
     level is reached before the
     regular season closing date, the
     Refuge Manager, in consultation
     with the BLM Field Office
     Manager, will announce an early
     closure of Federal public lands
     to all moose hunting.
    Unit 19B--1 bull with spike-fork   Sept. 1-20.
     or 50-inch antlers or antlers
     with 4 or more brow tines on one
     side.
    Unit 19C--1 antlered bull........  Sept. 1-20.
    Unit 19C--1 bull by State          Jan. 15-Feb. 15.
     registration permit.
    Unit 19D--that portion of the      Sept. 1-30.
     Upper 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 19D--remainder of the Upper   Sept. 1-30.
     Kuskokwim Controlled Use Area--1  Dec. 1-Feb. 15.
     bull.
    Unit 19D, remainder--1 antlered    Sept. 1-30
     bull.                             Dec. 1-15.
Coyote: 10 coyotes...................  Aug. 10-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): No limit............  July 1-June 30.
Lynx: 2 lynx.........................  Nov. 1-Feb. 28.
Wolf:
    Unit 19D--10 wolves per day......  Aug. 10-Apr. 30.'
    Unit 19, remainder--5 wolves.....  Aug. 10-Apr. 30.
Wolverine:
    1 wolverine......................  Sept. 1-Mar. 31.
Grouse (Spruce, 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 311]]


               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 20A 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 20B consists of drainages into the northern bank of the
Tanana River from and including Hot Springs Slough upstream to and
including the Banner Creek drainage.
    (C) Unit 20C 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 20D 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 20E 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 20F 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) You may not take wildlife for subsistence uses on lands within
Mount McKinley National Park as it existed prior to December 2, 1980.
Subsistence uses as authorized by paragraph (n)(20) of this section are
permitted in Denali National Preserve and lands added to Denali National
Park on December 2, 1980.
    (B) You may not use motorized vehicles or pack animals for hunting
Aug. 5-25 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 benchmark 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 of the 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) You may not use firearms, snowmobiles, licensed highway vehicles
or motorized vehicles, except aircraft and boats, in the Dalton Highway
Corridor Management Area, which consists of those portions of Units 20,
24, 25, and 26

[[Page 312]]

extending 5 miles from each side of the Dalton Highway from the Yukon
River to milepost 300 of the Dalton Highway, except as follows:
Residents living within the Dalton Highway Corridor Management Area may
use snowmobiles only for the subsistence taking of wildlife. You may use
licensed highway vehicles only on designated roads within the Dalton
Highway Corridor Management Area. The residents of Alatna, Allakaket,
Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and residents
living within the Corridor may use firearms within the Corridor only for
subsistence taking of wildlife;
    (D) You may not use any motorized vehicle for hunting August 5-
September 20 in the Glacier Mountain Controlled Use Area, which consists
of that portion of Unit 20E 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; however, this does not prohibit motorized access via, or
transportation of harvested wildlife on, the Taylor Highway or any
airport.
    (E) You may by permit hunt moose on 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 3 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.
    (F) You may only hunt moose by bow and arrow in the Fairbanks
Management Area. The Area consists of that portion of Unit 20B bounded
by a line from the confluence of Rosie Creek and the Tanana River,
northerly along Rosie Creek to Isberg Road, then northeasterly on Isberg
Road to Cripple Creek Road, then northeasterly on Cripple Creek Road to
the Parks Highway, then north on the Parks Highway to Alder Creek, then
westerly to the middle fork of Rosie Creek through section 26 to the
Parks Highway, then east along the Parks Highway to Alder Creek, then
upstream along Alder Creek to its confluence with Emma Creek, then
upstream along Emma Creek to its headwaters, then northerly along the
hydrographic divide between Goldstream Creek drainages and Cripple Creek
drainages to the summit of Ester Dome, then down Sheep Creek to its
confluence with Goldstream Creek, then easterly along Goldstream Creek
to Sheep Creek Road, then north on Sheep Creek Road to Murphy Dome Road,
then west on Murphy Dome Road to Old Murphy Dome Road, then east on Old
Murphy Dome Road to the Elliot Highway, then south on the Elliot Highway
to Goldstream Creek, then easterly along Goldstream Creek to its
confluence with First Chance Creek, Davidson Ditch, then southeasterly
along the Davidson Ditch to its confluence with the tributary to
Goldstream Creek in Section 29, then downstream along the tributary to
its confluence with Goldstream Creek, then in a straight line to First
Chance Creek, then up First Chance Creek to Tungsten Hill, then
southerly along Steele Creek to its confluence with Ruby Creek, then
upstream along Ruby Creek to Esro Road, then south on Esro Road to Chena
Hot Springs Road, then east on Chena Hot Springs Road to Nordale Road,
then south on Nordale Road to the Chena River, to its intersection with
the Trans-Alaska Pipeline

[[Page 313]]

right of way, then southeasterly along the easterly edge of the Trans-
Alaska 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
the 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.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear April 15-June 30; you may
use bait to hunt wolves on FWS and BLM lands.
    (B) You may not use a steel trap, or a snare using cable smaller
than 3/32-inch diameter to trap coyotes or wolves in Unit 20E during
April and October.
    (C) Residents of Units 20 and 21 may take up to three moose per
regulatory year for the celebration known as the Nuchalawoyya Potlatch,
under the terms of a Federal registration permit. Permits will be issued
to individuals at the request of the Native Village of Tanana only. 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 20A--1 bear.................  Sept. 1-May 31.
    Unit 20E--1 bear.................  Aug. 10-June 30.
    Unit 20, remainder--1 bear.......  Sept. 1-May 31.
Caribou:
    Unit 20E--1 caribou A joint State/ Aug. 10-Sept. 30.
     Federal registration permit is    Nov. 1-Mar. 31.
     required. During the Aug. 10-
     Sept. 30 season, the harvest is
     restricted to 1 bull. The
     harvest quota for the period
     Aug. 10-29 in Units 20E, 20F,
     and 25C is 100 caribou. During
     the Nov. 1-Mar. 31 season, area
     closures or hunt restrictions
     may be announced when Nelchina
     caribou are present in a mix of
     more than 1 Nelchina caribou to
     15 Fortymile caribou, except
     when the number of caribou
     present is low enough that fewer
     than 50 Nelchina caribou will be
     harvested regardless of the
     mixing ratio for the two herds.
    Unit 20F--north of the Yukon       Aug. 10-Mar. 31.
     River--1 caribou.
    Unit 20F--east of the Dalton       Aug. 10-Sept. 30.
     Highway and south of the Yukon    Nov. 1-Mar. 31.
     River--1 caribou; A joint State/
     Federal registration permit is
     required. During the Aug. 10-
     Sept. 30 season, the harvest is
     restricted to 1 bull. The
     harvest quota for the period
     Aug. 10-29 in Units 20E, 20F,
     and 25C is 100 caribou.
Moose:
    Unit 20A--1 antlered bull........  Sept. 1-20.
    Unit 20B--that portion within the  Sept. 1-20.
     Minto Flats Management Area--1    Jan. 10-Feb. 28.
     bull by Federal registration
     permit only.
    Unit 20B, remainder--1 antlered    Sept. 1-20.
     bull.
    Unit 20C--that portion within      Sept. 1-30.
     Denali National Park and          Nov. 15-Dec. 15.
     Preserve west of 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.
    Unit 20C, remainder--1 antlered    Sept. 1-30.
     bull; however, white-phased or
     partial albino (more than 50
     percent white) moose may not be
     taken.
    Unit 20E--that portion within      Aug. 20-Sept. 30.
     Yukon-Charley Rivers National
     Preserve--1 bull.
    Unit 20E--that portion drained by  Aug. 20-Sept. 30.
     the Middle Fork of the Fortymile
     River upstream from and
     including the Joseph Creek
     drainage--1 bull.
    Unit 20E remainder--1 bull by      Aug. 24-Sept. 25.
     joint Federal/State registration
     permit.
    Unit 20F--that portion within the  Sept. 1-25.
     Dalton Highway Corridor
     Management Area--1 antlered bull
     by Federal registration permit
     only.
    Unit 20F, remainder--1 antlered    Sept. 1-30.
     bull.                             Dec. 1-10.
Sheep:
    Unit 20E--1 ram with full-curl     Aug. 10-Sept. 20.
     horn or larger.
    Unit 20, remainder...............  No open season.
Beaver:
    Unit 20E--Yukon-Charley Rivers     Sept. 20-May 15.
     National Preserve--6 beaver per
     season. Meat from harvested
     beaver must be salvaged for
     human consumption.
Coyote: 10 coyotes...................  Aug. 10-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): No limit............  July 1-June 30.
Lynx:
    Unit 20A, 20B, and that portion    Dec. 1-Jan. 31.
     of 20C east of the Teklanika
     River--2 lynx.
    Unit 20E--2 lynx.................  Nov. 1-Jan. 31.
    Unit 20, remainder--2 lynx.......  Dec. 1-Jan. 31.
Muskrat:
    Unit 20E, that portion within      Sept. 20-June 10.
     Yukon-Charley Rivers National
     Preserve--No limit.

[[Page 314]]


    Unit 20C, that portion within      Nov. 1-Jun. 10.
     Denali National Park and
     Preserve--25 muskrat.
    Unit 20, remainder...............  No open season.
Wolf:
    Unit 20--10 wolves...............  Aug. 10-Apr. 30.
    Unit 20C, that portion within      Aug. 10-Oct. 31.
     Denali National Park and          Nov. 1-Apr. 30.
     Preserve--1 wolf during the Aug.
     10-Oct. 31 period; 5 wolves
     during the Nov. 1-Apr. 30
     period, for a total of 6 wolves
     for the season.
    Unit 20C, remainder--10 wolves...  Aug. 10-Apr. 30.
Wolverine: 1 wolverine...............  Sept. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-     Aug. 10-Mar. 31.
 tailed): Units 20A, 20B, 20C, 20E,
 and 20F--15 per day, 30 in
 possession.
Ptarmigan (Rock and Willow):
    Unit 20--those portions within 5   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,    Aug. 10-Apr. 30.
     40 in possession.

               TRAPPING

Beaver:
    Units 20A, 20B, 20C, and 20F--No   Nov. 1-Apr. 15.
     limit.
    Unit 20E--25 beaver per season.    Sept. 20-May 15.
     Only firearms may be used during
     Sept. 20-Oct. 31 and Apr. 16-May
     15, to take up to 6 beaver. Only
     traps or snares may be used Nov.
     1-Apr. 15. The total annual
     harvest limit for beaver is 25,
     of which no more than 6 may be
     taken by firearm under trapping
     or hunting regulations. Meat
     from beaver harvested by firearm
     must be salvaged for human
     consumption.
Coyote:
    Unit 20E--No limit...............  Oct. 15-Apr. 30.
    Unit 20, remainder--No limit.....  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and   Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx:
    Unit 20A, 20B, and 20C east of     Dec. 15-Feb. 15.
     the Teklanika River--No limit.
    Unit 20E--No limit; however, no    Nov. 1-Dec. 31.
     more than 5 lynx may be taken
     between Nov. 1 and Nov. 30.
    Unit 20F and 20C--remainder--No    Nov. 1-Feb. 28.
     limit.
Marten: No limit.....................  Nov. 1-Feb. 28.
Mink and Weasel: No limit............  Nov. 1-Feb. 28.
Muskrat:
    Unit 20E--No limit...............  Sept. 20-June 10.
    Unit 20, remainder--No limit.....  Nov. 1-June 10.
Otter: No limit......................  Nov. 1-Apr. 15.
Wolf:
    Unit 20A, 20B, 20C, and 20F--No    Nov. 1-Apr. 30.
     limit.
    Unit 20E--No limit...............  Oct. 1-Apr. 30.
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 21A consists of the Innoko River drainage upstream from and
including the Iditarod River drainage.
    (B) Unit 21B 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 Melozitna
River drainage upstream from Grayling Creek.
    (C) Unit 21C 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 21D 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 21E 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.

[[Page 315]]

    (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 Unit 21 and 24 bounded by a line from the north bank of the
Yukon River at Koyukuk at 64[deg]52.58[min] N. lat., 157[deg]43.10[min]
W. long., then northerly to the confluences of the Honhosa and Kateel
Rivers at 65[deg]28.42[min] N. lat., 157[deg]44.89[min] W. long., then
northeasterly to the confluences of Billy Hawk Creek and the Huslia
River (65[deg]57[min] N. lat., 156[deg]41[min] W. long.) at
65[deg]56.66[min] N. lat., 156[deg]40.81[min] W. long., then easterly to
the confluence of the forks of the Dakli River at 66[deg]02.56[min] N.
lat., 156[deg]12.71[min] W. long., then easterly to the confluence of
McLanes Creek and the Hogatza River at 66[deg]00.31[min] N. lat.,
155[deg]18.57[min] W. long., then southwesterly to the crest of
Hochandochtla Mountain at 65[deg]31.87[min] N. lat., 154[deg]52.18[min]
W. long., then southwest to the mouth of Cottonwood Creek at
65[deg]13.00[min] N. lat., 156[deg]06.43[min] W. long., then southwest
to Bishop Rock (Yistletaw) at 64[deg]49.35[min] N. lat.,
157[deg]21.73[min] W. long., 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.
    (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
extending 2 miles easterly 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) In Unit 21D, you may hunt brown bear by State registration
permit in lieu of a resident tag if you have obtained a State
registration permit prior to hunting. Aircraft may not be used 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.
    (iv) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
30; and in the Koyukuk Controlled Use Area, you may also use bait to
hunt black bear between September 1 and September 25.
    (B) If you have a trapping license, you may use a firearm to take
beaver in Unit 21(E) from Nov. 1-June 10.
    (C) The residents of Units 20 and 21 may take up to three moose per
regulatory year 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 residents of Unit 21 may take up to three moose per
regulatory year for the celebration known as the Kaltag/Nulato
Stickdance, under the terms of a Federal registration permit.

[[Page 316]]

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:
    Unit 21D--1 bear by State         Aug. 10-June 30.
     registration permit only.
    Unit 21, remainder--1 bear......  Aug. 10-June 30.
Caribou:
    Unit 21A--1 caribou.............  Aug. 10-Sept. 30.
                                      Dec. 10-Dec. 20.
    Unit 21B--that portion north of   No open season.
     the Yukon River and downstream
     from Ukawutni Creek.
    Unit 21C--the Dulbi and           No open season.
     Melozitna River drainages
     downstream from Big Creek.
    Unit 21B remainder, 21C           Aug. 10-Sept. 30.
     remainder, and 21E--1 caribou.
    Unit 21D--north of the Yukon      Winter season to be announced.
     River and east of the Koyukuk
     River--caribou may be taken
     during a winter season to be
     announced by the Refuge Manager
     of the Koyukuk/Nowitna National
     Wildlife Refuge Manager and the
     BLM Central Yukon Field Office
     Manager, in consultation with
     ADF&G and the Chairs of the
     Western Interior Subsistence
     Regional Advisory Council, and
     the Middle Yukon and Ruby Fish
     and Game Advisory Committees.
    Unit 21D, remainder--5 caribou    July 1-June 30.
     per day; however, cow caribou
     may not be taken May 16-June 30.
Moose:
    Unit 21B--that part of the        Sept. 5-Oct. 1.
     Nowitna River drainage
     downstream from and including
     the Little Mud River drainage--
     1 bull. A State registration
     permit is required from Sept. 5-
     25. A Federal registration
     permit is required from Sept.
     26-Oct. 1.
    Unit 21B--that part of the        Five-day season to be announced
     Nowitna River drainage            between Dec. 1 and March 31.
     downstream from and including
     the Little Mud River drainage--
     1 antlered bull. A Federal
     registration permit is required
     during the 5-day season and
     will be limited to one per
     household. The 5-day season may
     be announced by the Koyukuk/
     Nowitna National Wildlife
     Refuge Manager after
     consultation with the ADF&G and
     the Chairs of the Western
     Interior Regional Advisory
     Council and the Ruby Fish and
     Game Advisory Committee.
    Unit 21A and 21B, remainder--1    Aug. 20-Sept. 25.
     bull.                            Nov. 1-30.
    Unit 21C--1 antlered bull.......  Sept. 5-25.
    Unit 21D--Koyukuk Controlled Use  Sep. 1-25.
     Area--1 bull; 1 antlerless       Mar. 1-5 season to be announced.
     moose by Federal permit if
     authorized by announcement by
     the Koyukuk/Nowitna NWR
     manager. Harvest of cow moose
     accompanied by calves is
     prohibited. A harvestable
     surplus of cows will be
     determined for a quota, or.
    1 antlered bull by Federal        Apr. 10-15 season to be announced.
     permit, if there is no Mar. 1-5
     season and if authorized by
     announcement by the Koyukuk/
     Nowitna NWR manager and BLM
     Central Yukon field office
     manager. A harvestable surplus
     of bulls will be determined for
     a quota. Announcement for the
     Mar. and Apr. seasons and
     harvest quotas will be made
     after consultation with the
     ADF&G area biologist and the
     Chairs of the Western Interior
     Regional Advisory Council and
     Middle Yukon and Koyukuk River
     Fish and Game Advisory
     Committee.
    Unit 21D, remainder--1 moose;     Aug. 22-31.
     however, antlerless moose may    Sept. 5-25.
     be taken only during Sept. 21-   Mar. 1-5 season to be announced.
     25 and the Mar. 1-5 season if
     authorized jointly by the
     Koyukuk/Nowitna National
     Wildlife Refuge Manager and the
     Central Yukon Field Office
     Manager, Bureau of Land
     Management. Harvest of cow
     moose accompanied by calves is
     prohibited. During the Aug. 22-
     31 and Sept. 5-25 seasons, a
     State registration permit is
     required. During the Mar. 1-5
     season a Federal registration
     permit is required.
     Announcement for the antlerless
     moose seasons and cow quotas
     will be made after consultation
     with the ADF&G area biologist
     and the Chairs of the Western
     Interior Regional Advisory
     Council and the Middle Yukon
     Fish and Game Advisory
     Committee.
    Unit 21E--1 moose; however, only  Aug. 25-Sept. 30.
     bulls may be taken from Aug. 25- Feb. 15-Mar. 15.
     Sept. 30.
    During the Feb. 15-Mar. 15
     season, a Federal registration
     permit is required. The permit
     conditions and any needed
     closures for the winter season
     will be announced by the Innoko
     NWR manager after consultation
     with the ADF&G area biologist
     and the Chairs of the Western
     Interior Regional Advisory
     Council and the Middle Yukon
     Fish and Game Advisory
     Committee as stipulated in a
     letter of delegation. Moose may
     not be taken within one-half
     mile of the Innoko or Yukon
     River during the winter season.
Beaver:
    Unit 21E--No limit..............  Nov. 1-June 10.
    Unit 21, remainder..............  No open season.
Coyote: 10 coyotes                    Aug. 10-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.

[[Page 317]]


Wolf: 5 wolves......................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce, 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-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 22A 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 22B consists of Norton Sound drainages from, but excluding,
the Ungalik River drainage to, and including, the Topkok Creek drainage.
    (C) Unit 22C 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 22D 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 22E 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) You may hunt brown bear by State registration permit in lieu of
a resident tag if you have obtained a State registration permit prior to
hunting. Aircraft may not be used 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) If you have a trapping license, you may use a firearm to take
beaver in Unit 22 during the established seasons.
    (B) Coyote, incidentally taken with a trap or snare, may be used for
subsistence purposes.
    (C) A snowmachine may be used to position a hunter to select
individual caribou for harvest provided that the animals are not shot
from a moving snowmachine.
    (D) The taking of one bull moose and up to three musk oxen by the
community of Wales is allowed for the celebration of the Kingikmuit
Dance Festival under the terms of a Federal registration permit. Permits
will be issued to individuals only at the request of the Native Village
of Wales. The harvest may only occur within regularly established
seasons in Unit 22E. The harvest will count against any established
quota for the area.
    (E) A Federally qualified subsistence user (recipient) may designate
another Federally qualified subsistence user to take musk oxen on his or
her behalf unless the recipient is a member of a community operating
under a community harvest system. The designated hunter must get a
designated hunter

[[Page 318]]

permit and must return a completed harvest report. The designated hunter
may hunt for any number of recipients in the course of a season, but
have no more than two harvest limits in his/her possession at any one
time, except in Unit 22E where a resident of Wales or Shishmaref acting
as a designated hunter may hunt for any number of recipients, but have
no more than four harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear:
    Unit 22A and 22B--3 bears.......  Jul. 1-Jun. 30.
    Unit 22, remainder..............  No open season.
Brown Bear:
    Unit 22A, 22B, 22D, and 22E--1    Aug. 1-May 31.
     bear by State registration
     permit only.
    Unit 22C--1 bear by State         Aug. 1-Oct. 31.
     registration permit only.        May 10-25.
Caribou:
    Unit 22B west of Golovin Bay and  Oct. 1-Apr. 30.
     west of a line along the west    May 1-Sept. 30, a season may be
     bank of the Fish and Niukluk      opened by announcement by the
     Rivers and excluding the Libby    Anchorage Field Office Manager of
     River drainage--5 caribou per     the BLM, in consultation with
     day.                              ADF&G.
    Units 22A, 22B remainder, that    July 1-June 30.
     portion of Unit 22D in the
     Kougaruk, Kuzitrin (excluding
     the Pilgrim River drainage),
     American, and Agiapuk River
     Drainages, and Unit 22E, that
     portion east of and including
     the Sanaguich River drainage--5
     caribou per day; cow caribou
     may not be taken May 16-June 30.
Moose:
    Unit 22A--that portion north of   Aug. 1-Sept. 30.
     and including the Tagoomenik
     and Shaktoolik River drainages--
     1 bull. Federal public lands
     are closed to hunting except by
     residents of Unit 22A hunting
     under these regulations.
    Unit 22A--that portion in the     Aug. 15-Sept. 14.
     Unalakleet drainage and all
     drainages flowing into Norton
     Sound north of the Golsovia
     River drainage and south of the
     Tagoomenik and Shaktoolik River
     drainages--Federal public lands
     are closed to the taking of
     moose, except that residents of
     Unalakleet, hunting under these
     regulations, may take 1 bull by
     Federal registration permit,
     administered by the BLM
     Anchorage Field Office with the
     authority to close the season
     in consultation with ADF&G.
    Unit 22A, remainder--1 bull.      Aug. 1-Sept. 30.
     However, during the period       Jan. 1-Feb. 15.
     Jan.1-Feb. 15, only an antlered
     bull may be taken. Federal
     public lands are closed to the
     taking of moose except by
     residents of Unit 22A hunting
     under these regulations.
    Unit 22B--west of the Darby       Sept. 1-14.
     Mountains--1 bull by State
     registration permit. Quotas and
     any needed closures will be
     announced by the Anchorage
     Field Office Manager of the
     BLM, in consultation with NPS
     and ADF&G. Federal public lands
     are closed to the taking of
     moose except by Federally
     qualified subsistence users
     hunting under these regulations.
    Unit 22B--west of the Darby       Jan. 1-31.
     Mountains--1 bull by either
     Federal or State registration
     permit. Quotas and any needed
     season closures will be
     announced by the Anchorage
     Field Office Manager of the
     BLM, in consultation with NPS,
     and ADF&G. Federal public lands
     are closed to the taking of
     moose except by residents of
     White Mountain and Golovin
     hunting under these regulations.
    Unit 22B, remainder--1 bull.....  Aug. 1-Jan. 31.
    Unit 22C--1 antlered bull.......  Sept. 1-14.
    Unit 22D--that portion within     Sept. 1-14.
     the Kougarok, Kuzitrin, and
     Pilgrim River drainages--1 bull
     by State registration permit.
     Quotas and any needed closures
     will be announced by the
     Anchorage Field Office Manager
     of the BLM, in consultation
     with NPS and ADF&G. Federal
     public lands are closed to the
     taking of moose except by
     residents of Units 22D and 22C
     hunting under these regulations.
    Unit 22D--that portion west of    Sept. 1-14.
     the Tisuk River drainage and
     Canyon Creek--1 bull by State
     registration permit. Quotas and
     any needed closures will be
     announced by the Anchorage
     Field Office Manager of the
     BLM, in consultation with NPS
     and ADF&G.
    Unit 22D--that portion west of    Dec. 1-31.
     the Tisuk River drainage and
     Canyon Creek--1 bull by Federal
     registration permit. Quotas and
     any needed closures will be
     announced by the Anchorage
     Field Office Manager of the
     BLM, in consultation with NPS
     and ADF&G. Federal public lands
     are closed to the taking of
     moose except by residents of
     Units 22D and 22C hunting under
     these regulations.
    Unit 22D, remainder--1 bull.....
    Unit 22D, remainder--1 moose;     Aug. 10-Sept. 14.
     however, no person may take a    Oct. 1-Nov.
     calf or a cow accompanied by a
     calf.
    Unit 22D, remainder--1 antlered   Dec. 1-31.
     bull.
    Unit 22E--1 antlered bull.        Jan. 1-31.
     Federal public lands are closed  Aug. 1-Mar. 15.
     to the taking of moose except
     by Federally qualified
     subsistence users hunting under
     these regulations.
Musk ox:

[[Page 319]]


    Unit 22B--1 bull by Federal       Aug.1-Mar. 15.
     permit or State permit. Federal
     public lands are closed to the
     taking of musk ox except by
     Federally qualified subsistence
     users hunting under these
     regulations.
    Unit 22D--that portion west of    Sept.1-Mar. 15.
     the Tisuk River drainage and
     Canyon Creek--1 bull by Federal
     permit or State permit. Federal
     public lands are closed to the
     harvest of musk ox except by
     residents of Nome and Teller
     hunting under these regulations.
    Unit 22D, that portion within     Aug.1-Mar. 15.
     the Kuzitrin River drainages--1
     bull by Federal permit or State
     permit. Federal public lands
     are closed to the taking of
     musk ox except for residents of
     Council, Golovin, White
     Mountain, Nome, Teller, and
     Brevig Mission hunting under
     these regulations.
    Unit 22D, remainder--1 bull by    Aug. 1-Mar. 15.
     Federal permit or State permit.
     Federal public lands are closed
     to the taking of musk ox except
     by residents of Elim, White
     Mountain, Nome, Teller, and
     Brevig Mission hunting under
     these regulations.
    Unit 22E--1 bull by Federal       Aug. 1-Mar. 15.
     permit or State permit. Federal
     public lands are closed to the
     harvest of musk ox except by
     Federally qualified subsistence
     users hunting under these
     regulations.
    Unit 22, remainder..............  No open season.
Beaver:
    Unit 22A, 22B, 22D, and 22E--50   Nov. 1-June 10.
     beaver.
    Unit 22, remainder..............  No open season.
Coyote..............................  No open season.
Fox, Arctic (Blue and White Phase):   Sept. 1-Apr. 30.
 2 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 22A and 22B--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 wolverines.............  Sept. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in    Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow):
    Unit 22A and 22B east of and      Aug. 10-Apr. 30.
     including the Niukluk River
     drainage--40 per day, 80 in
     possession.
    Unit 22E--20 per day, 40 in       July 15-May 15.
     possession.
    Unit 22, remainder--20 per day,   Aug. 10-Apr. 30.
     40 in possession.

              TRAPPING

Beaver:
    Unit 22A, 22B, 22D, and 22E--50   Nov. 1-June 10.
     beaver.
    Unit 22C........................  No open season.
Coyote..............................  No open season.
Fox, Arctic (Blue and White Phase):   Nov. 1-Apr. 15.
 No 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. 30.
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) You may not use aircraft in any manner either for hunting of
ungulates, bear, wolves, or wolverine, or for transportation of hunters
or harvested species in the Noatak Controlled Use Area for the period
August 15-September 30. The Area consists of that portion of Unit 23 in
a corridor extending 5 miles on either side of the Noatak River
beginning at the mouth of the Noatak River, and extending upstream to
the mouth of Sapun Creek. This closure 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.

[[Page 320]]

    (B) [Reserved]
    (iii) You may not use aircraft in any manner for brown bear hunting,
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.
    (iv) Unit-specific regulations:
    (A) You may take caribou from a boat moving under power in Unit 23.
    (B) In addition to other restrictions on method of take found in
this section, you may also take swimming caribou with a firearm using
rimfire cartridges.
    (C) If you have a trapping license, you may take beaver with a
firearm in all of Unit 23 from Nov. 1-Jun. 10.
    (D) For the Baird and DeLong Mountain sheep hunts--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 only one recipient in the course of a season and may have both his
and the recipients' harvest limits in his/her possession at the same
time.
    (E) A snowmachine may be used to position a hunter to select
individual caribou for harvest provided that the animals are not shot
from a moving snowmachine.
    (F) A Federally qualified subsistence user (recipient) may designate
another Federally qualified subsistence user to take musk oxen on his or
her behalf unless the recipient is a member of a community operating
under a community harvest system. The designated hunter must get a
designated hunter permit and must return a completed harvest report. The
designated hunter may hunt for any number of recipients, but 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 23--1 bear by State  Aug. 1-May 31.
 subsistence registration permit.
Caribou: 15 caribou per day;          July 1-June 30.
 however, cow caribou may not be
 taken May 16-June 30.
Sheep:
    Unit 23--south of Rabbit Creek,   Aug. 10-April 30. If the allowable
     Kiyak Creek, and the Noatak       harvest levels are reached before
     River, and west of the Cutler     the regular season closing date,
     and Redstone Rivers (Baird        the Superintendent of the Western
     Mountains)--1 sheep by Federal    Arctic National Parklands will
     registration permit. The total    announce an early closure.
     allowable harvest of sheep is
     21, of which 15 may be rams and
     6 may be ewes. Federal public
     lands are closed to the taking
     of sheep except by Federally
     qualified subsistence users
     hunting under these regulations.
    Unit 23--north of Rabbit Creek,   Aug. 10-April 30. If the allowable
     Kiyak Creek, and the Noatak       harvest levels are reached before
     River, and west of the Aniuk      the regular season closing date,
     River (DeLong Mountains)--1       the Superintendent of the Western
     sheep by Federal registration     Arctic National Parklands will
     permit. The total allowable       announce an early closure.
     harvest of sheep for the DeLong
     Mountains is 8, of which 5 may
     be rams and 3 may be ewes.
    Unit 23, remainder (Schwatka      Aug. 10-Sept. 20.
     Mountains)--1 ram with 7/8 curl
     or larger horn.
    Unit 23, remainder (Schwatka      Oct. 1-Apr. 30.
     Mountains)--1 sheep.
Moose:
    Unit 23--that portion north and   July 1-Mar. 31.
     west of and including the
     Singoalik River drainage, and
     all lands draining into the
     Kukpuk and Ipewik Rivers--1
     moose; no person may take a
     calf or a cow accompanied by a
     calf.
    Unit 23--that portion lying       Aug. 1-Mar. 31.
     within the Noatak River
     drainage--1 moose; however,
     antlerless moose may be taken
     only from Nov. 1-Mar. 31; no
     person may take a calf or a cow
     accompanied by a calf.
    Unit 23, remainder--1 moose; no   Aug. 1-Mar. 31.
     person may take a calf or a cow
     accompanied by a calf.
Musk ox:
    Unit 23--south of Kotzebue Sound  Aug. 1-Mar. 15.
     and west of and including the
     Buckland River drainage--1 bull
     by Federal permit or State
     permit.

[[Page 321]]


    Federal public lands are closed
     to the taking of musk ox except
     by Federally qualified
     subsistence users hunting under
     these regulations.
    Unit 23--Cape Krusenstern         Aug. 1-Mar. 15.
     National Monument--1 bull by
     Federal permit. Annual harvest
     quotas and any needed closures
     will be announced by the
     Superintendent of Western
     Arctic National Parklands. Cape
     Krusenstern National Monument
     is closed to the taking of musk
     oxen except by resident zone
     community members with
     permanent residence within the
     Monument or the immediately
     adjacent Napaktuktuk Mountain
     area, south of latitude
     67[deg]05[min] N and west of
     longitude 162[deg]30[min] W
     hunting under these regulations.
    Unit 23, remainder..............  No open season.
Beaver: No limit....................  July 1-June 30.
Coyote: 2 coyotes...................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):   Sept. 1-Apr. 30.
 No limit.
Fox, Red (including Cross, Black and  Sept. 1-Mar.15.
 Silver Phases): No limit.
Hare: (Snowshoe and Tundra) No limit  July 1-June 30.
Lynx: 2 lynx........................  Nov. 1-Apr. 15.
Wolf: 15 wolves.....................  Oct. 1-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Muskrat: No limit...................  July 1-June 30
Grouse (Spruce and Ruffed): 15 per    Aug. 10-Apr. 30.
 day, 30 in possession.
Ptarmigan (Rock, Willow, and White-   Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.

              TRAPPING

Beaver:
    Unit 23--the Kobuk and Selawik    July 1-June 30.
     River drainages--50 beaver.
    Unit 23, remainder--30 beaver...  July 1-June 30.
Coyote: No limit....................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase):   Nov. 1-Apr. 15.
 No 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. 30.
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:
    (A) Unit 24A consists of the Middle Fork of the Koyukuk River
drainage upstream from but not including the Harriet Creek and North
Fork Koyukuk River drainages, to the South Fork of the Koyukuk River
drainage upstream from Squaw Creek, the Jim River Drainage, the Fish
Creek drainage upstream from and including the Bonanza Creek drainage,
to the 1,410 ft. peak of the hydrologic divide with the northern fork of
the Kanuti Chalatna River at N. Lat. 66[deg]33.303[min] W. Long.
151[deg]03.637[min] and following the unnamed northern fork of the
Kanuti Chalatna Creek to the confluence of the southern fork of the
Kanuti Chalatna River at N. Lat 66[deg]27.090[min] W. Long.
151[deg]23.841[min], 4.2 miles SSW (194 degrees true) of Clawanmenka
Lake and following the unnamed southern fork of the Kanuti Chalatna
Creek to the hydrologic divide with the Kanuti River drainage at N. Lat.
66[deg]19.789[min] W. Long. 151[deg]10.102[min], 3.0 miles ENE (79
degrees true) from the 2,055 ft. peak on that divide, and the Kanuti
River drainage upstream from the confluence of an unnamed creek at N.
Lat. 66[deg]13.050[min] W. Long.151[deg]05.864[min], 0.9 miles SSE (155
degrees true) of a 1,980 ft. peak on that divide, and following that
unnamed creek to the Unit 24 boundary on the hydrologic divide to the
Ray River drainage at N. Lat. 66[deg]03.827[min] W. Long.
150[deg]49.988[min] at the 2,920 ft. peak of that divide.
    (B) Unit 24B consists of the Koyukuk River Drainage upstream from
Dog Island to the Subunit 24A boundary.
    (C) Unit 24C consists of the Hogatza River Drainage, the Koyukuk
River Drainage upstream from Batza River on the north side of the
Koyukuk River and upstream from and including the Indian River Drainage
on the south side of the Koyukuk River to the Subunit 24B boundary.
    (D) Unit 24D consists of the remainder of Unit 24.

[[Page 322]]

    (ii) In the following areas, the taking of wildlife for subsistence
uses is prohibited or restricted on public land:
    (A) You may not use firearms, snowmobiles, licensed highway
vehicles, or motorized vehicles, except aircraft and boats, in the
Dalton Highway Corridor Management Area, which consists of those
portions of Units 20, 24, 25, and 26 extending 5 miles from each side of
the Dalton Highway from the Yukon River to milepost 300 of the Dalton
Highway, except as follows: Residents living within the Dalton Highway
Corridor Management Area may use snowmobiles only for the subsistence
taking of wildlife. You may use licensed highway vehicles only on
designated roads within the Dalton Highway Corridor Management Area. The
residents of Alatna, Allakaket, Anaktuvuk Pass, Bettles, Evansville, and
Stevens Village, and residents living within the Corridor may use
firearms within the Corridor only for subsistence taking of wildlife.
    (B) You may not use aircraft for hunting moose, including
transportation of any moose hunter or moose part in 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; 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) You may not use aircraft for hunting moose, including
transportation of any moose hunter or moose part in the Koyukuk
Controlled Use Area, which consists of those portions of Unit 21s and 24
bounded by a line from the north bank of the Yukon River at Koyukuk at
64[deg]52.58[min] N. lat., 157[deg]43.10[min] W. long., then northerly
to the confluences of the Honhosa and Kateel Rivers at 65[deg]28.42[min]
N. lat., 157[deg]44.89[min] W. long., then northeasterly to the
confluences of Billy Hawk Creek and the Huslia River (65[deg]57N. lat.,
156[deg]41 W. long.) at 65[deg]56.66[min] N. lat., 156[deg]40.81[min] W.
long., then easterly to the confluence of the forks of the Dakli River
at 66[deg]02.56[min] N. lat., 156[deg]12.71[min] W. long., then easterly
to the confluence of McLanes Creek and the Hogatza River at
66[deg]00.31[min] N. lat., 155[deg]18.57[min] W. long., then
southwesterly to the crest of Hochandochtla Mountain at
65[deg]31.87[min] N. lat., 154[deg]52.18[min] W. long., then southwest
to the mouth of Cottonwood Creek at 65[deg]13.00[min] N. lat.,
156[deg]06.43[min] W. long., then southwest to Bishop Rock (Yistletaw)
at 64[deg]49.35[min] N. lat., 157[deg]21.73[min] W. long., then westerly
along the north bank of the Yukon River (including Koyukuk Island) to
the point of beginning. 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.
    (iii) You may hunt brown bear by State registration permit in lieu
of a resident tag if you have obtained a State registration permit prior
to hunting. You may not use aircraft 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 prohibition 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.
    (iv) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June
30; and in the Koyukuk Controlled Use Area, you may also use bait to
hunt black bear between September 1 and September 25;
    (B) Arctic fox, incidentally taken with a trap or snare intended for
red fox, may be used for subsistence purposes.

[[Page 323]]



------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears.................  July 1-June 30.
Brown Bear: Unit 24--1 bear by State  Aug. 10-June 30.
 registration permit.
Caribou:
    Unit 24--that portion south of    Aug. 10-Mar. 31.
     the south bank of the Kanuti
     River, upstream from and
     including that portion of the
     Kanuti-Kilolitna River
     drainage, bounded by the
     southeast bank of the Kodosin-
     Nolitna Creek, then downstream
     along the east bank of the
     Kanuti-Kilolitna River to its
     confluence with the Kanuti
     River--1 caribou.
    Unit 24, remainder--5 caribou     July 1-June 30.
     per day; however, cow caribou
     may not be taken May 16-June 30.
Sheep:
    Unit 24A and 24B--(Anaktuvuk      July 15-Dec. 31.
     Pass 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 24A and 24B--(excluding      Aug. 1-Apr. 30.
     Anaktuvuk Pass residents)--that
     portion within the Gates of the
     Arctic National Park--3 sheep.
    Unit 24A--except that portion     Aug. 20-Sept. 30.
     within the Gates of the Arctic
     National Park--1 ram by Federal
     registration permit only.
    Unit 24, remainder--1 ram with 7/ Aug. 10-Sept. 20.
     8 curl or larger horn.
Moose:
    Unit 24A--1 antlered bull by      Aug. 25-Oct. 1.
     Federal registration permit.
    Unit 24B--that portion within     Aug. 1-Dec. 31.
     the John River Drainage--1
     moose.
    Unit 24B--All drainages of the    Aug. 25-Oct. 1.
     Koyukuk River downstream from    Dec. 15-Apr. 15.
     and including the Henshaw Creek
     drainage--1 antlered bull by
     Federal registration permit.
    Federal public lands in the
     Kanuti Controlled Use Area, as
     described in Federal
     regulations, are closed to
     taking of moose, except by
     Federally qualified subsistence
     users of Unit 24, Koyukuk, and
     Galena hunting under these
     regulations.
    Unit 24B, remainder 1 antlered    Aug. 25-Oct. 1.
     bull. A Federal registration
     permit is required for the
     Sept. 26-Oct. 1 period.
    Federal public lands in the
     Kanuti Controlled Use Area, as
     described in Federal
     regulations, are closed to
     taking of moose, except by
     Federally qualified subsistence
     users of Unit 24, Koyukuk, and
     Galena hunting under these
     regulations.
    Unit 24C and 24D--that portion    Sept. 1-25.
     within the Koyukuk Controlled
     Use Area and Koyukuk National
     Wildlife Refuge--1 bull.
    1 antlerless moose by Federal     Mar. 1-5 to be announced.
     permit if authorized by
     announcement by the Koyukuk/
     Nowitna National Wildlife
     Refuge Manager and BLM Field
     Office Manager Central Yukon
     Field Office. Harvest of cow
     moose accompanied by calves is
     prohibited. A harvestable
     surplus of cows will be
     determined for a quota, or
    1 antlered bull by Federal        Apr. 10-15 to be announced.
     permit, if there is no Mar. 1-5
     season and if authorized by
     announcement by the Koyukuk/
     Nowitna National Wildlife
     Refuge Manager and BLM Field
     Office Manager Central Yukon
     Field Office. Harvest of cow
     moose accompanied by calves is
     prohibited. Announcement for
     the Mar. and Apr. seasons and
     harvest quotas will be made
     after consultation with the
     ADF&G Area Biologist and the
     Chairs of the Western Interior
     Alaska Subsistence Regional
     Advisory Council, and the
     Middle Yukon and Koyukuk River
     Fish and Game Advisory
     Committees.
    Unit 24C, remainder and Unit      Aug. 25-Oct. 1.
     24D, remainder--1 antlered
     bull. During the Sept. 5-25
     season, a State registration
     permit is required.
Coyote: 10 coyotes..................  Aug. 10-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): No limit...........  July 1-June 30.
Lynx: 2 lynx........................  Nov. 1-Feb. 28.
Wolf: 15 wolves; however, no more     Aug. 10-Apr. 30.
 than 5 wolves may be taken prior to
 Nov. 1.
Wolverine: 5 wolverine; however, no   Sept. 1-Mar. 31.
 more than 1 wolverine may be taken
 prior to Nov. 1.
Grouse (Spruce, Ruffed, and Sharp-    Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock and Willow): 20 per   Aug. 10-Apr. 30.
 day, 40 in possession.

              TRAPPING

Beaver: 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.
------------------------------------------------------------------------


[[Page 324]]

    (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 25A 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 25B 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 25C consists of drainages into the south bank of the Yukon
River upstream from Circle to the Subunit 20E 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 25D 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) You may not use firearms, snowmobiles, licensed highway vehicles
or motorized vehicles, except aircraft and boats in the Dalton Highway
Corridor Management Area, which consists of those portions of Units 20,
24, 25, and 26 extending 5 miles from each side of the Dalton Highway
from the Yukon River to milepost 300 of the Dalton Highway, except as
follows: Residents living within the Dalton Highway Corridor Management
Area may use snowmobiles only for the subsistence taking of wildlife.
You may use licensed highway vehicles only on designated roads within
the Dalton Highway Corridor Management Area. The residents of Alatna,
Allakaket, Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and
residents living within the Corridor may use firearms within the
Corridor only for subsistence taking of wildlife.
    (B) The Arctic Village Sheep Management Area consists of that
portion of Unit 25A 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 2 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 headwaters
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 Sheep Creek and the
East Fork Chandalar River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 30
and between August 1 and September 25; in Unit 25D you may use bait to
hunt brown bear between April 15 and June 30 and between August 1 and
September 25; you may use bait to hunt wolves on FWS and BLM lands.
    (B) You may take caribou and moose from a boat moving under power in
Unit 25.
    (C) The taking of bull moose outside the seasons provided in this
part for food in memorial potlatches and traditional cultural events is
authorized in Unit 25D west provided that:
    (1) The person organizing the religious ceremony or cultural event
contacts the Refuge Manager, Yukon Flats

[[Page 325]]

National Wildlife Refuge prior to taking or attempting to take bull
moose and provides to the Refuge Manager the name of the decedent, the
nature of the ceremony or cultural event, number to be taken, and the
general area in which the taking will occur;
    (2) Each person who takes a bull moose under this section must
submit a written report to the Refuge Manager, Yukon Flats National
Wildlife Refuge not more than 15 days after the harvest specifying the
harvester's name and address, and the date(s) and location(s) of the
taking(s);
    (3) 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 Unit 25D west;
    (4) Any moose taken under this provision counts against the annual
quota of 60 bulls.

------------------------------------------------------------------------
           Harvest limits                         Open season
------------------------------------------------------------------------
               HUNTING

Black Bear:
    Units 25A, 25B, and 25C--3 bears  Jul. 1-Jun. 30.
    or 3 bears by State community     Jul. 1-Jun. 30.
     harvest permit.
    Unit 25D--5 bears...............  Jul. 1-Jun. 30.
Brown Bear:
    Units 25A and 25B--1 bear.......  Aug. 10-Jun. 30.
    Unit 25C--1 bear................  Sept. 1-May 31.
    Unit 25D--2 bears every           July. 1-Jun. 30.
     regulatory year.
Caribou:
    Unit 25A--in those portions west  Jul. 1-June 30.
     of the east bank of the East
     Fork of the Chandalar River
     extending from its confluence
     with the Chandalar River
     upstream to Guilbeau Pass and
     north of the south bank of the
     mainstem of the Chandalar River
     at its confluence with the East
     Fork Chandalar River west (and
     north of the south bank) along
     the West Fork Chandalar River--
     10 caribou. However, only bulls
     may be taken May 16-Jun. 30.
    Unit 25C--1 caribou; a joint      Aug. 10-Sept. 30.
     Federal/State registration       Nov. 1-Mar. 31.
     permit is required. During the
     Aug. 10-Sept. 30 season, the
     harvest is restricted to 1
     bull. The harvest quota between
     Aug. 10-29 in Units 20E, 20F,
     and 25C is 100 caribou.
    Unit 25D--that portion of Unit    Aug. 10-Sept. 30.
     25D drained by the west fork of  Dec. 1-31.
     the Dall River west of 150[deg]
     W. long.--1 bull.
    Unit 25A remainder, 25B, and      July 1-Apr. 30.
     Unit 25D, remainder--10 caribou.
Sheep:
    Unit 25A--that portion within     No open season.
     the Dalton Highway Corridor
     Management Area.
    Units 25A--Arctic Village Sheep   Aug. 10-Apr. 30.
     Management Area--2 rams by
     Federal registration permit
     only.
    Federal public lands are closed   ..................................
     to the taking of sheep except
     by rural Alaska residents of
     Arctic Village, Venetie, Fort
     Yukon, Kaktovik, and
     Chalkyitsik hunting under these
     regulations.
    Unit 25A, remainder--3 sheep by   Aug. 10-Apr. 30.
     Federal registration permit
     only.
    Units 25B, 25C, and 25D--1 ram    Aug. 10-Sept. 20.
     with full-curl horn or larger.
Moose:
    Unit 25A-1 antlered bull........  Aug. 25-Sept. 25.
                                      Dec. 1-10.
    Unit 25B--that portion within     Aug. 20-Sept. 30.
     Yukon-Charley National
     Preserve--1 bull.
    Unit 25B--that portion within     Aug. 25-Sept. 30.
     the Porcupine River drainage     Dec. 1-10.
     upstream from, but excluding
     the Coleen River drainage--1
     antlered bull.
    Unit 25B--that portion, other     Sept. 5-30.
     than Yukon-Charley Rivers        Dec. 1-15.
     National Preserve, 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.
    Unit 25B, remainder--1 antlered   Aug. 25-Sept. 25.
     bull.                            Dec. 1-15.
    Unit 25C--1 antlered bull.......  Aug. 20-Sept. 30.

[[Page 326]]


    Unit 25D (west)--that portion     Aug. 25-Feb. 28.
     lying west of a line extending
     from the Unit 25D boundary on
     Preacher Creek, then downstream
     along Preacher Creek, Birch
     Creek, and Lower Mouth of Birch
     Creek to the Yukon River, then
     downstream along the north bank
     of the Yukon River (including
     islands) to the confluence of
     the Hadweenzic River, then
     upstream along the west bank of
     the Hadweenzic 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 25D boundary--1 bull by a
     Federal registration permit.
     Permits will be available in
     the following villages: Beaver
     (25 permits), Birch Creek (10
     permits), and Stevens Village
     (25 permits). Permits for
     residents of 25D (west) who do
     not live in one of the three
     villages will be available by
     contacting the Yukon Flats
     National Wildlife Refuge Office
     in Fairbanks or a local Refuge
     Information Technician. Moose
     hunting on public land in Unit
     25D (west) is closed at all
     times except for residents of
     Unit 25D (west) hunting under
     these regulations. The moose
     season will be closed by
     announcement of the Refuge
     Manager Yukon Flats NWR when 60
     moose have been harvested in
     the entirety (from Federal and
     non-Federal lands) of Unit 25D
     (west).
    Unit 25D, remainder--1 antlered   Aug. 25-Oct. 1.
     moose.                           Dec. 1-20.
Beaver:
    Unit 25A, 25B, and 25D--1 beaver  Apr. 16-Oct. 31.
     per day; 1 in possession.
    Unit 25C........................  No open season.
Coyote: 10 coyotes..................  Aug. 10-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): No limit...........  July 1-June 30.
Lynx:
    Unit 25C--2 lynx................  Dec. 1-Jan. 31.
    Unit 25, remainder--2 lynx......  Nov. 1-Feb. 28.
Muskrat:
    Unit 25B and 25C, that portion    Nov. 1-June 10.
     within Yukon-Charley Rivers
     National Preserve--No limit.
    Unit 25, remainder..............  No open season.
Wolf:
    Unit 25A--No limit..............  Aug. 10-Apr. 30.
    Unit 25, remainder--10 wolves...  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..............  Sept. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-
 tailed):
    Unit 25C--15 per day, 30 in       Aug. 10-Mar. 31.
     possession.
    Unit 25, remainder--15 per day,   Aug. 10-Apr. 30.
     30 in possession.
Ptarmigan (Rock and Willow):
    Unit 25C--those portions within   Aug. 10-Mar. 31.
     5 miles of Route 6 (Steese
     Highway)--20 per day, 40 in
     possession.
    Unit 25, remainder--20 per day,   Aug. 10-Apr. 30.
     40 in possession.

              TRAPPING

Beaver:
    Unit 25C--No limit..............  Nov. 1-Apr. 15.
    Unit 25--remainder--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......................  Oct. 1-Apr. 30.
Wolverine:
    Unit 25C--No limit..............  Nov. 1-Feb. 28.
    Unit 25, remainder--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 26A 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 26B consists of that portion of Unit 26 east of Unit 26A,
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 26C consists of the remainder of Unit 26.

[[Page 327]]

    (ii) In the following areas, the taking of wildlife for subsistence
uses is prohibited or restricted on public land:
    (A) You may not use aircraft in any manner for moose hunting,
including transportation of moose hunters or parts of moose during the
periods July. 1-Sept. 14 and Jan. 1-Mar. 31 in Unit 26A; however, this
does not apply to transportation of moose hunters, their gear, or moose
parts by aircraft between publicly owned airports.
    (B) You may not use firearms, snowmobiles, licensed highway vehicles
or motorized vehicles, except aircraft and boats, in the Dalton Highway
Corridor Management Area, which consists of those portions of Units 20,
24, 25, and 26 extending 5 miles from each side of the Dalton Highway
from the Yukon River to milepost 300 of the Dalton Highway, except as
follows: Residents living within the Dalton Highway Corridor Management
Area may use snowmobiles only for the subsistence taking of wildlife.
You may use licensed highway vehicles only on designated roads within
the Dalton Highway Corridor Management Area. The residents of Alatna,
Allakaket, Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and
residents living within the Corridor may use firearms within the
Corridor only for subsistence taking of wildlife.
    (iii) You may not use aircraft in any manner for brown bear hunting,
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.
    (iv) Unit-specific regulations:
    (A) You may take caribou from a boat moving under power in Unit 26.
    (B) In addition to other restrictions on method of take found in
this section, you may also take swimming caribou 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
or musk ox 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.
    (D) For the DeLong Mountain sheep hunts--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
only one recipient in the course of a season and may have both his and
the recipient's harvest limits in his/her possession at the same time.

------------------------------------------------------------------------
            Harvest limits                        Open season
------------------------------------------------------------------------
               HUNTING

Black Bear: 3 bears..................  July 1-June 30.
Brown Bear:
    Unit 26A--1 bear by State          July 1-June 30.
     subsistence registration permit.
    Unit 26B--1 bear.................  Jan. 1-Dec. 31.
    Unit 26 C--1 bear................  Aug. 10-June 30.
Caribou:
    Unit 26A--10 caribou per day;      July 1-June 30.
     however, cow caribou may not be
     taken May 16-June 30.
    Unit 26B--10 caribou per day;      jULY 1-June 30.
     however, cow caribou may be
     taken only from Oct. 1-Apr. 30.
    Unit 26C--10 caribou per day.....  July 1-Apr. 30.
    (You may not transport more than
     5 caribou per regulatory year
     from Unit 26 except to the
     community of Anaktuvuk Pass.).
Sheep:
    Unit 26A and 26B--(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.

[[Page 328]]


    Unit 26A--(excluding Anaktuvuk     Aug. 1-Apr. 30.
     Pass residents)--those portions
     within the Gates of the Arctic
     National Park--3 sheep.
    Unit 26A--that portion west of     Aug. 10-April 30.
     Howard Pass and the Etivluk
     River (DeLong Mountains)--1
     sheep by Federal registration
     permit. The total allowable
     harvest of sheep for the DeLong
     Mountains is 8, of which 5 may
     be rams and 3 may be ewes. If
     the allowable harvest levels are
     reached before the regular
     season closing date, the
     Superintendent of the Western
     Arctic National Parklands will
     announce an early closure.
    Unit 26B--that portion within the  Aug. 10-Sept.20.
     Dalton Highway Corridor
     Management Area--1 ram with \7/
     8\ curl or larger horn by
     Federal registration permit only.
    Unit 26A, remainder and 26B,       Aug. 10-Sept. 20.
     remainder--including the Gates
     of the Arctic National Preserve--
     1 ram with \7/8\ curl or larger
     horn.
    Unit 26C--3 sheep per regulatory   Aug. 10-Sept.20.
     year; the Aug. 10-Sept. 20        Oct.1-Apr. 30.
     season is restricted to 1 ram
     with \7/8\ curl or larger horn.
     A Federal registration permit is
     required for the Oct. 1-Apr. 30
     season.
Moose:
    Unit 26A--that portion of the      Aug. 1-Sept. 14.
     Colville River drainage upstream
     from and including the Anaktuvuk
     River drainage--1 bull.
    Unit 26A--that portion of the      Feb. 15-Apr. 15.
     Colville River drainage upstream
     from and including the Anaktuvuk
     River drainage--1 moose;
     however, you may not take a calf
     or a cow accompanied by a calf.
    Unit 26A--that portion west of     July 1-Sept. 14.
     156[deg]00[min] W. longitude
     excluding the Colville River
     drainage--1 moose, however, you
     may not take a calf or a cow
     accompanied by a calf.
    Unit 26A, remainder--1 bull......  Aug. 1-Sept. 14.
    Unit 26B, excluding the Canning    Sept. 1-14.
     River drainage--1 bull.
    Units 26B, remainder and 26C--1    Jul. 1-Jun. 30.
     moose by Federal registration
     permit by residents of Kaktovik
     only. The harvest quota is 5
     moose. You may not take a cow
     accompanied by a calf in Unit
     26B. Only 5 Federal registration
     permits will be issued. Federal
     public lands are closed to the
     taking of moose except by a
     Kaktovik resident holding a
     Federal registration permit and
     hunting under these regulations.
Musk ox Unit 26C--1 bull by Federal    Jul. 15-Mar. 31.
 registration permit only. The number
 of permits that may be issued only
 to the residents of the village of
 Kaktovik will not exceed three
 percent (3%) of the number of musk
 oxen counted in Unit 26C during a
 pre-calving census. Public lands are
 closed to the taking of musk ox,
 except by rural Alaska residents of
 the village of Kaktovik hunting
 under these regulations
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):
    Units 26A and 26B--10 foxes;       Sept. 1-Mar. 15.
     however, no more than 2 foxes
     may be taken prior to Oct. 1.
    Unit 26C--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.
Ptarmigan (Rock and Willow): 20 per    Aug. 10-Apr. 30.
 day, 40 in possession.

               TRAPPING

Coyote: No limit.....................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase):    Nov. 1-Apr. 15.
 No 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. 30.
Wolverine: No limit..................  Nov. 1-Apr. 15.
------------------------------------------------------------------------


[79 FR 35243, June 19, 2014]



Sec. 242.27  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
    (2) You may take fish for subsistence uses at any time by any method
unless you are restricted by the subsistence fishing regulations found
in this section. The harvest limit specified in this section for a
subsistence season for a species and the State harvest limit set for a
State season for the same species are not cumulative, except as modified
by regulations in paragraph (e) of this section. This means that if you
have taken the harvest limit for a particular

[[Page 329]]

species under a subsistence season specified in this section, you may
not, after that, take any additional fish of that species under any
other harvest limit specified for a State season.
    (3) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts that have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
    (b) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit (as may be modified by regulations in this section), you
may use the following legal types of gear for subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;
    (xix) A rod and reel; and
    (xx) A spear.
    (2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of 6
inches in length. The opening must be laced, sewn, or secured together
by a single length of untreated, 100 percent cotton twine, no larger
than 30 thread. The cotton twine may be knotted at each end only. The
opening must be within 6 inches of the bottom of the pot and must be
parallel with it. The cotton twine may not be tied or looped around the
web bars. Dungeness crab pots may have the pot lid tie-down straps
secured to the pot at one end by a single loop of untreated, 100 percent
cotton twine no larger than 60 thread, or the pot lid must be secured so
that, when the twine degrades, the lid will no longer be securely
closed.
    (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish and
bottomfish pots may, instead of complying with paragraph (b)(2)(i) of
this section, satisfy the following: a sidewall, which may include the
tunnel, must contain an opening at least 18 inches in length, except
that shrimp pots must contain an opening at least 6 inches in length.
The opening must be laced, sewn, or secured together by a single length
of treated or untreated twine, no larger than 36 thread. A galvanic
timed-release device, designed to release in no more than 30 days in
saltwater, must be integral to the length of twine so that, when the
device releases, the twine will no longer secure or obstruct the opening
of the pot. The twine may be knotted only at each end and at the
attachment points on the galvanic timed-release device. The opening must
be within 6 inches of the bottom of the pot and must be parallel with
it. The twine may not be tied or looped around the web bars.
    (3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
    (4) Except as otherwise provided for in this section, you may not
obstruct more than one-half the width of any stream with any gear used
to take fish for subsistence uses.
    (5) You may not use live nonindigenous fish as bait.
    (6) You must have your first initial, last name, and address plainly
and legibly inscribed on the side of your fish wheel facing midstream of
the river.
    (7) You may use kegs or buoys of any color but red on any permitted
gear, except in the following areas where kegs or buoys of any color,
including red, may be used:
    (i) Yukon-Northern Area; and

[[Page 330]]

    (ii) Kuskokwim Area.
    (8) You must have your first initial, last name, and address plainly
and legibly inscribed on each keg, buoy, stakes attached to gillnets,
stakes identifying gear fished under the ice, and any other unattended
fishing gear which you use to take fish for subsistence uses.
    (9) You may not use explosives or chemicals to take fish for
subsistence uses.
    (10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
    (11) Transactions between rural residents. Rural residents may
exchange in customary trade subsistence-harvested fish, their parts, or
their eggs, legally taken under the regulations in this part, for cash
from other rural residents. The Board may recognize regional differences
and regulates customary trade differently for separate regions of the
State.
    (i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol Bay
Fishery Management Area and exchanged in customary trade to rural
residents may not exceed $500.00 annually.
    (ii) Upper Copper River District--The total number of salmon per
household taken within the Upper Copper River District and exchanged in
customary trade to rural residents may not exceed 50 percent of the
annual harvest of salmon by the household. No more than 50 percent of
the annual household limit may be sold under paragraphs (b)(11) and (12)
of this section when taken together. These customary trade sales must be
immediately recorded on a customary trade recordkeeping form. The
recording requirement and the responsibility to ensure the household
limit is not exceeded rests with the seller.
    (iii) Customary trade of Yukon River Chinook salmon may only occur
between Federally qualified rural residents with a current customary and
traditional use determination for Yukon River Chinook salmon.
    (12) Transactions between a rural resident and others. In customary
trade, a rural resident may exchange fish, their parts, or their eggs,
legally taken under the regulations in this part, for cash from
individuals other than rural residents if the individual who purchases
the fish, their parts, or their eggs uses them for personal or family
consumption. If you are not a rural resident, you may not sell fish,
their parts, or their eggs taken under the regulations in this part. The
Board may recognize regional differences and regulates customary trade
differently for separate regions of the State.
    (i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol Bay
Fishery Management Area and exchanged in customary trade between rural
residents and individuals other than rural residents may not exceed
$400.00 annually. These customary trade sales must be immediately
recorded on a customary trade recordkeeping form. The recording
requirement and the responsibility to ensure the household limit is not
exceeded rest with the seller.
    (ii) Upper Copper River District--The total cash value of salmon per
household taken within the Upper Copper River District and exchanged in
customary trade between rural residents and individuals other than rural
residents may not exceed $500.00 annually. No more than 50 percent of
the annual household limit may be sold under paragraphs (b)(11) and (12)
of this section when taken together. These customary trade sales must be
immediately recorded on a customary trade recordkeeping form. The
recording requirement and the responsibility to ensure the household
limit is not exceeded rest with the seller.
    (iii) Customary trade of Yukon River Chinook salmon may only occur
between Federally qualified rural residents with a current customary and
traditional use determination for Yukon River Chinook salmon.
    (13) No sale to, nor purchase by, fisheries businesses. (i) You may
not sell fish, their parts, or their eggs taken under the regulations in
this part to any individual, business, or organization required to be
licensed as a fisheries business under Alaska Statute AS 43.75.011
(commercial limited-entry

[[Page 331]]

permit or crew license holders excluded) or to any other business as
defined under Alaska Statute 43.70.110(1) as part of its business
transactions.
    (ii) If you are required to be licensed as a fisheries business
under Alaska Statute AS 43.75.011 (commercial limited-entry permit or
crew license holders excluded) or are a business as defined under Alaska
Statute 43.70.110(1), you may not purchase, receive, or sell fish, their
parts, or their eggs taken under the regulations in this part as part of
your business transactions.
    (14) Except as provided elsewhere in this section, you may not take
rainbow/steelhead trout.
    (15) You may not use fish taken for subsistence use or under
subsistence regulations in this part as bait for commercial or sport
fishing purposes.
    (16) Unless specified otherwise in this section, you may use a rod
and reel to take fish 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) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possession limits for taking
fish with a rod and reel in those areas are the same as indicated on the
permit issued for subsistence fishing with other gear types.
    (ii) Except as otherwise provided for in this section, if you are
not required to obtain a subsistence fishing permit for an area, the
harvest and possession limits for taking fish for subsistence uses with
a rod and reel are the same as for taking fish under State of Alaska
subsistence fishing regulations in those same areas. If the State does
not have a specific subsistence season and/or harvest limit for that
particular species, the limit shall be the same as for taking fish under
State of Alaska sport fishing regulations.
    (17) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
    (18) Provisions on ADF&G subsistence fishing permits that are more
restrictive or in conflict with the provisions contained in this section
do not apply to Federal subsistence users.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which harvest limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally taken
subsistence fish.
    (20) The taking of fish from waters within Federal jurisdiction is
authorized outside of published open seasons or harvest limits if the
harvested fish will be used for food in traditional or religious
ceremonies that are part of funerary or mortuary cycles, including
memorial potlatches, provided that:
    (i) Prior to attempting to take fish, the person (or designee) or
Tribal Government organizing the ceremony contacts the appropriate
Federal fisheries manager to provide the nature of the ceremony, the
parties and/or clans involved, the species and the number of fish to be
taken, and the Federal waters from which the harvest will occur;
    (ii) The taking does not violate recognized principles of fisheries
conservation, and uses the methods and means allowable for the
particular species published in the applicable Federal regulations (the
Federal fisheries manager will establish the number, species, or place
of taking if necessary for conservation purposes);
    (iii) Each person who takes fish under this section must, as soon as
practical, and not more than 15 days after the harvest, submit a written
report to the appropriate Federal fisheries manager, specifying the
harvester's name and address, the number and species of fish taken, and
the date and locations of the taking; and
    (iv) No permit is required for taking under this section; however,
the harvester must be eligible to harvest the resource under Federal
regulations.
    (c) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from

[[Page 332]]

your commercial catch consistent with paragraph (d) of this section.
    (2) If a subsistence fishing permit is required by this section, the
following permit conditions apply unless otherwise specified in this
section:
    (i) You may not take more fish for subsistence use than the limits
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-taken
fish;
    (iv) If specified on the permit, you must record, prior to leaving
the fishing site, daily records of the catch, showing the number of fish
taken by species, location and date of catch, and other such information
as may be required for management or conservation purposes; and
    (v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive a
subsistence permit for that activity during the following calendar year,
unless you demonstrate that failure to report was due to loss in the
mail, accident, sickness, or other unavoidable circumstances. You must
also return any tags or transmitters that have been attached to fish for
management and conservation purposes.
    (d) Relation to commercial fishing activities. (1) If you are a
Federally qualified subsistence user who also commercial fishes, you may
retain fish for subsistence purposes from your lawfully-taken commercial
catch.
    (2) When participating in a commercial and subsistence fishery at
the same time, you may not use an amount of combined fishing gear in
excess of that allowed under the appropriate commercial fishing
regulations.
    (e) Fishery management area restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip of
Cape Prince of Wales, including those waters draining into the Chukchi
Sea.
    (i) You may take fish for subsistence purposes without a permit.
    (ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
    (iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a stretched-mesh size larger than 7 inches.
    (iv) You may not obstruct more than one-half the width of a stream,
creek, or slough with any gear used to take fish for subsistence uses,
except from May 15 to July 15 and August 15 to October 31 when taking
whitefish or pike in streams, creeks, or sloughs within the Kobuk River
drainage and from May 15 to October 31 in the Selawik River drainage.
Only one gillnet 100 feet or less in length with a stretched-mesh size
from 2\1/2\ to 4\1/2\ inches may be used per site. You must check your
net at least once in every 24-hour period.
    (2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Point
Romanof, including those waters of Alaska surrounding St. Lawrence
Island and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish
at any time in the Port Clarence District.
    (ii) In the Norton Sound District, you may take fish at any time
except as follows:
    (A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the State commercial salmon fishing season, except that from July 15
through August 1, you may take salmon for subsistence purposes 7 days
per week in the Unalakleet and Shaktoolik River drainages with gillnets
which have a stretched-mesh size that does not exceed 4\1/2\ inches, and
with beach seines;
    (B) In the Unalakleet River from June 1 through July 15, you may
take salmon only from 8:00 a.m. Monday until 8:00 p.m. Saturday.
    (C) Federal public waters of the Unalakleet River, upstream from the
mouth of the Chirosky River, are closed to the taking of Chinook salmon

[[Page 333]]

from July 1 to July 31, by all users. The BLM field manager is
authorized to open the closed area to Federally qualified subsistence
users or to all users when run strength warrants.
    (iii) You may take salmon only by gillnets, beach seines, fish
wheel, or a rod and reel.
    (iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
    (v) In the Unalakleet River from June 1 through July 15, you may not
operate more than 25 fathoms of gillnet in the aggregate nor may you
operate an unanchored gillnet.
    (3) Yukon-Northern Area. The Yukon-Northern Area includes all waters
of Alaska between the latitude of Point Romanof and the latitude of the
westernmost point of the Naskonat Peninsula, including those waters
draining into the Bering Sea, and all waters of Alaska north of the
latitude of the westernmost tip of Point Hope and west of 141[deg] West
longitude, including those waters draining into the Arctic Ocean and the
Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take fish
in the Yukon-Northern Area at any time. In those locations where
subsistence fishing permits are required, only one subsistence fishing
permit will be issued to each household per year. You may subsistence
fish for salmon with rod and reel in the Yukon River drainage 24 hours
per day, 7 days per week, unless rod and reel are specifically otherwise
restricted in paragraph (e)(3) of this section.
    (ii) For the Yukon River drainage, Federal subsistence fishing
schedules, openings, closings, and fishing methods are the same as those
issued for the subsistence taking of fish under Alaska Statutes (AS
16.05.060), unless superseded by a Federal Special Action.
    (iii) In the following locations, you may take salmon during the
open weekly fishing periods of the State commercial salmon fishing
season and may not take them for 24 hours before the opening of the
State commercial salmon fishing season:
    (A) In District 4, excluding the Koyukuk River drainage;
    (B) In Subdistricts 4B and 4C from June 15 through September 30,
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
    (C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
    (iv) During any State commercial salmon fishing season closure of
greater than 5 days in duration, you may not take salmon during the
following periods in the following districts:
    (A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6:00 p.m. Friday until 6:00 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5D, salmon may not be taken from 6:00 p.m. Sunday until 6:00
p.m. Tuesday.
    (v) Except as provided in this section, and except as may be
provided by the terms of a subsistence fishing permit, you may take fish
other than salmon at any time.
    (vi) In Districts 1, 2, 3, and Subdistrict 4A, excluding the Koyukuk
and Innoko River drainages, you may not take salmon for subsistence
purposes during the 24 hours immediately before the opening of the State
commercial salmon fishing season.
    (vii) In Districts 1, 2, and 3:
    (A) After the opening of the State commercial salmon fishing season
through July 15, you may not take salmon for subsistence for 18 hours
immediately before, during, and for 12 hours after each State commercial
salmon fishing period;
    (B) After July 15, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period.
    (viii) In Subdistrict 4A after the opening of the State commercial
salmon fishing season, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period; however, you may take Chinook salmon
during the State commercial fishing season, with drift gillnet gear
only, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and

[[Page 334]]

from 6:00 p.m. Wednesday until 6:00 p.m. Friday.
    (ix) You may not subsistence fish in the following drainages located
north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks.
    (x) You may not subsistence fish in the Delta River.
    (xi) In Beaver Creek downstream from the confluence of Moose Creek,
a gillnet with mesh size not to exceed 3-inches stretch-measure may be
used from June 15 through September 15. You may subsistence fish for all
non-salmon species but may not target salmon during this time period
(retention of salmon taken incidentally to non-salmon directed fisheries
is allowed). From the mouth of Nome Creek downstream to the confluence
of Moose Creek, only rod and reel may be used. From the mouth of Nome
Creek downstream to the confluence of O'Brien Creek, the daily harvest
and possession limit is 5 grayling; from the mouth of O'Brien Creek
downstream to the confluence of Moose Creek, the daily harvest and
possession limit is 10 grayling. The Nome Creek drainage of Beaver Creek
is closed to subsistence fishing for grayling.
    (xii) You may not subsistence fish in the Toklat River drainage from
August 15 through May 15.
    (xiii) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel, subject to the restrictions set forth in this section.
    (A) In the Yukon River drainage, you may not take salmon for
subsistence fishing using gillnets with stretched mesh larger than 7.5
inches.
    (B) [Reserved]
    (xiv) In District 4, if you are a commercial fisherman, you may not
take salmon for subsistence purposes during the State commercial salmon
fishing season using gillnets with stretched-mesh larger than 6 inches
after a date specified by ADF&G emergency order issued between July 10
and July 31.
    (xv) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
    (A) In Subdistrict 4A upstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2;
    (B) In Subdistrict 4A downstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14;
    (C) In the Yukon River mainstem, Subdistricts 4B and 4C you may take
Chinook salmon during the weekly subsistence fishing opening(s) by drift
gillnets no more than 150 feet long and no more than 35 meshes deep,
from June 10 through July 14.
    (xvi) Unless otherwise specified in this section, you may take fish
other than salmon by set gillnet, drift gillnet, beach seine, fish
wheel, long line, fyke net, dip net, jigging gear, spear, lead, or rod
and reel, subject to the following restrictions, which also apply to
subsistence salmon fishing:
    (A) During the open weekly fishing periods of the State commercial
salmon fishing season, if you are a commercial fisherman, you may not
operate more than one type of gear at a time, for commercial, personal
use, and subsistence purposes.
    (B) You may not use an aggregate length of set gillnet in excess of
150 fathoms and each drift gillnet may not exceed 50 fathoms in length.
    (C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other operating commercial use, personal use, or
subsistence fishing gear except that, at the site approximately 1 mile
upstream from Ruby on the south bank of the Yukon River between ADF&G
regulatory markers containing the area known locally as the ``Slide,''
you may set subsistence fishing gear within 200 feet of other operating
commercial or subsistence fishing gear, and in District 4, from Old
Paradise Village upstream to a point 4 miles upstream from Anvik, there
is no minimum distance requirement between fish wheels.
    (D) During the State commercial salmon fishing season, within the
Yukon River and the Tanana River

[[Page 335]]

below the confluence of the Wood River, you may use drift gillnets and
fish wheels only during open subsistence salmon fishing periods.
    (E) In Birch Creek, gillnet mesh size may not exceed 3-inches
stretch-measure from June 15 through September 15.
    (xvii) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
    (xviii) You must possess a subsistence fishing permit for the
following locations:
    (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 upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
    (C) Only for salmon in the Tanana River drainage above the mouth of
the Wood River.
    (xix) Only one subsistence fishing permit will be issued to each
household per year.
    (xx) In Districts 1, 2, and 3, from June 1 through July 15, you may
not possess Chinook salmon taken for subsistence purposes unless both
tips (lobes) of the tail fin have been removed before the person
conceals the salmon from plain view or transfers the salmon from the
fishing site.
    (xxi) In the Yukon River drainage, Chinook salmon must be used
primarily for human consumption and may not be targeted for dog food.
Dried Chinook salmon may not be used for dog food anywhere in the Yukon
River drainage. Whole fish unfit for human consumption (due to disease,
deterioration, deformities), scraps, and small fish (16 inches or less)
may be fed to dogs. Also, whole Chinook salmon caught incidentally
during a subsistence chum salmon fishery in the following time periods
and locations may be fed to dogs:
    (A) After July 10 in the Koyukuk River drainage;
    (B) After August 10, in Subdistrict 5D, upstream of Circle City.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) For the Kuskokwim area, Federal subsistence fishing schedules,
openings, closings, and fishing methods are the same as those issued for
the subsistence taking of fish under Alaska Statutes (AS 16.05.060),
unless superseded by a Federal Special Action.
    (iii) In District 1, Kuskokuak Slough, from June 1 through July 31
only, you may not take salmon for 16 hours before and during each State
open commercial salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before or during, and for 6 hours after
each State open commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon by net gear or fish wheel for 16 hours before or
during, and for 6 hours after each open commercial salmon fishing period
in the district. You may subsistence fish for salmon with rod and reel
24 hours per day, 7 days per week, unless rod and reel are specifically
restricted by paragraph (e)(4) of this section.
    (vi) You may not take subsistence fish by nets in the Goodnews River
east of a line between ADF&G regulatory markers placed near the mouth of
the Ufigag River and an ADF&G regulatory marker placed near the mouth of
the Tunulik River 16 hours before or during, and for 6 hours after each
State open commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open commercial
salmon fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik River
upstream of ADF&G regulatory markers

[[Page 336]]

placed near the mouth 16 hours before or during, and for 6 hours after
each State open commercial salmon fishing period.
    (ix) You may only take salmon by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Kanektok, and
Arolik River drainages, and in the drainage of Goodnews Bay.
    (x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
    (xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, handline, or rod and reel.
    (xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
    (xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any part
of a set gillnet within 150 feet of any part of another set gillnet.
    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with 6-inch or smaller stretched-mesh may not be more
than 45 meshes in depth;
    (B) Gillnets with greater than 6-inch stretched-mesh may not be more
than 35 meshes in depth.
    (xv) You may not use subsistence set and drift gillnets exceeding 15
fathoms in length in Whitefish Lake in the Ophir Creek drainage. You may
not operate more than one subsistence set or drift gillnet at a time in
Whitefish Lake in the Ophir Creek drainage. You must check the net at
least once every 24 hours.
    (xvi) You may take rainbow trout only in accordance with the
following restrictions:
    (A) You may take rainbow trout only by the use of gillnets, dip
nets, fyke nets, handline, spear, rod and reel, or jigging through the
ice;
    (B) You may not use gillnets, dip nets, or fyke nets for targeting
rainbow trout from March 15 through June 15;
    (C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes;
    (D) There are no harvest limits with handline, spear, rod and reel,
or jigging.
    (5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay, including drainages enclosed by a line from Cape Newenham
to Cape Menshikof.
    (i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
    (ii) In all State commercial salmon districts, from May 1 through
May 31 and October 1 through October 31, you may subsistence fish for
salmon only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1
through September 30, within the waters of a commercial salmon district,
you may take salmon only during State open commercial salmon fishing
periods.
    (iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m.
July 17, you may take salmon only during the following times: from 9:00
a.m. Tuesday to 9:00 a.m. Wednesday and from 9:00 a.m. Saturday to 9:00
a.m. Sunday.
    (iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
    (v) You may not subsistence fish with nets in the Tazimina River and
within one-fourth mile of the terminus of those waters during the period
from September 1 through June 14.
    (vi) Within any district, you may take salmon, herring, and capelin
by set gillnets only.
    (vii) Outside the boundaries of any district, unless otherwise
specified, you may take salmon by set gillnet only.
    (A) You may also take salmon by spear in the Togiak River, excluding
its tributaries.
    (B) You may also use drift gillnets not greater than 10 fathoms in
length to take salmon in the Togiak River in the first two river miles
upstream from the mouth of the Togiak River to the ADF&G regulatory
markers.

[[Page 337]]

    (C) You may also take salmon without a permit in Lake Clark and its
tributaries by snagging (by handline or rod and reel), using a spear,
bow and arrow, or capturing by bare hand.
    (D) You may also take salmon by beach seines not exceeding 25
fathoms in length in Lake Clark, excluding its tributaries.
    (E) You may also take fish (except rainbow trout) with a fyke net
and lead in tributaries of Lake Clark and the tributaries of Sixmile
Lake within and adjacent to the exterior boundaries of Lake Clark
National Park and Preserve unless otherwise prohibited.
    (1) You may use a fyke net and lead only with a permit issued by the
Federal in-season manager.
    (2) All fyke nets and leads must be attended at all times while in
use.
    (3) All materials used to construct the fyke net and lead must be
made of wood and be removed from the water when the fyke net and lead is
no longer in use.
    (viii) The maximum lengths for set gillnets used to take salmon are
as follows:
    (A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik River;
    (B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
    (ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
    (x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
    (xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
    (xii) During State closed commercial herring fishing periods, you
may not use gillnets exceeding 25 fathoms in length for the subsistence
taking of herring or capelin.
    (xiii) You may take fish other than salmon, herring and capelin by
gear listed in this part unless restricted under the terms of a
subsistence fishing permit.
    (xiv) You may take salmon only under authority of a State
subsistence salmon permit (permits are issued by ADF&G) except when
using a Federal permit for fyke net and lead.
    (xv) Only one State subsistence fishing permit for salmon and one
Federal permit for use of a fyke net and lead for all fish (except
rainbow trout) may be issued to each household per year.
    (xvi) In the Togiak River section and the Togiak River drainage:
    (A) You may not possess coho salmon taken under the authority of a
subsistence fishing permit unless both lobes of the caudal fin (tail) or
the dorsal fin have been removed.
    (B) You may not possess salmon taken with a drift gillnet under the
authority of a subsistence fishing permit unless both lobes of the
caudal fin (tail) or the dorsal fin have been removed.
    (xvii) You may take rainbow trout only by rod and reel or jigging
gear. Rainbow trout daily harvest and possession limits are two per day/
two in possession with no size limit from April 10 through October 31
and five per day/five in possession with no size limit from November 1
through April 9.
    (xviii) If you take rainbow trout incidentally in other subsistence
net fisheries, or through the ice, you may retain them for subsistence
purposes.
    (6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef, east
of 172[deg] East longitude, and south of 54[deg]36[min] North latitude.
    (i) You may take fish other than salmon, rainbow/steelhead trout, or
char at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
    (ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December
31, except as may be specified on a subsistence fishing permit.

[[Page 338]]

    (iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
    (iv) You may not subsistence fish for salmon in the following
waters:
    (A) The waters of Unalaska Lake, its tributaries and outlet stream;
    (B) The waters of Summers and Morris Lakes and their tributaries and
outlet streams;
    (C) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point;
    (D) Waters of McLees Lake and its tributaries and outlet stream;
    (E) All fresh water on Adak Island and Kagalaska Island in the Adak
District.
    (v) You may take salmon by seine and gillnet, or with gear specified
on a subsistence fishing permit.
    (vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
    (vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take salmon, trout, and char only under the terms of
a subsistence fishing permit, except that you do not need a permit in
the Akutan, Umnak, and Atka-Amlia Islands Districts.
    (ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, except
that in the Unalaska and Adak Districts, you may take no more than 25
salmon plus an additional 25 salmon for each member of your household
listed on the permit. You may obtain an additional permit.
    (x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
    (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all
waters of Alaska on the north side of the Alaska peninsula southwest of
a line from Cape Menshikof (57[deg]28.34[min] North latitude,
157[deg]55.84[min] West longitude) to Cape Newenham (58[deg]39.00' North
latitude, 162[deg] West longitude) and east of the longitude of Cape
Sarichef Light (164[deg]55.70[min] West longitude) and on the south side
of the Alaska Peninsula from a line extending from Scotch Cape through
the easternmost tip of Ugamak Island to a line extending 135[deg]
southeast from Kupreanof Point (55[deg]33.98[min] North latitude,
159[deg]35.88[min] West longitude).
    (i) You may take fish, other than salmon, rainbow/steelhead trout,
or char, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
    (ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
    (iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
    (iv) You may take salmon at any time, except in those districts and
sections open to commercial salmon fishing where salmon may not be taken
during the 24 hours before and 12 hours following each State open weekly
commercial salmon fishing period, or as may be specified on a
subsistence fishing permit.
    (v) You may not subsistence fish for salmon in the following waters:
    (A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
    (B) Trout Creek and within 500 yards outside its mouth.
    (vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit. You may also take salmon
without a permit by snagging (by handline or rod and reel), using a
spear, bow and arrow, or capturing by bare hand.
    (vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may not use a set gillnet exceeding 100 fathoms in
length.
    (ix) You may take no more than 250 salmon for subsistence purposes
unless

[[Page 339]]

otherwise specified on your subsistence fishing permit.
    (8) Chignik Area. The Chignik Area includes all waters of Alaska on
the south side of the Alaska Peninsula bounded by a line extending
135[deg] southeast for 3 miles from a point near Kilokak Rocks at
57[deg]10.34[min] North latitude, 156[deg]20.22[min] West longitude (the
longitude of the southern entrance to Imuya Bay) then due south, and a
line extending 135[deg] southeast from Kupreanof Point at
55[deg]33.98[min] North latitude, 159[deg]35.88[min] West longitude.
    (i) You may take fish other than salmon, rainbow/steelhead trout, or
char at any time, except as may be specified by a subsistence fishing
permit. For salmon, Federal subsistence fishing openings, closings and
fishing methods are the same as those issued for the subsistence taking
of fish under Alaska Statutes (AS 16.05.060), unless superseded by a
Federal Special Action. Within the Chignik Area, depending upon the area
that you may fish, in addition to a State subsistence fishing permit,
you may be required to also have a Federal subsistence permit.
    If you take rainbow/steelhead trout incidentally in other
subsistence net fisheries, you may retain them for subsistence purposes.
    (ii) You may take salmon in the Chignik River, with rod and reel,
from a point 300 feet upstream of the ADF&G weir to Chignik Lake from
January 1 through August 9, with no daily harvest or possession limit
under the authority of a Federal subsistence fishing permit. You may
take salmon by gillnet in Black Lake or any tributary to Black or
Chignik Lakes with a Federal subsistence fishing permit. You may take
salmon in the waters of Clark River and Home Creek from their confluence
with Chignik Lake upstream 1 mile. In the open waters of Clark River and
Home Creek you may take salmon by snagging (handline or rod and reel),
spear, bow and arrow, or capture by hand without a permit. The daily
harvest and possession limits using these methods are five per day and
five in possession.
    (iii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit unless otherwise indicated in this
section or as noted in the permit conditions.
    (iv) You must keep a record on your permit of subsistence-caught
fish. You must complete the record immediately upon taking subsistence-
caught fish and must return it no later than the due date listed on the
permit.
    (v) If you hold a commercial fishing license, you may only
subsistence fish for salmon as specified on a subsistence fishing
permit.
    (vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake, you may not use purse seines. You may also take salmon without a
permit by snagging (by handline or rod and reel), using a spear, bow and
arrow, or capturing by bare hand.
    (vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit.
    (9) Kodiak Area. The Kodiak Area includes all waters of Alaska south
of a line extending east from Cape Douglas (58[deg]51.10[min] North
latitude), west of 150[deg] West longitude, north of 55[deg]30.00[min]
North latitude, and north and east of a line extending 135[deg]
southeast for three miles from a point near Kilokak Rocks at
57[deg]10.34[min] North latitude, 156[deg]20.22[min] West longitude (the
longitude of the southern entrance of Imuya Bay), then due south.
    (i) You may take fish other than salmon, rainbow/steelhead trout,
char, bottomfish, or herring at any time unless restricted by the terms
of a subsistence fishing permit. If you take rainbow/steelhead trout
incidentally in other subsistence net fisheries, you may retain them for
subsistence purposes.
    (ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
    (A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before or during, and
for 24 hours

[[Page 340]]

after any State open commercial salmon fishing period. The use of skiffs
from any type of vessel is allowed.
    (B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets, and you may have no other
type of salmon gear on board the vessel.
    (iii) You may not subsistence fish for salmon in the following
locations:
    (A) Womens Bay closed waters--All waters inside a line from the tip
of the Nyman Peninsula (57[deg]43.23[min] North latitude,
152[deg]31.51[min] West longitude), to the northeastern tip of Mary's
Island (57[deg]42.40[min] North latitude, 152[deg]32.00[min] West
longitude), to the southeastern shore of Womens Bay at 57[deg]41.95[min]
North latitude, 152[deg]31.50[min] West longitude.
    (B) Buskin River closed waters--All waters inside of a line running
from a marker on the bluff north of the mouth of the Buskin River at
approximately 57[deg]45.80[min] North latitude, 152[deg]28.38[min] West
longitude, to a point offshore at 57[deg]45.35[min] North latitude,
152[deg]28.15[min] West longitude, to a marker located onshore south of
the river mouth at approximately 57[deg]45.15[min] North latitude,
152[deg]28.65[min] West longitude.
    (C) All waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek.
    (D) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point.
    (E) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek.
    (F) All fresh water systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon,
trout, and char for subsistence purposes. You must have a subsistence
fishing permit for taking herring and bottomfish for subsistence
purposes during the State commercial herring sac roe season from April
15 through June 30.
    (v) The annual limit for a subsistence salmon fishing permit holder
is as follows:
    (A) In the Federal public waters of Kodiak Island, east of the line
from Crag Point south to the westernmost point of Saltery Cove,
including the waters of Woody and Long Islands, and the salt waters
bordering this area within 1 mile of Kodiak Island, excluding the waters
bordering Spruce Island, 25 salmon for the permit holder plus an
additional 25 salmon for each member of the same household whose names
are listed on the permit: an additional permit may be obtained upon
request.
    (B) In the remainder of the Kodiak Area not described in paragraph
(e)(9)(v)(A) of this section, there is no annual harvest limit for a
subsistence salmon fishing permit holder.
    (vi) You must record on your subsistence permit the number of
subsistence fish taken. You must record all harvested fish prior to
leaving the fishing site, and must return the permit by the due date
marked on permit.
    (vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take salmon only by gillnet, rod and reel, or seine.
    (ix) You must be physically present at the net when the net is being
fished.
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas
(58[deg]51.10[min] N. Lat.) and a line extending south from Cape
Fairfield (148[deg]50.25[min] W. Long.).
    (i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any time
in the Cook Inlet Area. If you take rainbow/steelhead trout incidentally
in subsistence net fisheries, you may retain them for subsistence
purposes, unless otherwise prohibited or provided for in this section.
With jigging gear through the ice or rod and reel gear in open waters
there is an annual limit of two rainbow/steelhead trout 20 inches or
longer, taken from Kenai Peninsula fresh waters.
    (ii) You may take fish by gear listed in this part unless restricted
in this section or under the terms of a subsistence fishing permit (as
may be modified by this section). For all fish that must be marked and
recorded on a permit in this section, they must be marked and recorded
prior to leaving the fishing site. The fishing site includes the
particular Federal public waters and/or adjacent shoreline from which
the fish were harvested.

[[Page 341]]

    (iii) You may not take grayling or burbot for subsistence purposes.
    (iv) You may take only salmon, trout, Dolly Varden, and other char
under authority of a Federal subsistence fishing permit. Seasons,
harvest and possession limits, and methods and means for take are the
same as for the taking of those species under Alaska sport fishing
regulations (5 AAC 56 and 5 AAC 57) unless modified herein. Additionally
for Federally managed waters of the Kasilof and Kenai River drainages:
    (A) Residents of Ninilchik may take sockeye, Chinook, coho, and pink
salmon through a dip net and a rod and reel fishery on the upper
mainstem of the Kasilof River from a Federal regulatory marker on the
river below the outlet of Tustumena Lake downstream to a marker on the
river approximately 2.8 miles below the Tustumena Lake boat ramp.
Residents using rod and reel gear may fish with up to two baited single
or treble hooks. Other species incidentally caught during the dip net
and rod and reel fishery may be retained for subsistence uses, including
up to 200 rainbow/steelhead trout taken through August 15. After 200
rainbow/steelhead trout have been taken in this fishery or after August
15, all rainbow/steelhead trout must be released unless otherwise
provided for in this section. Before leaving the fishing site, all
retained fish must be recorded on the permit and marked by removing the
dorsal fin. Harvests must be reported within 72 hours to the Federal
fisheries manager upon leaving the fishing site.
    (1) Fishing for sockeye and Chinook salmon will be allowed June 16-
August 15.
    (2) Fishing for coho and pink salmon will be allowed June 16-October
31.
    (3) Fishing for sockeye, Chinook, coho, or pink salmon will end
prior to regulatory end dates if the annual total harvest limit for that
species is reached or superseded by Federal special action.
    (4) Each household may harvest their annual sockeye, Chinook, coho,
or pink salmon limits in one or more days, and each household member may
fish with a dip net or a rod and reel during this time. Salmon taken in
the Kenai River system dip net and rod and reel fishery will be included
as part of each household's annual limit for the Kasilof River.
    (i) For sockeye salmon--annual total harvest limit of 4,000; annual
household limits of 25 for each permit holder and 5 additional for each
household member;
    (ii) For Chinook salmon--annual harvest limit of 500; annual
household limit of 10 for each permit holder and 2 additional for each
household member;
    (iii) For coho salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member; and
    (iv) For pink salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member.
    (B) In addition to the dip net and rod and reel fishery on the upper
mainstem of the Kasilof River described under paragraph (e)(10)(iv)(A)
of this section, residents of Ninilchik may also take coho and pink
salmon through a rod and reel fishery in Tustumena Lake. Before leaving
the fishing site, all retained salmon must be recorded on the permit and
marked by removing the dorsal fin. Seasons, areas, harvest and
possession limits, and methods and means for take are the same as for
the taking of these species under Alaska sport fishing regulations (5
AAC 56), except for the following methods and means, and harvest and
possession limits:
    (1) Fishing will be allowed with up to two baited single or treble
hooks.
    (2) For coho salmon 16 inches and longer, the daily harvest and
possession limits are four per day and four in possession.
    (3) For pink salmon 16 inches and longer, daily harvest and
possession limits are six per day and six in possession.
    (C) Resident fish species including lake trout, rainbow/steelhead
trout, and Dolly Varden/Arctic char may be harvested in Federally
managed waters of the Kasilof River drainage. Resident fish species
harvested in the Kasilof River drainage under the conditions of a
Federal subsistence permit must be

[[Page 342]]

marked by removing the dorsal fin immediately after harvest and recorded
on the permit prior to leaving the fishing site.
    (1) Lake trout may be harvested with rod and reel gear the entire
year. For fish 20 inches or longer, daily harvest and possession limits
are four per day and four in possession. For fish less than 20 inches,
daily harvest and possession limits are 15 per day and 15 in possession.
    (2) Dolly Varden/Arctic char may be harvested with rod and reel gear
the entire year. In flowing waters, daily harvest and possession limits
are four per day and four in possession. In lakes and ponds, daily
harvest and possession limits are 10 fish per day and 10 in possession.
    (3) Rainbow trout may be harvested with rod and reel gear the entire
year for fish less than 20 inches in length. In flowing waters, daily
harvest and possession limits are two per day and two in possession. In
lakes and ponds, daily harvest and possession limits are five per day
and five in possession.
    (4) You may fish in Tustumena Lake with a gillnet, no longer than 10
fathoms, fished under the ice or jigging gear used through the ice under
authority of a Federal subsistence fishing permit. The total annual
harvest quota for this fishery is 200 lake trout, 200 rainbow trout, and
500 Dolly Varden/Arctic char. The use of a gillnet will be prohibited by
special action after the harvest quota of any species has been met. For
the jig fishery, annual household limits are 30 fish in any combination
of lake trout, rainbow trout or Dolly Varden/Arctic char.
    (i) You may harvest fish under the ice only in Tustumena Lake.
Gillnets are not allowed within a \1/4\ mile radius of the mouth of any
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
    (ii) Permits will be issued by the Federal fisheries manager or
designated representative, and will be valid for the winter season,
unless the season is closed by special action.
    (iii) All harvests must be reported within 72 hours to the Federal
fisheries manager upon leaving the fishing site. Reported information
must include number of each species caught; number of each species
retained; length, depth (number of meshes deep) and mesh size of gillnet
fished; fishing site; and total hours fished. Harvest data on the permit
must be filled out before transporting fish from the fishing site.
    (iv) The gillnet must be checked at least once in every 48-hour
period.
    (v) For unattended gear, the permittee's name and address must be
plainly and legibly inscribed on a stake at one end of the gillnet.
    (vi) Incidentally caught fish may be retained and must be recorded
on the permit before transporting fish from the fishing site.
    (vii) Failure to return the completed harvest permit by May 31 may
result in issuance of a violation notice and/or denial of a future
subsistence permit.
    (D) Residents of Hope, Cooper Landing, and Ninilchik may take only
sockeye salmon through a dip net and a rod and reel fishery at one
specified site on the Russian River, and sockeye, late-run Chinook,
coho, and pink salmon through a dip net/rod and reel fishery at two
specified sites on the Kenai River below Skilak Lake and as provided in
this section. For Ninilchik residents, salmon taken in the Kasilof River
Federal subsistence fish wheel, and dip net/rod and reel fishery will be
included as part of each household's annual limit for the Kenai and
Russian Rivers' dip net and rod and reel fishery. For both Kenai River
fishing sites below Skilak Lake, incidentally caught fish may be
retained for subsistence uses, except for early-run Chinook salmon
(unless otherwise provided for), rainbow trout 18 inches or longer, and
Dolly Varden 18 inches or longer, which must be released. For the
Russian River fishing site, incidentally caught fish may be retained for
subsistence uses, except for early- and late-run Chinook salmon, coho
salmon, rainbow trout, and Dolly Varden, which must be released. Before
leaving the fishing site, all retained fish must be recorded on the
permit and marked by removing the dorsal fin. Harvests must be reported
within 72 hours to the Federal fisheries manager upon leaving the
fishing site, and permits must be returned to the manager by the due
date listed on the permit. Chum salmon that are retained are to be
included

[[Page 343]]

within the annual limit for sockeye salmon. Only residents of Cooper
Landing, Hope, and Ninilchik may retain incidentally caught resident
species.
    (1) The household dip net and rod and reel gear fishery is limited
to three sites:
    (i) At the Kenai River Moose Range Meadows site, dip netting is
allowed only from a boat from a Federal regulatory marker on the Kenai
River at about river mile 29 downstream approximately 2.5 miles to
another marker on the Kenai River at about river mile 26.5. Residents
using rod and reel gear at this fishery site may fish from boats or from
shore with up to two baited single or treble hooks June 15-August 31.
Seasonal riverbank closures and motor boat restrictions are the same as
those listed in State of Alaska fishing regulations (5 AAC 56 and 5 AAC
57 and 5 AAC 77.540).
    (ii) At the Kenai River Mile 48 site, dip netting is allowed while
either standing in the river or from a boat, from Federal regulatory
markers on both sides of the Kenai River at about river mile 48
(approximately 2 miles below the outlet of Skilak Lake) downstream
approximately 2.5 miles to a marker on the Kenai River at about river
mile 45.5. Residents using rod and reel gear at this fishery site may
fish from boats or from shore with up to two baited single or treble
hooks June 15-August 31. Seasonal riverbank closures and motor boat
restrictions are the same as those listed in State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.540).
    (iii) At the Russian River Falls site, dip netting is allowed from a
Federal regulatory marker near the upstream end of the fish ladder at
Russian River Falls downstream to a Federal regulatory marker
approximately 600 yards below Russian River Falls. Residents using rod
and reel gear at this fishery site may not fish with bait at any time.
    (2) Fishing seasons are as follows:
    (i) For sockeye salmon at all fishery sites: June 15-August 15;
    (ii) For late-run Chinook, pink, and coho salmon at both Kenai River
fishery sites only: July 16-September 30; and
    (iii) Fishing for sockeye, late-run Chinook, coho, or pink salmon
will close by special action prior to regulatory end dates if the annual
total harvest limit for that species is reached or superseded by Federal
special action.
    (3) Each household may harvest their annual sockeye, late-run
Chinook, coho, or pink salmon limits in one or more days, and each
household member may fish with a dip net or rod and reel during this
time. Salmon taken in the Kenai River system dip net and rod and reel
fishery by Ninilchik households will be included as part of those
household's annual limits for the Kasilof River.
    (i) For sockeye salmon--annual total harvest limit of 4,000
(including any retained chum salmon); annual household limits of 25 for
each permit holder and 5 additional for each household member;
    (ii) For late-run Chinook salmon--annual total harvest limit of
1,000; annual household limits of 10 for each permit holder and 2
additional for each household member;
    (iii) For coho salmon--annual total harvest limit of 3,000; annual
household limits of 20 for each permit holder and 5 additional for each
household member; and
    (iv) For pink salmon--annual total harvest limit of 2,000; annual
household limits of 15 for each permit holder and 5 additional for each
household member.
    (E) For Federally managed waters of the Kenai River and its
tributaries, in addition to the dip net and rod and reel fisheries on
the Kenai and Russian rivers described under paragraph (e)(10)(iv)(D) of
this section, residents of Hope, Cooper Landing, and Ninilchik may take
sockeye, Chinook, coho, pink, and chum salmon through a separate rod and
reel fishery in the Kenai River drainage. Before leaving the fishing
site, all retained fish must be recorded on the permit and marked by
removing the dorsal fin. Permits must be returned to the Federal
fisheries manager by the due date listed on the permit. Incidentally
caught fish, other than salmon, are subject to regulations found in
paragraphs (e)(10)(iv)(F) and (G) of this section. Seasons, areas
(including seasonal riverbank closures),

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harvest and possession limits, and methods and means (including motor
boat restrictions) for take are the same as for the taking of these
salmon species under State of Alaska fishing regulations (5 AAC 56, 5
AAC 57 and 5 AAC 77.54), except for the following harvest and possession
limits:
    (1) In the Kenai River below Skilak Lake, fishing is allowed with up
to two baited single or treble hooks June 15-August 31.
    (2) For early-run Chinook salmon less than 46 inches or 55 inches or
longer, daily harvest and possession limits are two per day and two in
possession.
    (3) For late-run Chinook salmon 20 inches and longer, daily harvest
and possession limits are two per day and two in possession.
    (4) Annual harvest limits for any combination of early- and late-run
Chinook salmon are four for each permit holder.
    (5) For other salmon 16 inches and longer, the combined daily
harvest and possession limits are six per day and six in possession, of
which no more than four per day and four in possession may be coho
salmon, except for the Sanctuary Area and Russian River, for which no
more than two per day and two in possession may be coho salmon.
    (F) For Federally managed waters of the Kenai River and its
tributaries below Skilak Lake outlet at river mile 50, residents of
Cooper Landing, Hope, and Ninilchik may take resident fish species
including lake trout, rainbow trout, and Dolly Varden/Arctic char with
jigging gear through the ice or rod and reel gear in open waters.
Resident fish species harvested in the Kenai River drainage under the
conditions of a Federal subsistence permit must be marked by removal of
the dorsal fin immediately after harvest and recorded on the permit
prior to leaving the fishing site. Seasons, areas (including seasonal
riverbank closures), harvest and possession limits, and methods and
means (including motor boat restrictions) for take are the same as for
the taking of these resident species under State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.54), except for the
following harvest and possession limits:
    (1) For lake trout 20 inches or longer, daily harvest and possession
limits are four per day and four in possession. For fish less than 20
inches, daily harvest and possession limits are 15 per day and 15 in
possession.
    (2) In flowing waters, daily harvest and possession limits for Dolly
Varden/Arctic char less than 18 inches in length are one per day and one
in possession. In lakes and ponds, daily harvest and possession limits
are two per day and two in possession. Only one of these fish can be 20
inches or longer.
    (3) In flowing waters, daily harvest and possession limits for
rainbow/steelhead trout are one per day and one in possession and must
be less than 18 inches in length. In lakes and ponds, daily harvest and
possession limits are two per day and two in possession of which only
one fish 20 inches or longer may be harvested daily.
    (G) For Federally managed waters of the upper Kenai River and its
tributaries above Skilak Lake outlet at river mile 50, residents of
Cooper Landing, Hope, and Ninilchik may take resident fish species
including lake trout, rainbow trout, and Dolly Varden/Arctic char with
jigging gear through the ice or rod and reel gear in open waters.
Resident fish species harvested in the Kenai River drainage under the
conditions of a Federal subsistence permit must be marked by removal of
the dorsal fin immediately after harvest and recorded on the permit
prior to leaving the fishing site. Seasons, areas (including seasonal
riverbank closures), harvest and possession limits, and methods and
means (including motor boat restrictions) for take are the same as for
the taking of these resident species under Alaska fishing regulations (5
AAC 56, 5 AAC 57, 5 AAC 77.54), except for the following harvest and
possession limits:
    (1) For lake trout 20 inches or longer, daily harvest and possession
limits are four per day and four in possession. For fish less than 20
inches, daily harvest and possession limits are 15 fish per day and 15
in possession. For Hidden Lake, daily harvest and possession limits are
two per day and two in possession regardless of size.
    (2) In flowing waters, daily harvest and possession limits for Dolly
Varden/

[[Page 345]]

Arctic char less than 16 inches are one per day and one in possession.
In lakes and ponds, daily harvest and possession limits are two per day
and two in possession of which only one fish 20 inches or longer may be
harvested daily.
    (3) In flowing waters, daily harvest and possession limits for
rainbow/steelhead trout are one per day and one in possession and it
must be less than 16 inches in length. In lakes and ponds, daily harvest
and possession limits are two per day and two in possession of which
only one fish 20 inches or longer may be harvested daily.
    (H) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel fishery in the Federal public waters of
the upper mainstem of the Kasilof River. Residents of Ninilchik may
retain other species incidentally caught in the Kasilof River except for
rainbow/steelhead trout, which must be released and returned unharmed to
the water.
    (1) Only one fish wheel can be operated on the Kasilof River. The
fish wheel must have a live box, must be monitored when fishing, must be
stopped from fishing when it is not being monitored or used, and must be
installed and operated in compliance with any regulations and
restrictions for its use within the Kenai National Wildlife Refuge.
    (2) One registration permit will be available and will be awarded by
the Federal in-season fishery manager, in consultation with the Kenai
National Wildlife Refuge manager, based on the merits of the operation
plan. The registration permit will be issued to an organization that, as
the fish wheel owner, will be responsible for its construction,
installation, operation, use, and removal in consultation with the
Federal fishery manager. The owner may not rent or lease the fish wheel
for personal gain. As part of the permit, the organization must:
    (i) Prior to the season, provide a written operation plan to the
Federal fishery manager including a description of how fishing time and
fish will be offered and distributed among households and residents of
Ninilchik;
    (ii) During the season, mark the fish wheel with a wood, metal, or
plastic plate at least 12 inches high by 12 inches wide that is
permanently affixed and plainly visible, and that contains the following
information in letters and numerals at least 1 inch high: registration
permit number; organization's name and address; and primary contact
person name and telephone number;
    (iii) After the season, provide written documentation of required
evaluation information to the Federal fishery manager including, but not
limited to, person or households operating the gear, hours of operation,
and number of each species caught and retained or released.
    (3) People operating the fish wheel must:
    (i) Have a valid Federal subsistence fishing permit in their
possession;
    (ii) If they are not the fish wheel owner, attach an additional
wood, metal, or plastic plate at least 12 inches high by 12 inches wide
to the fish wheel that is plainly visible, and that contains their
fishing permit number, name, and address in letters and numerals at
least 1 inch high;
    (iii) Remain on site to monitor the fish wheel and remove all fish
at least every hour;
    (iv) Before leaving the site, mark all retained fish by removing
their dorsal fin and record all retained fish on their fishing permit;
and
    (v) Within 72 hours of leaving the site, report their harvest to the
Federal fisheries manager.
    (4) The fish wheel owner (organization) may operate the fish wheel
for subsistence purposes on behalf of residents of Ninilchik by
requesting a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for operating the
fish wheel;
    (ii) Includes provisions for recording daily catches, the household
to whom the catch was given, and other information determined to be
necessary for effective resource management by the Federal fishery
manager.
    (5) Fishing will be allowed from June 16 through October 31 on the
Kasilof River unless closed or otherwise restricted by Federal special
action.
    (6) Salmon taken in the fish wheel fishery will be included as part
of dip net/rod and reel fishery annual total

[[Page 346]]

harvest limits for the Kasilof River and as part of dip net/rod and reel
household annual limits of participating households.
    (7) Fishing for each salmon species will end and the fishery will be
closed by Federal special action prior to regulatory end dates if the
annual total harvest limit for that species is reached or superseded by
Federal special action.
    (8) You may take smelt with dip nets in fresh water only from April
1-June 15. There are no harvest or possession limits for smelt.
    (9) Gillnets may not be used in fresh water, except for the taking
of whitefish in the Tyone River drainage and as otherwise provided for
in this Cook Inlet section.
    (11) Prince William Sound Area. The Prince William Sound Area
includes all waters and drainages of Alaska between the longitude of
Cape Fairfield and the longitude of Cape Suckling.
    (i) You may take fish, other than rainbow/steelhead trout, in the
Prince William Sound Area only under authority of a subsistence fishing
permit, except that a permit is not required to take eulachon. You make
not take rainbow/steelhead trout, except as otherwise provided for in
paragraph (e)(11) of this section.
    (A) In the Prince William Sound Area within Chugach National Forest
and in the Copper River drainage downstream of Haley Creek you may
accumulate Federal subsistence fishing harvest limits with harvest
limits under State of Alaska sport fishing regulations provided that
accumulation of fishing harvest limits does not occur during the same
day.
    (B) You may accumulate harvest limits of salmon authorized for the
Copper River drainage upstream from Haley Creek with harvest limits for
salmon authorized under State of Alaska sport fishing regulations.
    (ii) You may take fish by gear listed in paragraph (b)(1) of this
section unless restricted in this section or under the terms of a
subsistence fishing permit.
    (iii) If you catch rainbow/steelhead trout incidentally in other
subsistence net fisheries, you may retain them for subsistence purposes,
unless restricted in this section.
    (iv) In the Copper River drainage, you may take salmon only in the
waters of the Upper Copper River District, or in the vicinity of the
Native Village of Batzulnetas.
    (v) In the Upper Copper River District, you may take salmon only by
fish wheels, rod and reel, or dip nets.
    (vi) Rainbow/steelhead trout and other freshwater fish caught
incidentally to salmon by fish wheel in the Upper Copper River District
may be retained.
    (vii) Freshwater fish other than rainbow/steelhead trout caught
incidentally to salmon by dip net in the Upper Copper River District may
be retained. Rainbow/steelhead trout caught incidentally to salmon by
dip net in the Upper Copper River District must be released unharmed to
the water.
    (viii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fish wheel, unless the
anal fin has been immediately removed from the fish. You must
immediately record all retained fish on the subsistence permit.
Immediately means prior to concealing the fish from plain view or
transporting the fish more than 50 feet from where the fish was removed
from the water.
    (ix) You may take salmon in the Upper Copper River District from May
15 through September 30 only.
    (x) The total annual harvest limit for subsistence salmon fishing
permits in combination for the Glennallen Subdistrict and the Chitina
Subdistrict is as follows:
    (A) For a household with 1 person, 30 salmon, of which no more than
5 may be Chinook salmon taken by dip net and no more than 5 Chinook
taken by rod and reel;
    (B) For a household with 2 persons, 60 salmon, of which no more than
5 may be Chinook salmon taken by dip net and no more than 5 Chinook
taken by rod and reel, plus 10 salmon for each additional person in a
household over 2 persons, except that the household's limit for Chinook
salmon taken by dip net or rod and reel does not increase;

[[Page 347]]

    (C) Upon request, permits for additional salmon will be issued for
no more than a total of 200 salmon for a permit issued to a household
with 1 person, of which no more than 5 may be Chinook salmon taken by
dip net and no more than 5 Chinook taken by rod and reel, or no more
than a total of 500 salmon for a permit issued to a household with 2 or
more persons, of which no more than 5 may be Chinook salmon taken by dip
net and no more than 5 Chinook taken by rod and reel.
    (xi) The following apply to Upper Copper River District subsistence
salmon fishing permits:
    (A) Only one subsistence fishing permit per subdistrict will be
issued to each household per year. If a household has been issued
permits for both subdistricts in the same year, both permits must be in
your possession and readily available for inspection while fishing or
transporting subsistence-taken fish in either subdistrict. A qualified
household may also be issued a Batzulnetas salmon fishery permit in the
same year;
    (B) Multiple types of gear may be specified on a permit, although
only one unit of gear may be operated at any one time;
    (C) You must return your permit no later than October 31 of the year
in which the permit is issued, or you may be denied a permit for the
following year;
    (D) A fish wheel may be operated only by one permit holder at one
time; that permit holder must have the fish wheel marked as required by
paragraph (e)(11) of this section and during fishing operations;
    (E) Only the permit holder and the authorized member(s) of the
household listed on the subsistence permit may take salmon;
    (F) You must personally operate your fish wheel or dip net;
    (G) You may not loan or transfer a subsistence fish wheel or dip net
permit except as permitted.
    (xii) If you are a fish wheel owner:
    (A) You must register your fish wheel with ADF&G or the Federal
Subsistence Board;
    (B) Your registration number and a wood, metal, or plastic plate at
least 12 inches high by 12 inches wide bearing either your name and
address, or your Alaska driver's license number, or your Alaska State
identification card number in letters and numerals at least 1 inch high,
must be permanently affixed and plainly visible on the fish wheel when
the fish wheel is in the water;
    (C) Only the current year's registration number may be affixed to
the fish wheel; you must remove any other registration number from the
fish wheel;
    (D) You must check your fish wheel at least once every 10 hours and
remove all fish;
    (E) You are responsible for the fish wheel; you must remove the fish
wheel from the water at the end of the permit period;
    (F) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain.
    (xiii) If you are operating a fish wheel:
    (A) You may operate only one fish wheel at any one time;
    (B) You may not set or operate a fish wheel within 75 feet of
another fish wheel;
    (C) No fish wheel may have more than two baskets;
    (D) If you are a permittee other than the owner, you must attach an
additional wood, metal, or plastic plate at least 12 inches high by 12
inches wide, bearing your name and address in letters and numerals at
least 1 inch high, to the fish wheel so that the name and address are
plainly visible.
    (xiv) A subsistence fishing permit may be issued to a village
council, or other similarly qualified organization whose members operate
fish wheels for subsistence purposes in the Upper Copper River District,
to operate fish wheels on behalf of members of its village or
organization. The following additional provisions apply to subsistence
fishing permits issued under this paragraph (e)(11)(xiv) of this
section:
    (A) The permit will list all households and household members for
whom the fish wheel is being operated. The permit will identify a person
who will be responsible for each fish wheel in a similar manner to a
fish wheel owner as described in paragraph (e)(11)(xii) of this section;
    (B) The allowable harvest may not exceed the combined seasonal
limits

[[Page 348]]

for the households listed on the permit; the permittee will notify the
ADF&G or Federal Subsistence Board when households are added to the
list, and the seasonal limit may be adjusted accordingly;
    (C) Members of households listed on a permit issued to a village
council or other similarly qualified organization are not eligible for a
separate household subsistence fishing permit for the Upper Copper River
District;
    (D) The permit will include provisions for recording daily catches
for each fish wheel; location and number of fish wheels; full legal name
of the individual responsible for the lawful operation of each fish
wheel as described in paragraph (e)(11)(xii) of this section; and other
information determined to be necessary for effective resource
management.
    (xv) You may take salmon in the vicinity of the former Native
village of Batzulnetas only under the authority of a Batzulnetas
subsistence salmon fishing permit available from the National Park
Service under the following conditions:
    (A) You may take salmon only in those waters of the Copper River
between National Park Service regulatory markers located near the mouth
of Tanada Creek and approximately one-half mile downstream from that
mouth and in Tanada Creek between National Park Service regulatory
markers identifying the open waters of the creek;
    (B) You may use only fish wheels, dip nets, and rod and reel on the
Copper River and only dip nets, spears, fyke nets, and rod and reel in
Tanada Creek. One fyke net and associated lead may be used in Tanada
Creek upstream of the National Park Service weir;
    (C) You may take salmon only from May 15 through September 30 or
until the season is closed by special action;
    (D) You may retain Chinook salmon taken in a fish wheel in the
Copper River. You must return to the water unharmed any Chinook salmon
caught in Tanada Creek;
    (E) You must return the permit to the National Park Service no later
than October 15 of the year the permit was issued;
    (F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek
with a fyke net;
    (xvi) You may take pink salmon for subsistence purposes from fresh
water with a dip net from May 15 through September 30, 7 days per week,
with no harvest or possession limits in the following areas:
    (A) Green Island, Knight Island, Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche Island, and adjacent islands,
and the mainland waters from the outer point of Granite Bay located in
Knight Island Passage to Cape Fairfield;
    (B) Waters north of a line from Porcupine Point to Granite Point,
and south of a line from Point Lowe to Tongue Point.
    (12) Yakutat Area. The Yakutat Area includes all waters and
drainages of Alaska between the longitude of Cape Suckling and the
longitude of Cape Fairweather.
    (i) Unless restricted in this section or unless restricted under the
terms of a subsistence fishing permit, you may take fish at any time in
the Yakutat Area.
    (ii) You may take salmon, trout (other than steelhead), and char
only under authority of a subsistence fishing permit. You may take
steelhead trout only in the Situk and Ahrnklin Rivers and only under
authority of a Federal subsistence fishing permit.
    (iii) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you may
retain them for subsistence purposes. You must report any salmon, trout,
or char taken in this manner on your permit calendar.
    (iv) You may take fish by gear listed in this part unless restricted
in this section or under the terms of a subsistence fishing permit. In
areas where use of rod and reel is allowed, you may use artificial fly,
lure, or bait when fishing with rod and reel, unless restricted by
Federal permit. If you use bait, you must retain all Federally regulated
fish species caught, and they apply to

[[Page 349]]

your applicable daily and annual harvest limits for that species. For
streams with steelhead, once your daily or annual limit of steelhead is
harvested, you may no longer fish with bait for any species.
    (v) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gillnet at all times when it is being
used to take salmon.
    (vi) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
    (vii) You must immediately remove both lobes of the caudal (tail)
fin from subsistence-caught salmon when taken.
    (viii) You may not possess subsistence-taken and sport-taken salmon
on the same day.
    (ix) You must possess a subsistence fishing permit to take Dolly
Varden. The daily harvest and possession limit is 10 Dolly Varden of any
size.
    (13) Southeastern Alaska Area. The Southeastern Alaska Area includes
all waters between a line projecting southwest from the westernmost tip
of Cape Fairweather and Dixon Entrance.
    (i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish other than salmon, trout,
grayling, and char in the Southeastern Alaska Area at any time.
    (ii) You must possess a subsistence fishing permit to take salmon,
trout, grayling, or char. You must possess a subsistence fishing permit
to take eulachon from any freshwater stream flowing into fishing
District 1.
    (iii) In the Southeastern Alaska Area, a rainbow trout is defined as
a fish of the species Oncorhyncus mykiss less than 22 inches in overall
length. A steelhead is defined as a rainbow trout with an overall length
of 22 inches or larger.
    (iv) In areas where use of rod and reel is allowed, you may use
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
Federally regulated fish species caught, and they apply to your
applicable daily, seasonal, and annual harvest limits for that species.
    (A) For streams with steelhead, once your daily, seasonal, or annual
limit of steelhead is harvested, you may no longer fish with bait for
any species.
    (B) Unless otherwise specified in this paragraph (e)(13) of this
section, allowable gear for salmon or steelhead is restricted to gaffs,
spears, gillnets, seines, dip nets, cast nets, handlines, or rod and
reel.
    (v) Unless otherwise specified in this paragraph (e)(13) of this
section, you may use a handline for snagging salmon or steelhead.
    (vi) You may fish with a rod and reel within 300 feet of a fish
ladder unless the site is otherwise posted by the USDA Forest Service.
You may not fish from, on, or in a fish ladder.
    (vii) You may not accumulate Federal subsistence harvest limits
authorized for the Southeastern Alaska Area with any harvest limits
authorized under any State of Alaska fishery with the following
exception: Annual or seasonal Federal subsistence harvest limits may be
accumulated with State sport fishing harvest limits provided that
accumulation of harvest limits does not occur during the same day.
    (viii) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your subsistence fishing permit.
    (ix) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems within the city
limits of Petersburg, Wrangell, and Sitka.
    (x) You may not possess subsistence-taken and sport-taken fish of a
given species on the same day.
    (xi) If a harvest limit is not otherwise listed for sockeye in
paragraph (e)(13) of this section, the harvest limit for sockeye salmon
is the same as provided for in adjacent State subsistence or personal
use fisheries. If a harvest limit is not established for the State
subsistence or personal use fisheries, the possession limit is 10
sockeye and the annual harvest limit is 20 sockeye per household for
that stream.
    (xii) The Sarkar River system above the bridge is closed to the use
of all nets by both Federally qualified and non-Federally qualified
users.

[[Page 350]]

    (xiii) You may take Chinook, sockeye, and coho salmon in the
mainstem of the Stikine River only under the authority of a Federal
subsistence fishing permit. Each Stikine River permit will be issued to
a household. Only dip nets, spears, gaffs, rod and reel, beach seine, or
gillnets not exceeding 15 fathoms in length may be used. The maximum
gillnet mesh size is 5\1/2\ inches, except during the Chinook season
when the maximum gillnet mesh size is 8 inches.
    (A) You may take Chinook salmon from May 15 through June 20. The
annual limit is 5 Chinook salmon per household.
    (B) You may take sockeye salmon from June 21 through July 31. The
annual limit is 40 sockeye salmon per household.
    (C) You may take coho salmon from August 1 through October 1. The
annual limit is 20 coho salmon per household.
    (D) You may retain other salmon taken incidentally by gear operated
under terms of this permit. The incidentally taken salmon must be
reported on your permit calendar.
    (E) The total annual guideline harvest level for the Stikine River
fishery is 125 Chinook, 600 sockeye, and 400 coho salmon. All salmon
harvested, including incidentally taken salmon, will count against the
guideline for that species.
    (xiv) You may take coho salmon with a Federal salmon fishing permit.
There is no closed season. The daily harvest limit is 20 coho salmon per
household. Only dip nets, spears, gaffs, handlines, and rod and reel may
be used. There are specific rules to harvest any salmon on the Stikine
River, and you must have a separate Stikine River subsistence salmon
fishing permit to take salmon on the Stikine River.
    (xv) Unless noted on a Federal subsistence harvest permit, there are
no harvest limits for pink or chum salmon.
    (xvi) Unless otherwise specified in paragraph (e)(13) of this
section, you may take steelhead under the terms of a subsistence fishing
permit. The open season is January 1 through May 31. The daily household
harvest and possession limit is one with an annual household limit of
two. You may only use a dip net, gaff, handline, spear, or rod and reel.
The permit conditions and systems to receive special protection will be
determined by the local Federal fisheries manager in consultation with
ADF&G.
    (xvii) You may take steelhead trout on Prince of Wales and Kosciusko
Islands under the terms of Federal subsistence fishing permits. You must
obtain a separate permit for the winter and spring seasons.
    (A) The winter season is December 1 through the last day of
February, with a harvest limit of two fish per household, however, only
1 steelhead may be harvested by a household from a particular drainage.
You may use only a dip net, handline, spear, or rod and reel. You must
return your winter season permit within 15 days of the close of the
season and before receiving another permit for a Prince of Wales/
Kosciusko steelhead subsistence fishery. The permit conditions and
systems to receive special protection will be determined by the local
Federal fisheries manager in consultation with ADF&G.
    (B) The spring season is March 1 through May 31, with a harvest
limit of five fish per household, however, only 2 steelhead may be
harvested by a household from a particular drainage. You may use only a
dip net, handline, spear, or rod and reel. You must return your spring
season permit within 15 days of the close of the season and before
receiving another permit for a Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit conditions and systems to receive
special protection will be determined by the local Federal fisheries
manager in consultation with ADF&G.
    (xviii) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
    (A) The daily household harvest and possession limit is 20 Dolly
Varden; there is no closed season or size limit;
    (B) The daily household harvest and possession limit is 20 brook
trout; there is no closed season or size limit;
    (C) The daily household harvest and possession limit is 20 grayling;
there is no closed season or size limit;

[[Page 351]]

    (D) The daily household harvest limit is 6 and the household
possession limit is 12 cutthroat or rainbow trout in combination; there
is no closed season or size limit;
    (E) You may only use a rod and reel;
    (F) The permit conditions and systems to receive special protection
will be determined by the local Federal fisheries manager in
consultation with ADF&G.
    (xix) There is no subsistence fishery for any salmon on the Taku
River.

[78 FR 19112, Mar. 29, 2013]



Sec. 242.28  Subsistence taking of shellfish.

    (a) Covered species(1) Regulations in this section apply to
subsistence taking of Dungeness crab, king crab, Tanner crab, shrimp,
clams, abalone, and other shellfish or their parts.
    (2) You may take shellfish for subsistence uses at any time in any
area of the public lands by any method unless restricted by this
section.
    (b) Methods, means, and general restrictions. (1) The harvest limit
specified in this section for a subsistence season for a species and the
State harvest limit set for a State season for the same species are not
cumulative. This means that if you have taken the harvest limit for a
particular species under a subsistence season specified in this section,
you may not, after that, take any additional shellfish of that species
under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section or under terms of a
required subsistence fishing permit (as may be modified by this
section), you may use the following legal types of gear to take
shellfish:
    (i) Abalone iron;
    (ii) Diving gear;
    (iii) A grappling hook;
    (iv) A handline;
    (v) A hydraulic clam digger;
    (vi) A mechanical clam digger;
    (vii) A pot;
    (viii) A ring net;
    (ix) A scallop dredge;
    (x) A sea urchin rake;
    (xi) A shovel; and
    (xii) A trawl.
    (3) You are prohibited from buying or selling subsistence-taken
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may
use chemical baits or lures to attract shellfish.
    (5) Marking requirements for subsistence shellfish gear are as
follows:
    (i) You must plainly and legibly inscribe your first initial, last
name, and address on a keg or buoy attached to unattended subsistence
fishing gear, except when fishing through the ice, when you may
substitute for the keg or buoy a stake inscribed with your first
initial, last name, and address inserted in the ice near the hole;
subsistence fishing gear may not display a permanent ADF&G vessel
license number;
    (ii) Kegs or buoys attached to subsistence crab pots also must be
inscribed with the name or United States Coast Guard number of the
vessel used to operate the pots.
    (6) Pots used for subsistence fishing must comply with the escape
mechanism requirements found in Sec. 100.27(b)(2).
    (7) You may not 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.
    (c) Taking shellfish by designated harvest permit. (1) Any species
of shellfish that may be taken by subsistence fishing under this part
may be taken under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user (beneficiary),
you may designate another Federally-qualified subsistence user to take
shellfish on your behalf. The designated fisherman must obtain a
designated harvest permit prior to attempting to harvest shellfish and
must return a completed harvest report. The designated fisherman may
harvest for any number of beneficiaries but may have no more than two
harvest limits in his/her possession at any one time.
    (3) The designated fisherman must have in possession a valid
designated harvest permit when taking, attempting to take, or
transporting shellfish taken under this section, on behalf of a
beneficiary.

[[Page 352]]

    (4) You may not fish with more than one legal limit of gear as
established by this section.
    (5) You may not designate more than one person to take or attempt to
take shellfish on your behalf at one time. You may not personally take
or attempt to take shellfish at the same time that a designated
fisherman is taking or attempting to take shellfish on your behalf.
    (d) Permit requirements. If a subsistence shellfish permit is
required by this section, the following conditions apply unless
otherwise specified by the subsistence regulations in this section:
    (1) You may not take shellfish for subsistence in excess of the
limits set out in the permit unless a different limit is specified in
this section.
    (2) You must obtain a permit prior to subsistence fishing.
    (3) You must have the permit in your possession and readily
available for inspection while taking or transporting the species for
which the permit is issued.
    (4) The permit may designate the species and numbers of shellfish to
be harvested, time and area of fishing, the type and amount of fishing
gear and other conditions necessary for management or conservation
purposes.
    (5) If specified on the permit, you must keep accurate daily records
of the catch involved, showing the number of shellfish taken by species,
location and date of the catch, and such other information as may be
required for management or conservation purposes.
    (6) You must complete and submit subsistence fishing reports at the
time specified for each particular area and fishery.
    (7) If the return of catch information necessary for management and
conservation purposes is required by a subsistence fishing permit and
you fail to comply with such reporting requirements, you are ineligible
to receive a subsistence permit for that activity during the following
calendar year, unless you demonstrate that failure to report was due to
loss in the mail, accident, sickness, or other unavoidable
circumstances.
    (e) 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
and ending 14 days after the closure of a respective open season in the
area or areas for which the vessel is registered. However, if you are a
commercial fisherman, you may retain shellfish for your own use from
your lawfully taken commercial catch.
    (f) Size restrictions. You may not take or possess shellfish smaller
than the minimum legal size limits.
    (g) Unlawful possession of subsistence shellfish. You may not
possess, transport, give, receive, or barter shellfish or their parts
taken in violation of Federal or State regulations.
    (h) Charter and related operations. (1) An owner, operator, or
employee of a lodge, charter vessel, or other enterprise that furnishes
food, lodging, or guide services may not furnish to a client or guest of
that enterprise, shellfish that has been taken under this section,
unless:
    (i) The shellfish has been taken with gear deployed and retrieved by
the client or guest who is a Federally qualified subsistence user;
    (ii) The gear has been marked with the client's or guest's name and
address; and
    (iii) The shellfish is to be consumed by the client or guest or is
consumed in the presence of the client or guest.
    (2) The captain and crewmembers of a charter vessel may not deploy,
set, or retrieve their own gear in a subsistence shellfish fishery when
that vessel is being chartered.
    (i) Subsistence shellfish areas and pertinent restrictions--(1)
Southeastern Alaska--Yakutat Area. No marine waters are currently
identified under Federal subsistence management jurisdiction, except the
marine waters occurring in the vicinity of Makhnati Island as described
in Sec. 242.3(b)(5) of these regulations.
    (2) Prince William Sound Area. No marine waters are currently
identified under Federal subsistence management jurisdiction.
    (3) Cook Inlet Area. (i) You may take shellfish for subsistence
purposes only as allowed in paragraph (i)(3) of this section.

[[Page 353]]

    (ii) You may not take king crab, Dungeness crab, or shrimp for
subsistence purposes.
    (iii) In the subsistence taking of Tanner crab:
    (A) Male Tanner crab may be taken only from July 15 through March
15;
    (B) The daily harvest and possession limit is 5 male Tanner crabs;
    (C) Only male Tanner crabs 5\1/2\; inches or greater in width of
shell may be taken or possessed;
    (D) No more than two pots per person, regardless of type, with a
maximum of two pots per vessel, regardless of type, may be used to take
Tanner crab.
    (iv) In the subsistence taking of clams:
    (A) The daily harvest and possession limit for littleneck clams is
1,000 and the minimum size is 1.5 inches in length;
    (B) The daily harvest and possession limit for butter clams is 700
and the minimum size is 2.5 inches in length.
    (v) Other than as specified in this section, there are no harvest,
possession, or size limits for other shellfish, and the season is open
all year.
    (4) Kodiak Area. (i) You may take crab for subsistence purposes only
under the authority of a subsistence crab 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 State closed commercial
shrimp fishing season or within a closed commercial shrimp fishing
district, section, or subsection. The permit must 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
crabs per person; only male Dungeness crabs with a shell width of 6\1/2\
inches or greater may be taken or possessed. Taking of Dungeness crab is
prohibited in water 25 fathoms or more in depth during the 14 days
immediately before the State opening of a commercial king or Tanner crab
fishing season in the location.
    (iv) In the subsistence taking of king crab:
    (A) The annual limit is three crabs per household; only male king
crab with shell width of 7 inches or greater may be taken or possessed.
    (B) All crab pots used for subsistence fishing and left in saltwater
unattended longer than a 2-week period must have all bait and bait
containers removed and all doors secured fully open.
    (C) You may only use one crab pot, which may be of any size, to take
king crab.
    (D) You may take king crab only from June 1 through 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 State 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
Womens 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) You may not use more than five crab pots to take Tanner crab.
    (B) You may not take Tanner crab in waters 25 fathoms or greater in
depth during the 14 days immediately before the opening of a State
commercial king or Tanner crab fishing season in the location.
    (C) The daily harvest and possession limit per person is 12 male
crabs with a shell width 5\1/2\ inches or greater.
    (5) Alaska Peninsula--Aleutian Islands Area. (i) 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 State commercial shrimp fishing season or within
a closed commercial shrimp fishing district, section, or subsection; the
permit must specify the area and the date the vessel operator intends to
fish; no more than

[[Page 354]]

500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
    (ii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only crabs with a shell width of 5\1/2\ inches or
greater may be taken or possessed.
    (iii) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crabs per
person; only crabs with a shell width of 6\1/2\ inches or greater may be
taken or possessed;
    (B) All crab pots used for subsistence fishing and left in saltwater
unattended longer than a 2-week period must have all bait and bait
containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1 through January 31.
    (iv) The daily harvest and possession limit is 12 male Tanner crabs
per person; only crabs with a shell width of 5\1/2\ inches or greater
may be taken or possessed.
    (6) Bering Sea Area. (i) 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.
    (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 must 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) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is 12 male Dungeness crabs per person.
    (iv) In the subsistence taking of king crab:
    (A) In waters south of 60[deg] North latitude, the daily harvest and
possession limit is six male crabs per person.
    (B) All crab pots used for subsistence fishing and left in saltwater
unattended longer than a 2-week period must have all bait and bait
containers removed and all doors secured fully open.
    (C) In waters south of 60[deg] North latitude, you may take crab
only from June 1 through January 31.
    (D) In the Norton Sound Section of the Northern District, you must
have a subsistence permit.
    (v) In waters south of 60[deg] North latitude, the daily harvest and
possession limit is 12 male Tanner crabs.

[76 FR 12585, Mar. 8, 2011]



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 United 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 Proposal and application requirements and procedures.
251.55 Nature of interest.
251.56 Terms and conditions.
251.57 Rental fees.
251.58 Cost recovery.

[[Page 355]]

251.59 Transfer of authorized improvements.
251.60 Termination, revocation, and suspension.
251.61 Applications for new, changed, or additional uses or area.
251.62 Acceptance.
251.63 Reciprocity.
251.64 Renewals.
251.65 Information collection requirements.

Subpart C [Reserved]

                  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.

         Subpart E_Revenue-Producing Visitor Services in Alaska

251.120 Applicability and scope.
251.121 Definitions.
251.122 Historical operator special use authorizations.
251.123 Most directly affected Native Corporation determination.
251.124 Preferred operator competitive special use authorization
          procedures.
251.125 Preferred operator privileges and limitations.
251.126 Appeals.

    Authority: 16 U.S.C. 472, 479b, 551, 1134, 3210, 6201-13; 30 U.S.C.
1740, 1761-1771.



                    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.

                        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 necessary 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 watershed 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

[[Page 356]]

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 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]

[[Page 357]]



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.
    (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.

[[Page 358]]

    (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,
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
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

[[Page 359]]

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 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 permit
shall be cause for revocation of all rights to use, occupy, or disturb
the surface of the lands covered by the permit, but in the event of
revocation, a new permit shall be issued upon application when the
causes for revocation of the preceding permit have been satisfactorily
remedied and the United States has been reimbursed for any damages it
has incurred from the noncompliance.
    (3) All structures, other improvements, and materials shall be
removed from the lands within one year after the date of revocation of
the permit.
    (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

[[Page 360]]

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
conditions, rules and regulations set forth in paragraphs (a) (1)
through (7) 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 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 as to mineral rights hereafter
reserved in conveyances under such programs.

[28 FR 4440, May 3, 1963, as amended at 78 FR 33724, June 5, 2013]

                           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

[[Page 361]]

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.
    (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

[[Page 362]]

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]

                          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]

[[Page 363]]



                         Subpart B_Special Uses

    Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551, 580d,
1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1771.

    Source: 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 authorized by the regulations governing sharing
use of roads (Sec. 212.9); grazing and livestock use (part 222); the
sale and disposal of timber and special forest products, such as greens,
mushrooms, and medicinal plants (part 223); and minerals (part 228) are
designated ``special uses.'' Before conducting a special use,
individuals or entities must submit a proposal to the authorized officer
and must obtain a special use authorization from the authorized officer,
unless that requirement is waived by paragraphs (c) through (e)(3) of
this section.
    (b) Nothing in this section prohibits the temporary occupancy of
National Forest System lands without a special use authorization when
necessary for the protection of life and property in emergencies, if a
special use authorization is applied for and obtained at the earliest
opportunity, unless waived pursuant to paragraphs (c) through (e)(3) of
this section. The authorized officer may, pursuant to Sec. 251.56 of
this subpart, impose in that authorization such terms and conditions as
are deemed necessary or appropriate and may require changes to the
temporary occupancy to conform to those terms and conditions. Those
temporarily occupying National Forest System lands without a special use
authorization assume liability, and must indemnify the United States,
for all injury, loss, or damage arising in connection with the temporary
occupancy.
    (c) A special use authorization is not required for noncommercial
recreational activities, such as camping, picnicking, hiking, fishing,
boating, hunting, and horseback riding, or for noncommercial activities
involving the expression of views, such as assemblies, meetings,
demonstrations, and parades, unless:
    (1) The proposed use is a noncommercial group use as defined in
Sec. 251.51 of this subpart;
    (2) The proposed use is still photography as defined in Sec. 251.51
of this subpart; or
    (3) Authorization of that use is required by an order issued under
Sec. 261.50 or by a regulation issued under Sec. 261.70 of this
chapter.
    (d) Travel on any National Forest System road shall comply with all
Federal and State laws governing the road to be used and does not
require a special use authorization, unless:
    (1) The travel is for the purpose of engaging in a noncommercial
group use, outfitting or guiding, a recreation event, commercial
filming, or still photography, as defined in Sec. 251.51 of this
subpart, or for a landowner's ingress or egress across National Forest
System lands that requires travel on a National Forest System road that
is not authorized for general public use under Sec. 251.110(d) of this
part; or
    (2) Authorization of that use is required by an order issued under
Sec. 261.50 or by a regulation issued under Sec. 261.70 of this
chapter.
    (e) For proposed uses other than a noncommercial group use, a
special use authorization is not required if, based upon review of a
proposal, the authorized officer determines that the proposed use has
one or more of the following characteristics:
    (1) The proposed use will have such nominal effects on National
Forest System lands, resources, or programs that it is not necessary to
establish terms and conditions in a special use authorization to protect
National Forest System lands and resources or to avoid conflict with
National Forest System programs or operations;
    (2) The proposed use is regulated by a State agency or another
Federal agency in a manner that is adequate to protect National Forest
System lands and resources and to avoid conflict with National Forest
System programs or operations; or
    (3) The proposed use is not situated in a congressionally designated
wilderness area, and is a routine operation or maintenance activity
within the scope of a statutory right-of-way for a highway pursuant to
R.S. 2477 (43 U.S.C.

[[Page 364]]

932, repealed Oct. 21, 1976) or for a ditch or canal pursuant to R.S.
2339 (43 U.S.C. 661, as amended), or the proposed use is a routine
operation or maintenance activity within the express scope of a
documented linear right-of-way.

[69 FR 41964, July 13, 2004]



Sec. 251.51  Definitions.

    Applicant--any individual or entity that 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 filming--use of motion picture, videotaping, sound
recording, or any other moving image or audio recording equipment on
National Forest System lands that involves the advertisement of a
product or service, the creation of a product for sale, or the use of
models, actors, sets, or props, but not including activities associated
with broadcasting breaking news, as defined in FSH 2709.11, chapter 40.
    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 type of special use authorization (usually granted for
linear rights-of-way) that is utilized in those situations where a
conveyance of a limited and transferable interest in National Forest
System land is necessary or desirable to serve or facilitate authorized
long-term uses, and that may be compensable according to its terms.
    Forest road or trail. A road or trail wholly or partly within or
adjacent to and serving the National Forest System that the Forest
Service determines is necessary for the protection, administration, and
utilization of the National Forest System and the use and development of
its resources.
    Group use--an activity conducted on National Forest System lands
that involves a group of 75 or more people, either as participants or
spectators.
    Guiding--providing services or assistance (such as supervision,
protection, education, training, packing, touring, subsistence,
transporting people, or interpretation) for pecuniary remuneration or
other gain to individuals or groups on National Forest System lands.
    Holder--an individual or entity that holds a valid special use
authorization.
    Lease--a type of special use authorization (usually granted for uses
other than linear rights-of-way) that is used when substantial capital
investment is required and when conveyance of a conditional and
transferable interest in National Forest System lands is necessary or
desirable to serve or facilitate authorized long-term uses, and that may
be revocable and compensable according to its terms.
    Linear right-of-way--a right-of-way for a linear facility, such as a
road, trail, pipeline, electronic transmission line, fence, water
transmission facility, or fiber optic cable.
    Major category--A processing or monitoring category requiring more
than 50 hours of agency time to process an application for a special use
authorization (processing category 6 and, in certain situations,
processing category 5) or more than 50 hours of agency time to monitor
compliance with the terms and conditions of an authorization (monitoring
category 6 and, in certain situations, monitoring category 5). Major
categories usually require documentation of environmental and associated
impacts in an environmental assessment and may require an environmental
impact statement.
    Minor category--A processing or monitoring category requiring 50
hours or less of agency time to process an application for a special use
authorization (processing categories 1 through 4 and, in certain
situations, processing category 5) or 50 hours or less of agency time to
monitor compliance with the terms and conditions of an authorization
(monitoring categories 1 through 4 and, in certain situations,
monitoring category 5). Minor categories may require documentation of
environmental and associated impacts in an environmental assessment.

[[Page 365]]

    Monitoring--Actions needed to ensure compliance with the terms and
conditions in a special use authorization.
    National Forest System land--all lands, waters, or interests therein
administered by the Forest Service.
    National Forest System road. A forest road other than a road which
has been authorized by a legally documented right-of-way held by a
State, county, or other local public road authority.
    NEPA procedures--the rules, policies, and procedures governing
agency compliance with the National Environmental Policy Act set forth
in 50 CFR parts 1500-1508, 7 CFR part 1b, Forest Service Manual Chapter
1950, and Forest Service Handbook 1909.15.
    Noncommercial use or activity--any use or activity that does not
involve a commercial use or activity as defined in this section.
    Outfitting--renting on or delivering to National Forest System lands
for pecuniary remuneration or other gain any saddle or pack animal,
vehicle, boat, camping gear, or similar supplies or equipment.
    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.
    Recreation event--a recreational activity conducted on National
Forest System lands for which an entry or participation fee is charged,
such as animal, vehicle, or boat races; dog trials; fishing contests;
rodeos; adventure games; and fairs.
    Recreation Residence Lot--a parcel of National Forest System land on
which a holder is authorized to build, use, occupy, and maintain a
recreation residence and related improvements. A recreation residence
lot is considered to be in its natural, native state at the time when
the Forest Service first permitted its use for a recreation residence. A
recreation residence lot is not necessarily confined to the platted
boundaries shown on a tract map or permit area map. A recreation
residence lot includes the physical area of all National Forest System
land being used or occupied by a recreation residence permit holder,
including, but not limited to, land being occupied by ancillary
facilities and uses owned, operated, or maintained by the holder, such
as septic systems, water systems, boat houses and docks, major
vegetative modifications, and so forth.
    Revocation--the cessation, in whole or in part, of a special use
authorization by action of an authorized officer before the end of the
specified period of use or occupancy for reasons set forth in Sec.
251.60(a)(1)(i), (a)(2)(i), (g), and (h) of this subpart.
    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 associated facilities that has been primarily
developed for alpine or Nordic skiing and other snow sports, but may
also include, in appropriate circumstances, facilities necessary for
other seasonal or year-round natural resource-based recreation
activities, provided that a preponderance of revenue generated by the
ski area derives from the sale of alpine and Nordic ski area passes and
lift tickets, revenue from alpine, Nordic, and other snow sport
instruction, and gross revenue from ancillary facilities that support
alpine or Nordic skiing and other snow sports.
    Sound business management principles--a phrase that refers to
accepted industry practices or methods of establishing fees and charges
that are used or applied by the Forest Service to help establish the
appropriate charge for a special use. Examples of such practices and
methods include, but are not limited to, appraisals, fee schedules,
competitive bidding, negotiation of fees, and application of other
economic factors, such as cost efficiency, supply and demand, and
administrative costs.
    Special use authorization--a written permit, term permit, lease, or
easement that authorizes use or occupancy of National Forest System
lands and specifies the terms and conditions under which the use or
occupancy may occur.
    Still photography--use of still photographic equipment on National
Forest

[[Page 366]]

System lands that takes place at a location where members of the public
generally are not allowed or where additional administrative costs are
likely, or uses models, sets, or props that are not a part of the site's
natural or cultural resources or administrative facilities.
    Suspension--a temporary revocation of a special use authorization.
    Termination--the cessation of a special use authorization by
operation of law or by operation of a fixed or agreed-upon condition,
event, or time as specified in the authorization, which does not require
a decision by an authorized officer to take effect, such as expiration
of the authorized term; change in ownership or control of the authorized
improvements; or change in ownership or control of the holder of the
authorization.
    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; 63 FR 65964, Nov. 30, 1998; 69 FR
41965, July 13, 2004; 70 FR 68290, Nov. 9, 2005; 71 FR 8913, Feb. 21,
2006; 71 FR 16621, Apr. 3, 2006; 74 FR 68381, Dec. 24, 2009; 78 FR
33725, June 5, 2013; 78 FR 38843, June 28, 2013]



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) Permits or easements for a right-of-way for a pipeline for the
transportation of oil, gas, or oil or gas products, where no Federal
land besides National Forest System lands is required, and permits for
the temporary use of additional National Forest System lands necessary
for construction, operation, maintenance, or termination of a pipeline
or to protect the natural environment or public safety under section 28
of the Mineral Leasing Act, 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

[[Page 367]]

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) Special recreation permits issued under section 803(h) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)), for
specialized recreation uses of National Forest System lands, such as
group activities, recreation events, and motorized recreational vehicle
use.
    (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:
    (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; 70 FR 70498, Nov. 22, 2005; 74 FR 68381, Dec. 24, 2009]



Sec. 251.54  Proposal and application requirements and procedures.

    (a) Early notice. When an individual or entity proposes to occupy
and use National Forest System lands, the proponent is required to
contact the Forest Service office(s) responsible for the management of
the affected land as early as possible in advance of the proposed use.
    (b) Filing proposals. Proposals for special uses must be filed in
writing with or presented orally to the District

[[Page 368]]

Ranger or Forest Supervisor having jurisdiction over the affected land
(Sec. 200.2 of this chapter), except as follows:
    (1) Proposals 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 proponent will be notified where to direct subsequent
communications;
    (2) Proposals for cost-share and other road easements to be issued
under Sec. 251.53(j) must be filed in accordance with regulations in
Sec. 212.10(c) and (d) of this chapter; and
    (3) Proposals for oil and gas pipeline rights-of-way crossing
Federal lands under the jurisdiction of two or more Federal agencies
must be filed with the State Office, Bureau of Land Management, pursuant
to regulations at 43 CFR part 2882.
    (c) Rights of proponents. A proposal to obtain a special use
authorization does not grant any right or privilege to use National
Forest System lands. Rights or privileges to occupy and use National
Forest System lands under this subpart are conveyed only through
issuance of a special use authorization.
    (d) Proposal content--(1) Proponent identification. Any proponent
for a special use authorization must provide the proponent's name and
mailing address, and, if the proponent is not an individual, the name
and address of the proponent's agent who is authorized to receive notice
of actions pertaining to the proposal.
    (2) Required information--(i) Noncommercial group uses. Paragraphs
(d)(3) through (d)(5) of this section do not apply to proposals for
noncommercial group uses. A proponent 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 proponent 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 proponent.
    (ii) All other special uses. At a minimum, proposals for special
uses other than noncommercial group uses must include the information
contained in paragraphs (d)(3) through (d)(5) of this section. In
addition, if requested by an authorized officer, a proponent in one of
the following categories must furnish the information specified for that
category:
    (A) If the proponent is a State or local government agency: a copy
of the authorization under which the proposal is made;
    (B) If the proponent is a public corporation: the statute or other
authority under which it was organized;
    (C) If the proponent is a Federal Government agency: the title of
the agency official delegated the authority to file the proposal;
    (D) If the proponent is a private corporation:
    (1) Evidence of incorporation and its current good standing;
    (2) If reasonably obtainable by the proponent, 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) If the proponent is 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. The proponent is required to
provide sufficient evidence to satisfy the authorized officer that the
proponent has,

[[Page 369]]

or prior to commencement of construction will have, the technical and
financial capability to construct, operate, maintain, and terminate the
project for which an authorization is requested, and the proponent is
otherwise acceptable.
    (4) Project description. Except for requests for planning permits
for a major development, a proponent must provide a project description,
including maps and appropriate resource information, in sufficient
detail to enable the authorized officer to determine the feasibility of
a proposed project or activity, any benefits to be provided to the
public, the safety of the proposal, the lands to be occupied or used,
the terms and conditions to be included, and the proposal's compliance
with applicable laws, regulations, and orders.
    (5) Additional information. The authorized officer may require any
other information and data necessary to determine feasibility of a
project or activity proposed; 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. The authorized officer
shall make requests for any additional information in writing.
    (e) Pre-application actions--(1) Initial screening. Upon receipt of
a request for any proposed use other than for noncommercial group use,
the authorized officer shall screen the proposal to ensure that the use
meets the following minimum requirements applicable to all special uses:
    (i) The proposed use is consistent with the laws, regulations,
orders, and policies establishing or governing National Forest System
lands, with other applicable Federal law, and with applicable State and
local health and sanitation laws.
    (ii) The proposed use is consistent or can be made consistent with
standards and guidelines in the applicable forest land and resource
management plan prepared under the National Forest Management Act and 36
CFR part 219.
    (iii) The proposed use will not pose a serious or substantial risk
to public health or safety.
    (iv) The proposed use will not create an exclusive or perpetual
right of use or occupancy.
    (v) The proposed use will not unreasonably conflict or interfere
with administrative use by the Forest Service, other scheduled or
authorized existing uses of the National Forest System, or use of
adjacent non-National Forest System lands.
    (vi) The proponent does not have any delinquent debt owed to the
Forest Service under terms and conditions of a prior or existing
authorization, unless such debt results from a decision on an
administrative appeal or from a fee review and the proponent is current
with the payment schedule.
    (vii) The proposed use does not involve gambling or providing of
sexually oriented commercial services, even if permitted under State
law.
    (viii) The proposed use does not involve military or paramilitary
training or exercises by private organizations or individuals, unless
such training or exercises are federally funded.
    (ix) The proposed use does not involve disposal of solid waste or
disposal of radioactive or other hazardous substances.
    (2) Results of initial screening. Any proposed use other than a
noncommercial group use that does not meet all of the minimum
requirements of paragraphs (e)(1)(i)-(ix) of this section shall not
receive further evaluation and processing. In such event, the authorized
officer shall advise the proponent that the use does not meet the
minimum requirements. If the proposal was submitted orally, the
authorized officer may respond orally. If the proposal was made in
writing, the authorized officer shall notify the proponent in writing
that the proposed use does not meet the minimum requirements and shall
simultaneously return the request.
    (3) Guidance and information to proponents. For proposals for
noncommercial group use as well as for those proposals that meet the
minimum requirements of paragraphs (e)(1)(i)-(ix), the authorized
officer, to the extent practicable, shall provide the proponent guidance
and information on the following:

[[Page 370]]

    (i) Possible land use conflicts as identified by review of forest
land and resource management plans, landownership records, and other
readily available sources;
    (ii) Proposal and application procedures and probable time
requirements;
    (iii) Proponent qualifications;
    (iv) Applicable fees, charges, bonding, and/or security
requirements;
    (v) Necessary associated clearances, permits, and licenses;
    (vi) Environmental and management considerations;
    (vii) Special conditions; and
    (viii) identification of on-the-ground investigations which will
require temporary use permits.
    (4) Confidentiality. If requested by the proponent, the authorized
officer, or other Forest Service official, to the extent reasonable and
authorized by law, shall hold confidential any project and program
information revealed during pre-application contacts.
    (5) Second-level screening of proposed uses. A proposal which passes
the initial screening set forth in paragraph (e)(1) and for which the
proponent has submitted information as required in paragraph (d)(2)(ii)
of this section, proceeds to second-level screening and consideration.
In order to complete this screening and consideration, the authorized
officer may request such additional information as necessary to obtain a
full description of the proposed use and its effects. An authorized
officer shall reject any proposal, including a proposal for commercial
group uses, if, upon further consideration, the officer determines that:
    (i) The proposed use would be inconsistent or incompatible with the
purposes for which the lands are managed, or with other uses; or
    (ii) The proposed use would not be in the public interest; or
    (iii) The proponent is not qualified; or
    (iv) The proponent does not or cannot demonstrate technical or
economic feasibility of the proposed use or the financial or technical
capability to undertake the use and to fully comply with the terms and
conditions of the authorization; or
    (v) There is no person or entity authorized to sign a special use
authorization and/or there is no person or entity willing to accept
responsibility for adherence to the terms and conditions of the
authorization.
    (6) NEPA compliance for second-level screening process. A request
for a special use authorization that does not meet the criteria
established in paragraphs (e)(5)(i) through (e)(5)(v) of this section
does not constitute an agency proposal as defined in 40 CFR 1508.23 and,
therefore, does not require environmental analysis and documentation.
    (f) Special requirements for certain proposals--(1) Oil and gas
pipeline rights-of-way. These proposals must include the citizenship of
the proponent(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 promptly notify the House
Committee on Resources and the Senate Committee on Energy and Natural
Resources upon receipt of a proposal for a right-of-way for a pipeline
24 inches or more in diameter, and no right-of-way for that pipeline
shall be granted until notice of intention to grant the right-of-way,
together with the authorized officer's detailed findings as to the term
and conditions the authorized officer proposes to impose, have been
submitted to the committees.
    (2) Major development. Proponents of a major development may submit
a request for a planning permit of up to 10 years in duration. Requests
for a planning permit must include the information contained in
paragraphs (d)(1) through (d)(3) of this section. Upon completion of a
master development plan developed under a planning permit, proponents
may then submit a request for a long-term authorization to construct and
operate the development. At a minimum, a request for a long-term permit
for a major development must include the information contained in
paragraphs (d)(1) and (d)(2)(ii) through (d)(5) of this section.
Issuance of a planning permit does not

[[Page 371]]

prejudice approval or denial of a subsequent request for a special use
permit for the development.
    (g) Application processing and response--(1) Acceptance of
applications. Except for proposals for noncommercial group uses, if a
request does not meet the criteria of both screening processes or is
subsequently denied, the proponent must be notified with a written
explanation of the rejection or denial and any written proposal returned
to the proponent. If a request for a proposed use meets the criteria of
both the initial and second-level screening processes as described in
paragraph (e) of this section, the authorized officer shall notify the
proponent that the agency is prepared to accept a written formal
application for a special use authorization and shall, as appropriate or
necessary, provide the proponent guidance and information of the type
described in paragraphs (e)(3)(i) through (e)(3)(viii) of this section.
    (2) Processing applications. (i) Upon acceptance of an application
for a special use authorization other than a planning permit, the
authorized officer shall evaluate the proposed use for the requested
site, including effects on the environment. The authorized officer may
request such additional information as necessary to obtain a full
description of the proposed use and its effects.
    (ii) Federal, State, and local government agencies and the public
shall receive adequate notice and an opportunity to comment upon a
special use proposal accepted as a formal application in accordance with
Forest Service NEPA procedures.
    (iii) The authorized officer shall give due deference to the
findings of another agency such as a Public Utility Commission, the
Federal Regulatory Energy 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.
    (iv) 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.
    (v) For applications for planning permits, including those issued
for a major development as described in paragraph (f)(3) of this
section, the authorized officer shall assess only the applicant's
financial and technical qualifications and determine compliance with
other applicable laws, regulations, and orders. Planning permits may be
categorically excluded from documentation in an environmental assessment
or environmental impact statement pursuant to Forest Service Handbook
1909.15 (36 CFR 200.4).
    (3) Response to applications for noncommercial group uses. (i) All
applications for noncommercial group uses shall be deemed granted and an
authorization shall be issued for those uses pursuant to the
determination as set forth below, unless 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).
    (ii) An authorized officer shall grant an application for a special
use authorization for a noncommercial group use upon a determination
that:
    (A) Authorization of the proposed activity is not prohibited by the
rules at 36 CFR part 261, subpart B, or by Federal, State, or local law
unrelated to the content of expressive activity;
    (B) Authorization of the proposed activity is consistent or can be
made consistent with the standards and guidelines in the applicable
forest land and resource management plan required under the National
Forest Management Act and 36 CFR part 219;
    (C) 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;
    (D) The proposed activity will not delay, halt, or prevent
administrative use of an area by the Forest Service or

[[Page 372]]

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;
    (E) 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:
    (1) The sufficiency of sanitation facilities;
    (2) The sufficiency of waste-disposal facilities;
    (3) The availability of sufficient potable drinking water;
    (4) The risk of disease from the physical characteristics of the
proposed site or natural conditions associated with the proposed site;
and
    (5) The risk of contamination of the water supply;
    (F) The proposed activity will not pose a substantial danger to
public safety. Considerations of public safety must 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:
    (1) The potential for physical injury to other forest users from the
proposed activity;
    (2) The potential for physical injury to users from the physical
characteristics of the proposed site or natural conditions associated
with the proposed site;
    (3) The potential for physical injury to users from scheduled or
existing uses or activities on National Forest System lands; and
    (4) The adequacy of ingress and egress in case of an emergency;
    (G) 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
    (H) 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.
    (iii) If an authorized officer denies an application because it does
not meet the criteria in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(H)
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 (g)(3)(ii)(C) of this section and all
alternatives suggested are unacceptable to the applicant, the authorized
officer shall offer to have completed the requisite environmental and
other analyses for the requested site. A decision to grant or deny the
application for which an environmental assessment or an environmental
impact statement is prepared is 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 in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(H) of this
section constitutes final agency action, is not subject to
administrative appeal, and is immediately subject to judicial review.
    (4) Response to all other applications. Based on evaluation of the
information provided by the applicant and other relevant information
such as environmental findings, the authorized officer shall decide
whether to approve the proposed use, approve the proposed use with
modifications, or deny the proposed use. A group of applications for
similar uses having minor environmental impacts may be evaluated with
one analysis and approved in one decision.
    (5) Authorization of a special use. Upon a decision to approve a
special use or a group of similar special uses, the authorized officer
may issue one or more special use authorizations as defined in Sec.
251.51 of this subpart.

[63 FR 65964, Nov. 30, 1998, as amended at 74 FR 68381, Dec. 24, 2009;
78 FR 33725, June 5, 2013]



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

[[Page 373]]

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 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. (1) Each special use authorization must contain:
    (i) Terms and conditions which will:
    (A) Carry out the purposes of applicable statutes and rules and
regulations issued thereunder;
    (B) Minimize damage to scenic and esthetic values and fish and
wildlife habitat and otherwise protect the environment;
    (C) Require compliance with applicable air and water quality
standards established by or pursuant to applicable Federal or State law;
and
    (D) 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.
    (ii) Such terms and conditions as the authorized officer deems
necessary to:
    (A) Protect Federal property and economic interests;
    (B) Manage efficiently the lands subject to the use and adjacent
thereto;
    (C) Protect other lawful users of the lands adjacent to or occupied
by such use;
    (D) Protect lives and property;
    (E) 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;
    (F) Require siting to cause the least damage to the environment,
taking into consideration feasibility and other relevant factors; and
    (G) Otherwise protect the public interest.

    Note to paragraph (a)(1)(ii)(G): The Department is making explicit
its preexisting understanding of Sec. 251.56(a)(1)(ii)(G) of this
subpart in the context of authorizing noncommercial group uses of
National Forest System lands. Section 251.56(a)(1)(ii)(G) provides that
each special use authorization shall contain such terms and conditions
as the authorized officer deems necessary to otherwise protect the
public interest. In the context of noncommercial group uses, the Forest
Service interprets the term ``public interest'' found in Sec.
251.56(a)(1)(ii)(G) to refer to the three public interests identified by
the

[[Page 374]]

Forest Service on August 30, 1995. These public interests include the
protection of resources and improvements on National Forest System
lands, the allocation of space among potential or existing uses and
activities, and public health and safety concerns. Under this
construction, Sec. 251.56(a)(1)(ii)(G) allows the Forest Service to
impose terms and conditions that are not specifically addressed in Sec.
251.56(a)(1)(ii)(A)-(F) but only those that further these public
interests. The Forest Service shall implement and enforce Sec.
251.56(a)(1)(ii)(G) in accordance with this interpretation.

    (2) Authorizations for use of National Forest System lands may be
conditioned to require State, county, or other Federal agency licenses,
permits, certificates, or other approval documents, such as a Federal
Communication Commission license, a Federal Energy Regulatory Commission
license, a State water right, or a county building permit.
    (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 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.

[[Page 375]]

    (2) Holders of special use authorizations 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
maximum liability shall be specified in the special use authorization as
determined by a risk assessment, prepared in accordance with established
agency procedures, 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 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,

[[Page 376]]

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; 63 FR 65967, Nov.
30, 1998; 64 FR 48960, Sept. 9, 1999]



Sec. 251.57  Rental fees.

    (a) Except as otherwise provided in this part or when specifically
authorized by the Secretary of Agriculture, special use authorizations
shall require the payment in advance of an annual rental fee as
determined by the authorized officer.
    (1) The fee shall be based on the fair market value of the rights
and privileges authorized, as determined by appraisal or other sound
business management principles.
    (2) Where annual fees of one hundred dollars ($100) or less are
assessed, the authorized officer may require either annual payment or a
payment covering more than one year at a time. If the annual fee is
greater than one hundred dollars ($100), holders who are private
individuals (that is, acting in an individual capacity), as opposed to
those who are commercial, other corporate, or business or government
entities, may, at their option, elect to make either annual payments or
payments covering more than one year.
    (3) A base cabin user fee for a recreation residence use shall be 5
percent of the market value of the recreation residence lot, established
by an appraisal conducted in accordance with the Act of October 11, 2000
(16 U.S.C. 6201-13).
    (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) Each ski area authorization issued under the authority of the
National Forest Ski Area Permit Act

[[Page 377]]

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.
    (i) Each permit or term permit for a recreation residence use shall
include a clause stating that the Forest Service shall recalculate the
base cabin user fee at least every 10 years and shall use an appraisal
to recalculate that fee as provided in paragraph (a)(3) of this section.

[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; 63 FR 65967, Nov.
30, 1998; 71 FR 16621, Apr. 3, 2006]



Sec. 251.58  Cost recovery.

    (a) Assessment of fees to recover agency processing and monitoring
costs. The Forest Service shall assess fees to recover the agency's
processing costs for special use applications and monitoring costs for
special use authorizations. Applicants and holders shall submit
sufficient information for the authorized officer to estimate the number
of hours required to process their applications or monitor their
authorizations. Cost recovery fees are separate from any fees charged
for the use and occupancy of National Forest System lands.
    (b) Special use applications and authorizations subject to cost
recovery requirements. Except as exempted in paragraphs (g)(1) through
(g)(4) of this section, the cost recovery requirements of this section
apply in the following situations to the processing of special use
applications and monitoring of special use authorizations issued
pursuant to this subpart:
    (1) Applications for use and occupancy that require a new special
use authorization. Fees for processing an application for a new special
use authorization shall apply to any application formally accepted by
the agency on or after March 23, 2006 and to any application formally
accepted by the agency before March 23, 2006, which the agency has not
commenced processing. Proposals accepted as applications which the
agency has commenced processing prior to March 23, 2006 shall not be
subject to processing fees. The cost recovery provisions of this section
shall not apply to or supersede written agreements providing for
recovery of processing costs executed by the agency and applicants prior
to March 23, 2006.
    (2) Changes to existing authorizations. Processing fees apply to
proposals that require an application to amend or formally approve
specific activities or facilities as identified in an existing
authorization, operating plan, or master development plan. Processing
fees also apply to agency actions to amend a special use authorization.
    (3) Agency actions to issue a special use authorization and
applications for issuance of a new special use authorization due to
termination of an existing authorization, including termination caused
by expiration, a change in ownership or control of the authorized
facilities, or a change in ownership or control of the holder of the
authorization. Upon termination of an existing authorization, a holder
shall be subject to a processing fee for issuance of a new
authorization, even if the holder's existing authorization does not
require submission of an application for a new authorization.
    (4) Monitoring of authorizations issued or amended on or after March
23, 2006.
    (c) Processing fee requirements. A processing fee is required for
each application for or agency action to issue a special use
authorization as identified in paragraphs (b)(1) through (b)(3) of this
section. Processing fees do not include costs incurred by the applicant
in providing information, data, and documentation necessary for the
authorized officer to make a decision on the proposed use or occupancy
pursuant to the provisions at Sec. 251.54.
    (1) Basis for processing fees. The processing fee categories 1
through 6 set out in paragraphs (c)(2)(i) through (c)(2)(vi) of this
section are based upon the costs that the Forest Service incurs in
reviewing the application, conducting environmental analyses of the
effects of the proposed use, reviewing any applicant-generated
environmental documents and studies, conducting site

[[Page 378]]

visits, evaluating an applicant's technical and financial
qualifications, making a decision on whether to issue the authorization,
and preparing documentation of analyses, decisions, and authorizations
for each application. The processing fee for an application shall be
based only on costs necessary for processing that application.
``Necessary for'' means that but for the application, the costs would
not have been incurred and that the costs cover only those activities
without which the application cannot be processed. The processing fee
shall not include costs for studies for programmatic planning or
analysis or other agency management objectives, unless they are
necessary for the application being processed. For example, the
processing fee shall not include costs for capacity studies, use
allocation decisions, corridor or communications site planning, and
biological studies that address species diversity, unless they are
necessary for the application. Proportional costs for analyses, such as
capacity studies, that are necessary for an application may be included
in the processing fee for that application. The costs incurred for
processing an application, and thus the processing fee, depend on the
complexity of the project; the amount of information that is necessary
for the authorized officer's decision in response to the proposed use
and occupancy; and the degree to which the applicant can provide this
information to the agency. Processing work conducted by the applicant or
a third party contracted by the applicant minimizes the costs the Forest
Service will incur to process the application, and thus reduces the
processing fee. The total processing time is the total time estimated
for all Forest Service personnel involved in processing an application
and is estimated case by case to determine the fee category.
    (i) Processing fee determinations. The applicable fee rate for
processing applications in minor categories 1 through 4 (paragraphs
(c)(2)(i) through (c)(2)(iv) of this section) shall be assessed from a
schedule. The processing fee for applications in category 5, which may
be either minor or major, shall be established in the master agreement
(paragraph (c)(2)(v) of this section). For major category 5 (paragraph
(c)(2)(v) of this section) and category 6 (paragraph (c)(2)(vi) of this
section) cases, the authorized officer shall estimate the agency's full
actual processing costs. The estimated processing costs for category 5
and category 6 cases shall be reconciled as provided in paragraphs
(c)(5)(ii) and (iii) and (c)(6)(ii) and (iii) of this section.
    (ii) Reduction in processing fees for certain category 6
applications. For category 6 applications submitted under authorities
other than the Mineral Leasing Act, the applicant:
    (A) May request a reduction of the processing fee based upon the
applicant's written analysis of actual costs, the monetary value of the
rights and privileges sought, that portion of the costs incurred for the
benefit of the general public interest, the public service provided, the
efficiency of the agency processing involved, and other factors relevant
to determining the reasonableness of the costs. The agency will
determine whether the estimate of full actual costs should be reduced
based upon this analysis and will notify the applicant in writing of
this determination; or
    (B) May agree in writing to waive payment of reasonable costs and
pay the actual costs incurred in processing the application.
    (2) Processing fee categories. No fee is charged for applications
taking 1 hour or less for the Forest Service to process. Applications
requiring more than 1 hour for the agency to process are covered by the
fee categories 1 through 6 set out in the following paragraphs i through
vi.
    (i) Category 1: Minimal Impact: More than 1 hour and up to and
including 8 hours. The total estimated time in this minor category is
more than 1 hour and up to and including 8 hours for Forest Service
personnel to process an application.
    (ii) Category 2: More than 8 and up to and including 24 hours. The
total estimated time in this minor category is more than 8 and up to and
including 24 hours for Forest Service personnel to process an
application.
    (iii) Category 3: More than 24 and up to and including 36 hours. The
total estimated time in this minor category is

[[Page 379]]

more than 24 and up to and including 36 hours for Forest Service
personnel to process an application.
    (iv) Category 4: More than 36 and up to and including 50 hours. The
total estimated time in this minor category is more than 36 and up to
and including 50 hours for Forest Service personnel to process an
application.
    (v) Category 5: Master agreements. The Forest Service and the
applicant may enter into master agreements for the agency to recover
processing costs associated with a particular application, a group of
applications, or similar applications for a specified geographic area.
This category is minor if 50 hours or less are needed for Forest Service
personnel to process an application and major if more than 50 hours are
needed. In signing a master agreement for a major category application
submitted under authorities other than the Mineral Leasing Act, an
applicant waives the right to request a reduction of the processing fee
based upon the reasonableness factors enumerated in paragraph
(c)(1)(ii)(A) of this section. A master agreement shall at a minimum
include:
    (A) The fee category or estimated processing costs;
    (B) A description of the method for periodic billing, payment, and
auditing;
    (C) A description of the geographic area covered by the agreement;
    (D) A work plan and provisions for updating the work plan;
    (E) Provisions for reconciling differences between estimated and
final processing costs; and
    (F) Provisions for terminating the agreement.
    (vi) Category 6: More than 50 hours. In this major category more
than 50 hours are needed for Forest Service personnel to process an
application. The authorized officer shall determine the issues to be
addressed and shall develop preliminary work and financial plans for
estimating recoverable costs.
    (3) Multiple applications other than those covered by master
agreements (category 5). (i) Unsolicited applications where there is no
competitive interest. Processing costs that are incurred in processing
more than one of these applications (such as the cost of environmental
analysis or printing an environmental impact statement that relates to
all of the applications) must be paid in equal shares or on a prorated
basis, as deemed appropriate by the authorized officer, by each
applicant, including applicants for recreation special uses that are
otherwise exempt under paragraph (g)(3) of this section when the Forest
Service requires more than 50 hours in the aggregate to process the
applications submitted in response to the prospectus.
    (ii) Unsolicited proposals where competitive interest exists. When
there is one or more unsolicited proposals and the authorized officer
determines that competitive interest exists, the agency shall issue a
prospectus. All proposals accepted pursuant to that solicitation shall
be processed as applications. The applicants are responsible for the
costs of environmental analyses that are necessary for their
applications and that are conducted prior to issuance of the prospectus.
Processing fees for these cases shall be determined pursuant to the
procedures for establishing a category 6 processing fee and shall
include costs such as those incurred in printing and mailing the
prospectus; having parties other than the Forest Service review and
evaluate applications; establishing a case file; recording data;
conducting financial reviews; and, for selected applicants, any
additional environmental analysis required in connection with their
applications. Processing fees shall be paid in equal shares or on a
prorated basis, as deemed appropriate by the authorized officer, by all
parties who submitted proposals that were processed as applications
pursuant to the solicitation, including applicants for recreation
special uses that are otherwise exempt under paragraph (g)(3) of this
section when the Forest Service requires more than 50 hours in the
aggregate to process the applications submitted in response to the
prospectus.
    (iii) Solicited applications. When the Forest Service solicits
applications through the issuance of a prospectus on its own initiative,
rather than in response to an unsolicited proposal or proposals, the
agency is responsible for the cost of environmental analyses

[[Page 380]]

conducted prior to issuance of the prospectus. All proposals accepted
pursuant to that solicitation shall be processed as applications.
Processing fees for these cases shall be determined pursuant to the
procedures for establishing a category 6 processing fee and shall
include costs such as those incurred in printing and mailing the
prospectus; having parties other than the Forest Service review and
evaluate applications; establishing a case file; recording data;
conducting financial reviews; and, for selected applicants, any
additional environmental analysis required in connection with their
applications. Processing fees shall be paid in equal shares or on a
prorated basis, as deemed appropriate by the authorized officer, by all
parties who submitted proposals that were processed as applications
pursuant to the solicitation, including applicants for recreation
special uses that are otherwise exempt under paragraph (g)(3) of this
section when the Forest Service requires more than 50 hours in the
aggregate to process the applications submitted in response to the
prospectus.
    (4) Billing and revision of processing fees. (i) Billing. When the
Forest Service accepts a special use application, the authorized officer
shall provide written notice to the applicant that the application has
been formally accepted. The authorized officer shall not bill the
applicant a processing fee until the agency is prepared to process the
application.
    (ii) Revision of processing fees. Minor category processing fees
shall not be reclassified into a higher minor category once the
processing fee category has been determined. However, if the authorized
officer discovers previously undisclosed information that necessitates
changing a minor category processing fee to a major category processing
fee, the authorized officer shall notify the applicant or holder of the
conditions prompting a change in the processing fee category in writing
before continuing with processing the application. The applicant or
holder may accept the revised processing fee category and pay the
difference between the previous and revised processing categories;
withdraw the application; revise the project to lower the processing
costs; or request review of the disputed fee as provided in paragraphs
(e)(1) through (e)(4) of this section.
    (5) Payment of processing fees. (i) Payment of a processing fee
shall be due within 30 days of issuance of a bill for the fee, pursuant
to paragraph (c)(4) of this section. The processing fee must be paid
before the Forest Service can initiate or, in the case of a revised fee,
continue with processing an application. Payment of the processing fee
by the applicant does not obligate the Forest Service to authorize the
applicant's proposed use and occupancy.
    (ii) For category 5 cases, when the estimated processing costs are
lower than the final processing costs for applications covered by a
master agreement, the applicant shall pay the difference between the
estimated and final processing costs.
    (iii) For category 6 cases, when the estimated processing fee is
lower than the full actual costs of processing an application submitted
under the Mineral Leasing Act, or lower than the full reasonable costs
(when the applicant has not waived payment of reasonable costs) of
processing an application submitted under other authorities, the
applicant shall pay the difference between the estimated and full actual
or reasonable processing costs.
    (6) Refunds of processing fees. (i) Processing fees in minor
categories 1 through 4 are nonrefundable and shall not be reconciled.
    (ii) For category 5 cases, if payment of the processing fee exceeds
the agency's final processing costs for the applications covered by a
master agreement, the authorized officer either shall refund the excess
payment to the applicant or, at the applicant's request, shall credit it
towards monitoring fees due.
    (iii) For category 6 cases, if payment of the processing fee exceeds
the full actual costs of processing an application submitted under the
Mineral Leasing Act, or the full reasonable costs (when the applicant
has not waived payment of reasonable costs) of processing an application
submitted under

[[Page 381]]

other authorities, the authorized officer either shall refund the excess
payment to the applicant or, at the applicant's request, shall credit it
towards monitoring fees due.
    (iv) For major category 5 and category 6 applications, an applicant
whose application is denied or withdrawn in writing is responsible for
costs incurred by the Forest Service in processing the application up to
and including the date the agency denies the application or receives
written notice of the applicant's withdrawal. When an applicant
withdraws a major category 5 or category 6 application, the applicant
also is responsible for any costs subsequently incurred by the Forest
Service in terminating consideration of the application.
    (7) Customer service standards. The Forest Service shall endeavor to
make a decision on an application that falls into minor processing
category 1, 2, 3, or 4, and that is subject to a categorical exclusion
pursuant to the National Environmental Policy Act, within 60 calendar
days from the date of receipt of the processing fee. If the application
cannot be processed within the 60-day period, then prior to the 30th
calendar day of the 60-day period, the authorized officer shall notify
the applicant in writing of the reason why the application cannot be
processed within the 60-day period and shall provide the applicant with
a projected date when the agency plans to complete processing the
application. For all other applications, including all applications that
require an environmental assessment or an environmental impact
statement, the authorized officer shall, within 60 calendar days of
acceptance of the application, notify the applicant in writing of the
anticipated steps that will be needed to process the application. These
customer service standards do not apply to applications that are subject
to a waiver of or exempt from cost recovery fees under Sec. Sec.
251.58(f) or (g).
    (d) Monitoring fee requirements. The monitoring fee for an
authorization shall be assessed independently of any fee charged for
processing the application for that authorization pursuant to paragraph
(c) of this section. Payment of the monitoring fee is due upon issuance
of the authorization.
    (1) Basis for monitoring fees. Monitoring is defined at Sec.
251.51. For monitoring fees in minor categories 1 through 4,
authorization holders are assessed fees based upon the estimated time
needed for Forest Service monitoring to ensure compliance with the
authorization during the construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site. Major category 5 and category 6 monitoring fees
shall be based upon the agency's estimated costs to ensure compliance
with the terms and conditions of the authorization during all phases of
its term, including but not limited to monitoring to ensure compliance
with the authorization during the construction or reconstruction of
temporary or permanent facilities and rehabilitation of the construction
or reconstruction site. Monitoring for all categories does not include
billings, maintenance of case files, annual performance evaluations, or
scheduled inspections to determine compliance generally with the terms
and conditions of an authorization.
    (i) Monitoring fee determinations. The applicable fee rate for
monitoring compliance with authorizations in minor categories 1 through
4 (paragraphs (d)(2)(i) through (d)(2)(iv) of this section) shall be
assessed from a schedule. The monitoring fee for authorizations in
category 5, which may be minor or major, shall be established in the
master agreement (paragraph (d)(2)(v) of this section). For major
category 5 (paragraph (d)(2)(v) of this section) and category 6
(paragraph (d)(2)(vi) of this section) cases, the authorized officer
shall estimate the agency's full actual monitoring costs. The estimated
monitoring costs for category 5 and category 6 cases shall be reconciled
as provided in paragraphs (d)(3)(ii) and (iii) and (d)(4)(ii) and (iii)
of this section.
    (ii) Reductions in monitoring fees for certain category 6
authorizations. For category 6 authorizations issued under authorities
other than the Mineral Leasing Act, the holder:
    (A) May request a reduction of the monitoring fee based upon the
holder's written analysis of actual costs, the monetary value of the
rights or privileges granted, that portion of the costs

[[Page 382]]

incurred for the benefit of the general public interest, the public
service provided, the efficiency of the agency monitoring involved, and
other factors relevant to determining the reasonableness of the costs.
The agency will determine whether the estimate of full actual costs
should be reduced based upon this analysis and will notify the holder in
writing of this determination; or
    (B) May agree in writing to waive payment of reasonable costs and
pay the actual costs incurred in monitoring the authorization.
    (2) Monitoring fee categories. No monitoring fee is charged for
authorizations requiring 1 hour or less for the Forest Service to
monitor. Authorizations requiring more than1 hour for the agency to
monitor are covered by fee categories 1 through 6 set out in the
following paragraphs (d)(2)(i) through (vi) of this section.
    (i) Category 1: Minimal Impact: More than 1 hour and up to and
including 8 hours. This minor category requires more than1 hour and up
to and including 8 hours for Forest Service personnel to monitor
compliance with a special use authorization during construction or
reconstruction of temporary or permanent facilities and rehabilitation
of the construction or reconstruction site.
    (ii) Category 2: More than 8 and up to and including 24 hours. This
minor category requires more than 8 and up to and including 24 hours for
Forest Service personnel to monitor compliance with a special use
authorization during construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site.
    (iii) Category 3: More than 24 and up to and including 36 hours.
This minor category requires more than 24 and up to and including 36
hours for Forest Service personnel to monitor compliance with a special
use authorization during construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site.
    (iv) Category 4: More than 36 and up to and including 50 hours. This
minor category requires more than 36 and up to and including 50 hours
for Forest Service personnel to monitor compliance with a special use
authorization during construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site.
    (v) Category 5: Master agreements. The Forest Service and the holder
of an authorization may enter into a master agreement for the agency to
recover monitoring costs associated with a particular authorization or
by a group of authorizations for a specified geographic area. This
category is minor if 50 hours or less are needed for Forest Service
personnel to monitor compliance with an authorization and major if more
than 50 hours are needed. In signing a master agreement for a major
category authorization issued under authorities other than the Mineral
Leasing Act, a holder waives the right to request a reduction of the
monitoring fee based upon the reasonableness factors enumerated in
paragraph (d)(1)(ii)(A) of this section. A master agreement shall at a
minimum include:
    (A) The fee category or estimated monitoring costs;
    (B) A description of the method for periodic billing, payment, and
auditing of monitoring fees;
    (C) A description of the geographic area covered by the agreement;
    (D) A monitoring work plan and provisions for updating the work
plan;
    (E) Provisions for reconciling differences between estimated and
final monitoring costs; and
    (F) Provisions for terminating the agreement.
    (vi) Category 6: More than 50 hours. This major category requires
more than 50 hours for Forest Service personnel to monitor compliance
with the terms and conditions of the authorization during all phases of
its term, including, but not limited, to monitoring compliance with the
authorization during the construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site.
    (3) Billing and payment of monitoring fees. (i) The authorized
officer shall estimate the monitoring costs and shall notify the holder
of the required fee. Monitoring fees in minor categories 1 through 4
must be paid in full before or

[[Page 383]]

at the same time the authorization is issued. For authorizations in
major category 5 and category 6, the estimated monitoring fees must be
paid in full before or at the same time the authorization is issued,
unless the authorized officer and the applicant or holder agree in
writing to periodic payments.
    (ii) For category 5 cases, when the estimated monitoring costs are
lower than the final monitoring costs for authorizations covered by a
master agreement, the holder shall pay the difference between the
estimated and final monitoring costs.
    (iii) For category 6 cases, when the estimated monitoring fee is
lower than the full actual costs of monitoring an authorization issued
under the Mineral Leasing Act, or lower than the full reasonable costs
(when the holder has not waived payment of reasonable costs) of
monitoring an authorization issued under other authorities, the holder
shall pay the difference in the next periodic payment or the authorized
officer shall bill the holder for the difference between the estimated
and full actual or reasonable monitoring costs. Payment shall be due
within 30 days of receipt of the bill.
    (4) Refunds of monitoring fees. (i) Monitoring fees in minor
categories 1 through 4 are nonrefundable and shall not be reconciled.
    (ii) For category 5 cases, if payment of the monitoring fee exceeds
the agency's final monitoring costs for the authorizations covered by a
master agreement, the authorized officer shall either adjust the next
periodic payment to reflect the overpayment or refund the excess payment
to the holder.
    (iii) For category 6 cases, if payment of the monitoring fee exceeds
the full actual costs of monitoring an authorization issued under the
Mineral Leasing Act, or the full reasonable costs (when the holder has
not waived payment of reasonable costs) of monitoring an authorization
issued under other authorities, the authorized officer shall either
adjust the next periodic payment to reflect the overpayment or refund
the excess payment to the holder.
    (e) Applicant and holder disputes concerning processing or
monitoring fee assessments; requests for changes in fee categories or
estimated costs. (1) If an applicant or holder disagrees with the
processing or monitoring fee category assigned by the authorized officer
for a minor category or, in the case of a major processing or monitoring
category, with the estimated dollar amount of the processing or
monitoring costs, the applicant or holder may submit a written request
before the disputed fee is due for substitution of an alternative fee
category or alternative estimated costs to the immediate supervisor of
the authorized officer who determined the fee category or estimated
costs. The applicant or holder must provide documentation that supports
the alternative fee category or estimated costs.
    (2) In the case of a disputed processing fee:
    (i) If the applicant pays the full disputed processing fee, the
authorized officer shall continue to process the application during the
supervisory officer's review of the disputed fee, unless the applicant
requests that the processing cease.
    (ii) If the applicant fails to pay the full disputed processing fee,
the authorized officer shall suspend further processing of the
application pending the supervisory officer's determination of an
appropriate processing fee and the applicant's payment of that fee.
    (3) In the case of a disputed monitoring fee:
    (i) If the applicant or holder pays the full disputed monitoring
fee, the authorized officer shall issue the authorization or allow the
use and occupancy to continue during the supervisory officer's review of
the disputed fee, unless the applicant or holder elects not to exercise
the authorized use and occupancy of National Forest System lands during
the review period.
    (ii) If the applicant or holder fails to pay the full disputed
monitoring fee, the authorized officer shall not issue the applicant a
new authorization or shall suspend the holder's existing authorization
in whole or in part pending the supervisory officer's determination of
an appropriate monitoring fee and the applicant's or holder's payment of
that fee.

[[Page 384]]

    (4) The authorized officer's immediate supervisor shall render a
decision on a disputed processing or monitoring fee within 30 calendar
days of receipt of the written request from the applicant or holder. The
supervisory officer's decision is the final level of administrative
review. The dispute shall be decided in favor of the applicant or holder
if the supervisory officer does not respond to the written request
within 30 days of receipt.
    (f) Waivers of processing and monitoring fees. (1) All or part of a
processing or monitoring fee may be waived, at the sole discretion of
the authorized officer, when one or more of the following criteria are
met:
    (i) The applicant or holder is a local, State, or Federal
governmental entity that does not or would not charge processing or
monitoring fees for comparable services the applicant or holder provides
or would provide to the Forest Service;
    (ii) A major portion of the processing costs results from issues not
related to the project being proposed;
    (iii) The application is for a project intended to prevent or
mitigate damage to real property, or to mitigate hazards or dangers to
public health and safety resulting from an act of God, an act of war, or
negligence of the United States;
    (iv) The application is for a new authorization to relocate
facilities or activities to comply with public health and safety or
environmental laws and regulations that were not in effect at the time
the authorization was issued;
    (v) The application is for a new authorization to relocate
facilities or activities because the land is needed by a Federal agency
or for a Federally funded project for an alternative public purpose; or
    (vi) The proposed facility, project, or use will provide, without
user or customer charges, a valuable benefit to the general public or to
the programs of the Secretary of Agriculture.
    (2) An applicant's or holder's request for a full or partial waiver
of a processing or monitoring fee must be in writing and must include an
analysis that demonstrates how one or more of the criteria in paragraphs
(f)(1)(i) through (f)(1)(vi) of this section apply.
    (g) Exemptions from processing or monitoring fees. No processing or
monitoring fees shall be charged when the application or authorization
is for a:
    (1) Noncommercial group use as defined in Sec. 251.51, or when the
application or authorization is to exempt a noncommercial activity from
a closure order, except for an application or authorization for access
to non-Federal lands within the boundaries of the National Forest System
granted pursuant to section 1323(a) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3210(a)).
    (2) Water systems authorized by section 501(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761(c)).
    (3) A use or activity conducted by a Federal agency that is not
authorized under Title V of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1761-1771); the Mineral Leasing Act of 1920 (30
U.S.C. 185); the National Historic Preservation Act of 1966 (16 U.S.C.
470h-2); or the Act of May 26, 2000 (16 U.S.C. 460l-6d).
    (4) Recreation special use as defined in the Forest Service's
directive system and requires 50 hours or less for Forest Service
personnel to process, except for situations involving multiple
recreation special use applications provided for in paragraph (c)(3) of
this section. No monitoring fees shall be charged for a recreation
special use authorization that requires 50 hours or less for Forest
Service personnel to monitor.
    (h) Appeal of decisions. (1) A decision by the authorized officer to
assess a processing or monitoring fee or to determine the fee category
or estimated costs is not subject to administrative appeal.
    (2) A decision by an authorized officer's immediate supervisor in
response to a request for substitution of an alternative fee category or
alternative estimated costs likewise is not subject to administrative
appeal.
    (i) Processing and monitoring fee schedules. (1) The Forest Service
shall maintain schedules for processing and monitoring fees in its
directive system (36 CFR 200.4). The rates in the schedules shall be
updated annually by using the annual rate of change, second quarter

[[Page 385]]

to second quarter, in the Implicit Price Deflator-Gross Domestic Product
(IPD-GDP) index. The Forest Service shall round the changes in the rates
either up or down to the nearest dollar.
    (2) Within 5 years of the effective date of this rule, March 23,
2006, the Forest Service shall review these rates:
    (i) To determine whether they are commensurate with the actual costs
incurred by the agency in conducting the processing and monitoring
activities covered by this rule and
    (ii) To assess consistency with processing and monitoring fee
schedules established by the United States Department of the Interior,
Bureau of Land Management.

[71 FR 8913, Feb. 21, 2006]



Sec. 251.59  Transfer of authorized improvements.

    If the holder, through death, voluntary sale, transfer, or through
enforcement of a valid legal proceeding or operation of law, ceases to
be the owner of the authorized improvements, the authorization
terminates upon change of ownership. Except for easements issued under
authorities other than Sec. 251.53(e) and leases and easements under
Sec. 251.53(l) of this subpart, the new owner of the authorized
improvements must apply for and receive a new special use authorization.
The new owner must meet requirements under applicable regulations of
this subpart and agree to comply with the terms and conditions of the
authorization and any new terms and conditions warranted by existing or
prospective circumstances.

[63 FR 65967, Nov. 30, 1998]



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(g)(3)(ii);
    (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) Judicial review. Revocation or suspension of a special use
authorization under this paragraph constitutes final agency action, is
not subject to administrative appeal, 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--(i) Revocation or suspension. An
authorized officer may revoke or suspend a special use authorization for
all other special uses, except a permit or an easement issued pursuant
to Sec. 251.53(e) or an easement issued under Sec. 251.53(l) of this
subpart:
    (A) For noncompliance with applicable statutes, regulations, or the
terms and conditions of the authorization;
    (B) For failure of the holder to exercise the rights or privileges
granted;
    (C) With the consent of the holder; or
    (D) At the discretion of the authorized officer for specific and
compelling reasons in the public interest.
    (ii) Administrative review. Except for revocation or suspension of
an easement issued pursuant to Sec. 251.53(e) or Sec. 251.53(l) of
this subpart, revocation or suspension of a special use authorization
under this paragraph is subject to appeal pursuant to 36 CFR part 214.
    (iii) Termination. For all special uses except noncommercial group
uses, a special use authorization terminates when, by its terms, a fixed
or agreed-upon condition, event, or time occurs. Termination of a
special use authorization under this paragraph does not involve agency
action and is not subject to administrative or judicial review.
    (b) For purposes of this section, the authorized officer is that
person who issues the authorization or that officer's successor.
    (c) A right-of-way authorization granted to another Federal agency
will

[[Page 386]]

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) Except when immediate suspension pursuant to paragraph (f) of
this section is indicated, the authorized officer shall give the holder
written notice of the grounds for suspension or revocation under
paragraph (a) of this section and reasonable time to cure any
noncompliance, prior to suspension or revocation pursuant to paragraph
(a) of this section.
    (f) Immediate suspension of a special use authorization, in whole or
in part, may be required when the authorized officer deems it necessary
to protect the public health or safety or the environment. In any such
case, within 48 hours of a request of the holder, the superior of the
authorized officer shall arrange for an on-site review of the adverse
conditions with the holder. Following this review, the superior officer
shall take prompt action to affirm, modify, or cancel the suspension.
    (g) The authorized officer may suspend or revoke permits or
easements issued under Sec. 251.53(e) or easements issued under Sec.
251.53(l) of this subpart under the Rules of Practice Governing Formal
Adjudicatory Administrative Proceedings instituted by the Secretary
under 7 CFR 1.130 through 1.151.
    (h)(1) The Chief may revoke 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 a 5-year period of nonuse by the owner
of the easement.
    (2) Before any such easement is revoked upon abandonment, the owner
of the easement shall be given notice and, upon the owner's request made
within 60 days after receipt of the notice, shall be given an appeal in
accordance with the provisions of 36 CFR part 214.
    (i) Upon revocation or termination of a special use authorization,
the holder must remove within a reasonable time the structures and
improvements and shall restore the site to a condition satisfactory to
the authorized officer, unless the requirement to remove structures or
improvements is 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 holder shall remain liable
for the costs of removal and site restoration.

[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; 63 FR 65968, Nov.
30, 1998; 74 FR 68381, Dec. 24, 2009; 75 FR 14995, Mar. 26, 2010; 75 FR
24802, May 6, 2010; 78 FR 33725, June 5, 2013]



Sec. 251.61  Applications for new, changed, or additional uses or area.

    (a) Holders shall file a new or amended application for
authorization of any new, changed, or additional uses or area, including
any changes that involve any activity that has an impact on the
environment, other uses, or the public. In approving or denying new,
changed, or additional uses or area, the authorized officer shall
consider, at a minimum, the findings or recommendations of other
affected agencies and whether to revise the terms and conditions of the
existing authorization or issue a new authorization. Once approved, any
new, changed, or additional uses or area must be reflected in the
existing or a new authorization.
    (b) A holder may be required to furnish as-built plans, maps, or
surveys upon completion of construction.

[78 FR 33725, June 5, 2013]



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 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

[[Page 387]]

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. Special uses may be reauthorized upon expiration so long as
such use remains consistent with the decision that approved the expiring
special use or group of uses. If significant new information or
circumstances have developed, appropriate environmental analysis must
accompany the decision to reauthorize the special use.
    (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.

[45 FR 38327, June 6, 1980, as amended at 63 FR 65968, Nov. 30, 1998]



Sec. 251.65  Information collection requirements.

    The rules of this subpart governing special use proposals and
applications (Sec. 251.54), terms and conditions (Sec. 251.56), rental
fees (Sec. 251.57), and modifications (Sec. 251.61) specify the
information that proponents or applicants for special use authorizations
or holders of existing authorizations must provide to allow an
authorized officer to act on a request or administer the authorization.
Therefore, these rules contain information collection requirements as
defined in 5 CFR part 1320. These information collection requirements
are assigned OMB Control Number 0596-0082.

[74 FR 68382, Dec. 24, 2009]

Subpart C [Reserved]



                  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

[[Page 388]]

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 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.

[[Page 389]]



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 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

[[Page 390]]

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 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.



         Subpart E_Revenue-Producing Visitor Services in Alaska

    Authority: 16 U.S.C. 3197.

    Source: 68 FR 35121, June 11, 2003, unless otherwise noted.



Sec. 251.120  Applicability and scope.

    (a) These regulations implement section 1307 of the Alaska National
Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3197) with regard to
the continuation of visitor services offered as of January 1, 1979, and
the granting of a preference to local residents and certain Native
Corporations to obtain special use authorizations for visitor services
provided on National Forest System lands within Conservation System
Units of the Tongass and Chugach National Forests in Alaska.
    (b) Except as may be specifically provided in this subpart, the
regulations at subpart B shall apply to special use authorizations
issued under this subpart. However, if subpart B conflicts with subpart
E, subpart E controls.
    (c) This subpart does not apply to the guiding of sport hunting and
fishing.



Sec. 251.121  Definitions.

    In addition to the definitions in subpart B of this part, the
following terms apply to this subpart:
    Best application--the application, as determined by the authorized
officer, that best meets the evaluation criteria contained in a
prospectus to solicit visitor services.
    Conservation System Unit (CSU) as it relates to the Tongass and
Chugach National Forests in Alaska--a National Forest Monument or any
unit of the National Wild and Scenic Rivers System, National Trails
System, or National Wilderness Preservation System, including existing
units and any such unit established, designated, or expanded hereafter.
    Controlling interest--in the case of a corporation, an interest,
beneficial or otherwise, of sufficient outstanding voting securities or
capital of the business so as to permit the exercise of managerial
authority over the actions and operations of the corporation or election
of a majority of the board of directors of the corporation. In the case
of a partnership, limited partnership, joint venture, or individual
entrepreneurship, a beneficial ownership of or interest in the entity or
its capital so as to permit the exercise of managerial authority over
the actions and operations of the entity. In other circumstances, any
arrangement under which a third party has the ability to exercise
management authority over the actions or operations of the business.
    Historical operator--a holder of a valid special use authorization
to provide visitor services in a CSU under Forest Service jurisdiction
who:
    (1) On or before January 1, 1979, was lawfully and adequately
providing visitor services in that CSU;
    (2) Has continued lawfully and adequately to provide the same or
similar types of visitor services within that CSU; and
    (3) Is otherwise determined by the authorized officer to have a
right to continue to provide the same or similar visitor services.
    Local area--any site within 100 miles of the location within a CSU
where any visitor services covered by a single solicitation by the
Forest Service are to be authorized.
    Local resident:
    (1) For individuals--Alaska residents who have lived within the
local area for 12 consecutive months prior to

[[Page 391]]

issuance of a solicitation of applications for a visitor services
authorization for a CSU; who maintain their primary, permanent residence
and business within the local area; and who, whenever absent from this
primary, permanent residence, have the intention of returning to it.
    (2) For corporations, partnerships, limited partnerships, joint
ventures, individual entrepreneurships, and other circumstances--where
the controlling interest is held by an individual or individuals who
qualify as local residents within the meaning of this section.
    (3) For nonprofit entities--where a majority of the board members
and a majority of the officers qualify as local residents within the
meaning of this section.
    Native Corporation has the same meaning as under section 102(6) of
ANILCA (16 U.S.C. 3197).
    Preferred operator--a Native Corporation that is determined,
pursuant to Sec. 251.123, to be most directly affected by establishment
or expansion of a CSU; or a local resident, as defined in this section,
who competes for a visitor service special use authorization under Sec.
251.124 of this subpart.
    Responsive application--an application that is received in a timely
manner and that meets the requirements stated in the prospectus.
    Visitor service--any service or activity for which persons who visit
a CSU pay a fee, commission, brokerage, or other compensation, including
such services as providing food, accommodations, transportation, tours,
and outfitting and guiding, except the guiding of sport hunting and
fishing.



Sec. 251.122  Historical operator special use authorizations.

    (a) A historical operator has the right to continue to provide
visitor services under appropriate terms and conditions contained in a
special use authorization, as long as such services are determined by
the authorized officer to be consistent with the purposes for which the
CSU was established or expanded. A historical operator may not operate
without such an authorization.
    (b) Any person who qualifies as a historical operator under this
subpart and who wishes to exercise the rights granted to historical
operators under section 1307(a) of ANILCA (16 U.S.C. 1397(a)) must
notify the authorized officer responsible for the CSU.
    (c) A historical operator may apply for a special use authorization
to provide visitor services similar to but in lieu of those provided by
that historical operator before January 1, 1979. The authorized officer
shall grant the application if those visitor services are determined by
the authorized officer to be:
    (1) Consistent with the purposes for which the applicable CSU was
established or expanded;
    (2) Similar in kind and scope to the visitor services provided by
the historical operator before January 1, 1979; and
    (3) Consistent with the legal rights of any other person.
    (d) Upon the authorized officer's determination that the person
qualifies as a historical operator, under either paragraph (a) or
paragraph (c) of this section, the authorized officer shall amend the
current special use authorization or issue a new special use
authorization to identify that portion of the authorized services that
is deemed to be historical operations. The special use authorization
shall identify the location, type, and frequency or volume of visitor
services to be provided.
    (e) When a historical operator's special use authorization expires,
the authorized officer shall offer to reissue the special use
authorization for the same or similar visitor services, as long as the
visitor services remain consistent with the purposes for which the CSU
was established or expanded, the historical operator was lawfully and
adequately providing visitor services under the previous special use
authorization, and the historical operator continues to possess the
capability to provide the visitor services adequately.
    (1) If the operator accepts the offer to reissue, the authorized
officer shall issue a new special use authorization that clearly
identifies the historical operations as required by paragraph (d) of
this section.
    (2) If the authorized officer determines that it is necessary to
reduce the

[[Page 392]]

visitor services to be provided by a historical operator, the authorized
officer shall modify the historical operator's special use authorization
to reflect the reduced services as follows:
    (i) If more than one historical operator provides services in the
area where visitor service capacity is to be reduced, the authorized
officer shall apportion the reduction among the historical operators,
taking into account historical operating levels and such other factors
as are relevant to achieve a proportionate reduction among the
operators.
    (ii) If the reductions in visitor service capacity make it necessary
to reduce operators in an area, the authorized officer shall select,
through a competitive process that is limited to historical operators
only, the operator or operators to receive a special use authorization
from among the historical operators. Historical operators participating
in this competitive process may not claim a preference as a preferred
operator under Sec. 251.124.
    (f) Any of the following shall result in the loss of historical
operator status:
    (1) Revocation of a special use authorization for historical types
and levels of visitor services for failure to comply with the terms and
conditions of the special use authorization;
    (2) A historical operator's refusal of an offer to reissue a special
use authorization made pursuant to paragraph (e) of this section;
    (3) A change in the controlling interest of a historical operator
through sale, assignment, devise, transfer, or otherwise, except as
provided in paragraph (g) of this section; or
    (4) An operator's failure to provide the authorized services for a
period of more than 24 consecutive months.
    (g) A change in the controlling interest of a historical operator
that results only in the acquisition of the controlling interest by an
individual or individuals, who were personally engaged in the visitor
service activities of the historical operator before January 1, 1979,
shall not be deemed a change in the historical operator's controlling
interest for the purposes of this subpart.
    (h) Nothing in this section shall prohibit the authorized officer
from authorizing persons other than historical operators to provide
visitor services in the same area, as long as historical operators
receive authorization to provide visitor services that are the same as
or similar to those they provided on or before January 1, 1979.
    (i) If an authorized officer grants to a historical operator an
increase in the scope or level of visitor services from what was
provided on or before January 1, 1979, beyond what was authorized under
paragraph (d) of this section, for either the same or similar visitor
services, the historical operator has no right of preference for the
increased amount of authorized services. If additional operations are
authorized, the special use authorization shall explicitly state that
they are not subject to the historical operator preference.



Sec. 251.123  Most directly affected Native Corporation determination.

    (a) Before issuance of the first special use authorization for a
specific CSU pursuant to Sec. 251.124 on or after the effective date of
this subpart, the authorized officer shall give notice to Native
Corporations interested in providing visitor services within the CSU and
give them an opportunity to submit an application to be considered the
Native Corporation most directly affected by the establishment or
expansion of the CSU under section 1307(b) of ANILCA (16 U.S.C.
1397(b)). In giving notice of the application procedure, the authorized
officer shall make clear that this is the only opportunity to apply for
most directly affected status for that particular CSU.
    (1) At a minimum, an application from an interested Native
Corporation shall include the following:
    (i) Name, address, and telephone number of the Native Corporation;
date of its incorporation; its articles of incorporation and structure;
and the name of the applicable CSU and the solicitation to which the
Native Corporation is responding;
    (ii) Location of the Native Corporation's population centers; and
    (iii) An assessment of the socioeconomic impacts (including changes
in historical and traditional use and landownership patterns) on the
Native

[[Page 393]]

Corporation resulting from establishment or expansion of the applicable
CSU.
    (2) In addition to the minimum information required by paragraph
(a)(1) of this section, Native Corporations may submit such additional
information as they consider relevant.
    (b) Upon receipt of all applications from interested Native
Corporations, the authorized officer shall determine the most directly
affected Native Corporation considering the following factors:
    (1) Distance and accessibility from the Native Corporation's
population centers and/or business address to the applicable CSU;
    (2) Socioeconomic impacts (including changes in historical and
traditional use and landownership patterns) on Native Corporations
resulting from establishment or expansion of the applicable CSU; and
    (3) Information provided by Native Corporations and other
information considered relevant by the authorized officer to assessment
of the effects of establishment or expansion of the applicable CSU.
    (c) In the event that two or more Native Corporations are determined
to be equally affected for purposes of the most directly affected Native
Corporation determination pursuant to this section, each such Native
Corporation shall be considered a preferred operator under this subpart.
    (d) A Native Corporation determined to be most directly affected for
a CSU shall maintain that status for all future visitor service
solicitations for that CSU.



Sec. 251.124  Preferred operator competitive special use authorization
procedures.

    (a) In selecting persons to provide visitor services for a CSU, the
authorized officer shall, if the number of visitor service
authorizations is to be limited, give a preference (subject to any
rights of historical operators under this subpart) to preferred
operators as defined in this subpart who are determined to be qualified
to provide such visitor services.
    (b) In such circumstances, the authorized officer shall solicit
applications competitively by issuing a prospectus for persons to apply
for a visitor services authorization. Notwithstanding Forest Service
outfitting and guiding policy in Forest Service Handbook 2709.11,
chapter 40, when authorizations, including priority use permits for
activities other than sport hunting and fishing, expire in accordance
with their terms, they shall not be reissued if there is a need to limit
use and when there is competitive interest by preferred operators.
    (c) To qualify as a preferred operator under this subpart, an
applicant responding to a solicitation made under this section must be
determined by the authorized officer to be a local resident as defined
in Sec. 251.121 of this subpart, or the Native Corporation most
directly affected by establishment or expansion of the CSU covered by
the solicitation pursuant to Sec. 251.123 of this subpart.
    (d) Applicants seeking preferred operator status based on local
residency must provide documentation verifying their claim. Factors
demonstrating the location of an individual's primary, permanent
residence and business include, but are not limited to, the permanent
address indicated on licenses issued by the State of Alaska, tax
returns, and voter registration.
    (e) An application from a preferred operator in the form of a
corporation, partnership, limited partnership, joint venture, individual
entrepreneurship, nonprofit entity, or other form of organization shall
be considered valid only when the application documents to the
satisfaction of the authorized officer that the preferred operator holds
the controlling interest in the corporation, partnership, limited
partnership, joint venture, individual entrepreneurship, nonprofit
entity, or other form of organization.
    (f) A qualified preferred operator shall be given preference,
pursuant to paragraph (g) of this section, over all other applicants,
except with respect to use allocated to historical operators pursuant to
Sec. 251.122 of this subpart.
    (g) If the best application from a preferred operator is at least
substantially equal to the best application from a non-preferred
operator, the preferred operator shall be issued the visitor service
authorization. If an application

[[Page 394]]

from an applicant other than a preferred operator is determined to be
the best application (and no preferred operator submits a responsive
application that is substantially equal to it), the preferred operator
who submitted the best application from among the applications submitted
by preferred operators shall be given the opportunity, by amending its
application, to meet the terms and conditions of the best application
received. If the amended application of that preferred operator is
considered by the authorized officer to be at least substantially equal
to the best application, the preferred operator shall be issued the
visitor service authorization. If a preferred operator does not amend
its application to meet the terms and conditions of the best
application, the authorized officer shall issue the visitor service
authorization to the applicant who submitted the best application in
response to the prospectus.



Sec. 251.125  Preferred operator privileges and limitations.

    (a) A preferred operator has no preference within a National Forest
in Alaska beyond that authorized by section 1307 of ANILCA (16 U.S.C.
1397) and by Sec. 251.124 of this subpart.
    (b) Local residents and most directly affected Native Corporations
have equal priority for consideration in providing visitor services
pursuant to Sec. 251.124 of this subpart.
    (c) Nothing in this subpart shall prohibit the authorized officer
from issuing special use authorizations to other applicants within the
CSU, as long as the requirements of Sec. 251.124 are met.
    (d) If an operator qualifies as a local resident for any part of an
area designated in the solicitation for a specific visitor service, in
matters related solely to that solicitation, the operator shall be
treated as a local resident for the entire area covered by that
solicitation.
    (e) The preferences described in this section may not be sold,
assigned, transferred, or devised, either directly or indirectly, in
whole or in part.



Sec. 251.126  Appeals.

    Decisions related to the issuance of special use authorizations in
response to written solicitations by the Forest Service under this
subpart or related to the modification of special use authorizations to
reflect historical use are subject to administrative appeal under 36 CFR
part 214.

[78 FR 33725, June 5, 2013]



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.

[[Page 395]]



                        Subpart A_Land Exchanges

    Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 486, 516,
551, 555a; 43 U.S.C. 1701, 1715, 1716, 1740.

    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, 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

[[Page 396]]

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.
    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.

[[Page 397]]

    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--
    (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

[[Page 398]]

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 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

[[Page 399]]

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 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.

[[Page 400]]

    (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 the 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 214 or 215.

[59 FR 10867, Mar. 8, 1984, as amended at 64 FR 25822, May 13, 1999; 78
FR 33725, June 5, 2013]



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.
    (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

[[Page 401]]

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 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

[[Page 402]]

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 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;

[[Page 403]]

    (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 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

[[Page 404]]

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;
    (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

[[Page 405]]

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) The decision to approve or disapprove an exchange proposal shall
be subject to appeal as provided under 36 CFR part 214 or 215 for 45
days after the date of publication of a notice of availability of the
decision.

[59 FR 10867, Mar. 8, 1994, as amended at 64 FR 25822, May 13, 1999; 78
FR 33725, June 5, 2013]



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:
    (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 214 or 215, 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, as amended at 64
FR 25822, May 13, 1999; 78 FR 33725, June 5, 2013]

[[Page 406]]



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 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 there are specific and
compelling reasons in the public interest for revoking the authorization
for that use pursuant to 36 CFR 251.60.

[59 FR 10867, Mar. 8, 1994, as amended at 78 FR 33726, June 5, 2013]

[[Page 407]]



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 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

[[Page 408]]

    (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 land will meet essential community needs resulting from internal
growth;
    (2) Determine if lands applied for would serve indigenous community
objectives that outweigh 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 Sec. Sec. 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

[[Page 409]]

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 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,

[[Page 410]]

    (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.



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;

[[Page 411]]

    (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.



Sec. Sec. 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, 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.

[[Page 412]]

261.7 Livestock.
261.8 Fish and wildlife.
261.9 Property.
261.10 Occupancy and use.
261.11 Sanitation.
261.12 National Forest System roads and trails.
261.13 Motor vehicle use.
261.14 Use by over-snow vehicles.
261.15 Use of vehicles off roads.
261.16 Developed recreation sites.
261.17 Recreation fees.
261.18 National Forest Wilderness.
261.19 Boundary Waters Canoe Area Wilderness.
261.20 Pacific Crest National Scenic Trail.
261.21 National Forest primitive areas.
261.22 Unauthorized use of ``Smokey Bear'' and ``Woodsy Owl'' symbol.
261.23 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 National Forest System 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]

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 551, 620(f), 1133(c),
(d)(1), 1246(i).

    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
National Forest System 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 National Forest System 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.
    (c) Unless an offense set out in this part specifies that intent is
required, intent is not an element of any offense under this part.
    (d) None of these prohibitions apply to any person engaged in fire
suppression actions.

[42 FR 35958, July 13, 1977, as amended at 43 FR 32136, July 25, 1978;
46 FR 33519, June 30, 1981; 66 FR 3218, Jan. 12, 2001; 73 FR 30307, May
27, 2008]



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

[[Page 413]]

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:
    Administrative unit. A National Forest, a National Grassland, a
purchase unit, a land utilization project, Columbia River Gorge National
Scenic Area, Land Between the Lakes, Lake Tahoe Basin Management Unit,
Midewin National Tallgrass Prairie, or other comparable unit of the
National Forest System.
    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.
    Area. A discrete, specifically delineated space that is smaller, and
in most cases much smaller, than a Ranger District.
    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.
    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 officer means an employee of the Forest Service.
    Forest road or trail. A road or trail wholly or partly within or
adjacent to and serving the National Forest System that the Forest
Service determines is necessary for the protection, administration, and
utilization of the National Forest System and the use and development of
its resources.
    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.
    Indian tribe means any Indian or Alaska Native tribe, band, nation,
pueblo, village, or other community that is included on a list published
by

[[Page 414]]

the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
    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, other than:
    (1) A vehicle operated on rails; and
    (2) Any wheelchair or mobility device, including one that is
battery-powered, that is designed solely for use by a mobility-impaired
person for locomotion and that is suitable for use in an indoor
pedestrian area.
    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 System road. A forest road other than a road which
has been authorized by a legally documented right-of-way held by a
State, county, or other local public road authority.
    National Forest System trail. A forest trail other than a trail
which has been authorized by a legally documented right-of-way held by a
State, county, or other local public road authority.
    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 the following documents, providing that the
document has been issued or approved by the Forest Service: A plan of
operations as provided for in 36 CFR part 228, subparts A and D, and 36
CFR part 292, subparts C and G; a supplemental plan of operations as
provided for in 36 CFR part 228, subpart A, and 36 CFR part 292, subpart
G; an operating plan as provided for in 36 CFR part 228, subpart C, and
36 CFR part 292, subpart G; an amended operating plan and a reclamation
plan as provided for in 36 CFR part 292, subpart G; a surface use plan
of operations as provided for in 36 CFR part 228, subpart E; a
supplemental surface use plan of operations as provided for in 36 CFR
part 228, subpart E; a permit as provided for in 36 CFR 251.15; and an
operating plan and a letter of authorization as provided for in 36 CFR
part 292, subpart D.
    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.
    Prescribed fire means a planned and intentionally lit fire allowed
to burn within the requirements of Federal or State laws, regulations,
or permits.
    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 failed to cover both breasts below a

[[Page 415]]

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.
    Recreation fee means a standard amenity recreation fee, an expanded
amenity recreation fee, or a special recreation permit fee as defined in
section 802(8) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801(8)).
    Residence. Any structure or shelter, whether temporary or permanent,
including, but not limited to, buildings, buses, cabins, campers,
houses, lean-tos, mills, mobile homes, motor homes, pole barns,
recreational vehicles, sheds, shops, tents and trailers, which is being
used, capable of being used, or designed to be used, in whole or in
part, full or part-time, as living or sleeping quarters by any person,
including a guard or watchman.
    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.
    Traditional and cultural purpose means, with respect to a definable
use, area, or practice, that it is identified by an Indian tribe as
traditional or cultural because of its long-established significance or
ceremonial nature for the Indian tribe.
    Unauthorized livestock means any cattle, sheep, goat, hog, or equine
not defined 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 noncommercial 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]

    Editorial Note: For Federal Register citations affecting Sec.
261.2, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.



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

[[Page 416]]

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]



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) Causing and failing to maintain control of a fire that is not a
prescribed fire that damages the National Forest System.
    (f) Building, attending, maintaining, or using a campfire without
removing all flammable material from around the campfire adequate to
prevent its escape.
    (g) Negligently failing to maintain control of a prescribed fire on
Non-National Forest System lands that damages the National Forest
System.

[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 73
FR 30307, May 27, 2008]



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 Sec. Sec. 223.5 through 223.11.
    (g) Violating any timber export or substitution restriction in
Sec. Sec. 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

[[Page 417]]

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]

    Effective Date Note: At 73 FR 79392, Dec. 29, 2008, Sec. 261.6 was
revised, effective Jan. 28, 2009. At 74 FR 5107, Jan. 29, 2009, the
amendment was delayed until Mar. 30, 2009. At 74 FR 14049, Mar. 30,
2009, the amendment was further delayed until May 29, 2009. At 74 FR
26091, June 1, 2009, the amendment was delayed indefinitely. For the
convenience of the user, the revised text is set forth as follows:



Sec. 261.6  Timber and other forest products.

    The following are prohibited:
    (a) Cutting, removing, or otherwise damaging any timber, tree, or
other forest product, including special forest products and forest
botanical products, except as authorized by Federal law, regulation,
permit, contract, special use authorization, free-use authorization, or
personal-use authorization.
    (b) Cutting any standing tree under any permit or contract before a
Forest Officer has marked it or has otherwise designated it for cutting.
    (c) Unless otherwise provided for in any permit or contract,
removing any timber or other forest product, including special forest
products and forest botanical products, except to a place designated for
scaling, measuring, counting, or other method of accounting by a forest
officer.
    (d) Stamping, marking with paint, or otherwise identifying any tree,
or other forest product, including special forest products and forest
botanical products, in a manner similar to that employed by forest
officers to mark or designated a tree or any other forest product for
cutting, or removal.
    (e) Loading, removing or hauling timber, or other forest products,
including special forest products and forest botanical products,
acquired under any permit, contract, free-use authorization, memorandum
of agreement, memorandum of understanding, or personal-use authorization
unless such product is designated for loading, removing, or hauling as
required or authorized in such permit, contract, free-use authorization,
memorandum of agreement, memorandum of understanding, or personal-use
authorization
    (f) Selling or exchanging any timber or other forest product,
including special forest products and forest botanical products,
obtained under free use or personal use pursuant to Sec. Sec. 223.5
through 223.11, Sec. 223.239 or Sec. 223.279 of this chapter.
    (g) Violating any timber export or substitution restriction in
Sec. Sec. 223.160 through 223.164 of this chapter.
    (h) Violating the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620, et seq.), or its implementing regulations at
Sec. Sec. 223.185 through 223.203 of this chapter.



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:
    (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.

[[Page 418]]

    (b) Removing any natural feature or other property of the United
States.
    (c) Damaging any plant that is classified as a threatened,
endangered, sensitive, rare, or unique species.
    (d) Removing any plant that is classified as a threatened,
endangered, sensitive, 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, significant
surface disturbance, or other improvement on National Forest System
lands or facilities without a special-use authorization, contract, or
approved operating plan when such authorization is required.
    (b) Construction, reconstructing, improving, maintaining, occupying
or using a residence on National Forest System lands unless authorized
by a special-use authorization or approved operating plan when such
authorization is required.
    (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 National Forest System 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
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.

[[Page 419]]

    (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.
    (p) Use or occupancy of National Forest System lands or facilities
without an approved operating plan when such authorization is required.

[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; 66 FR 3218, Jan. 12, 2001; 69 FR
41965, July 13, 2004; 73 FR 65999, Nov. 6, 2008]



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  National Forest System 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  Motor vehicle use.

    After National Forest System roads, National Forest System trails,
and areas on National Forest System lands have been designated pursuant
to 36 CFR 212.51 on an administrative unit or a Ranger District of the
National Forest System, and these designations have been identified on a
motor vehicle use map, it is prohibited to possess or operate a motor
vehicle on National Forest System lands in that administrative unit or
Ranger District other than in accordance with those designations,
provided that the following vehicles and uses are exempted from this
prohibition:
    (a) Aircraft;
    (b) Watercraft;
    (c) Over-snow vehicles;
    (d) Limited administrative use by the Forest Service;
    (e) Use of any fire, military, emergency, or law enforcement vehicle
for emergency purposes;
    (f) Authorized use of any combat or combat support vehicle for
national defense purposes;
    (g) Law enforcement response to violations of law, including
pursuit;
    (h) Motor vehicle use that is specifically authorized under a
written authorization issued under Federal law or regulations; and
    (i) Use of a road or trail that is authorized by a legally
documented right-of-way held by a State, county, or other local public
road authority.

[70 FR 68291, Nov. 9, 2005]



Sec. 261.14  Use by over-snow vehicles.

    It is prohibited to possess or operate an over-snow vehicle on
National Forest System lands in violation of a restriction or
prohibition established

[[Page 420]]

pursuant to 36 CFR part 212, subpart C, provided that the following uses
are exempted from this section:
    (a) Limited administrative use by the Forest Service;
    (b) Use of any fire, military, emergency, or law enforcement vehicle
for emergency purposes;
    (c) Authorized use of any combat or combat support vehicle for
national defense purposes;
    (d) Law enforcement response to violations of law, including
pursuit;
    (e) Use by over-snow vehicles that is specifically authorized under
a written authorization issued under Federal law or regulations; and
    (f) Use of a road or trail that is authorized by a legally
documented right-of-way held by a State, county, or other local public
road authority.

[70 FR 68291, Nov. 9, 2005]



Sec. 261.15  Use of vehicles off roads.

    It is prohibited to operate any vehicle off National Forest System,
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.
    (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; 66
FR 3218, Jan. 12, 2001. Redesignated at 70 FR 68291, Nov. 9, 2005]



Sec. 261.16  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 service
animal, 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 service animal.
    (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.

[[Page 421]]

    (p) Depositing any body waste except into receptacles 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. Redesignated at 70
FR 68291, Nov. 9, 2005; 76 FR 58404, Sept. 21, 2011]



Sec. 261.17  Recreation fees.

    Failure to pay any recreation fee is prohibited. Notwithstanding 18
U.S.C. 3571(e), the fine imposed for the first offense of nonpayment
shall not exceed $100.

[70 FR 70498, Nov. 22, 2005]



Sec. 261.18  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. Redesignated at 70 FR 68291, Nov. 9, 2005]



Sec. 261.19  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 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. Redesignated at 70
FR 68291, Nov. 9, 2005]



Sec. 261.20  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. Redesignated at 70 FR 68291, Nov. 9, 2005]



Sec. 261.21  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. Redesignated at 70 FR 68291, Nov. 9, 2005]



Sec. 261.22  Unauthorized use of ``Smokey Bear'' and ``Woodsy Owl''
symbol.

    (a) Manufacture, importation, reproduction, or use of ``Smokey
Bear'' except as provided under Sec. Sec. 271.2, 271.3, or 271.4 is
prohibited.
    (b) Manufacture, importation, reproduction, or use of ``Woodsy Owl''
except as provided under Sec. Sec. 272.2, 272.3, or 272.4 is
prohibited.

[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977. Redesignated at
70 FR 68291, Nov. 9, 2005]



Sec. 261.23  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.

[[Page 422]]

    (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. Redesignated at 70 FR 68291, Nov. 9, 2005]



           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 National Forest System 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;
    (4) Any Federal, State, or local officer, or member of an organized
rescue or fire fighting force in the performance of an official 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 National Forest System 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; 66 FR 3218, Jan.
12, 2001]



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.

[[Page 423]]

    (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 that is properly installed, maintained,
and in effective working order in accordance with U.S. Forest Service
Standard 5100-1.
    (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; 77 FR 58493, Sept.
21, 2012]



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.
    (g) The privacy of tribal activities for traditional and cultural
purposes. Closure to protect the privacy of tribal activities for
traditional and cultural purposes must be requested by an Indian tribe;
is subject to approval by the Forest Service; shall be temporary; and
shall affect the smallest practicable area for the minimum period
necessary for activities of the requesting Indian tribe.

[42 FR 2957, Jan. 14, 1977, as amended at 76 FR 3017, Jan. 19, 2011]



Sec. 261.54  National Forest System 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]



Sec. 261.55  National Forest System trails.

    When provided by an order issued in accordance with Sec. 261.50 of
this subpart, the following are prohibited on a National Forest System
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, as amended at 69 FR 41965, July 13, 2004;
70 FR 68291, Nov. 9, 2005]



Sec. 261.56  Use of vehicles off National Forest System roads.

    When provided by an order, it is prohibited to possess or use a
vehicle off National Forest System roads.

[42 FR 2957, Jan. 14, 1977, as amended at 66 FR 3218, Jan. 12, 2001]



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.

[[Page 424]]

    (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 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.

[[Page 425]]

    (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]



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.

[[Page 426]]

    (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)).



                     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;

[[Page 427]]

    (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.
    (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

[[Page 428]]

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 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

[[Page 429]]

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 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

[[Page 430]]

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 pursuant 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, 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

[[Page 431]]

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
Monument 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.



Sec. 264.13  Unauthorized use.

    Except as provided in Sec. Sec. 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

[[Page 432]]

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 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

[[Page 433]]

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.
    (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.

[[Page 434]]

    (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 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).

[[Page 435]]



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.
    (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

[[Page 436]]

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 Cave
Resources Protection Act of 1988 (16 U.S.C. 4304).



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.

[[Page 437]]

        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.
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

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



Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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

[[Page 438]]

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 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
Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec.
292.11 to 292.13.
    (c) Variances or exceptions to application of ordinances. (1) The
Secretary shall be given written notice of any

[[Page 439]]

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 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 Sec. Sec. 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 Sec. Sec. 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

[[Page 440]]

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 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 Sec. Sec. 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

[[Page 441]]

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.



        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 disturbance 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]

[[Page 442]]



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 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

[[Page 443]]

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.
    (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. Denial or revocation of a certification of compliance
under this subpart is subject to appeal under 36 CFR part 214.
    (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; 78 FR 33726, June 5, 2013]



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.

[[Page 444]]

    (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.
    (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.

[[Page 445]]

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 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 850 square feet and to be
limited to one story not more than 22 feet in height.
    (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

[[Page 446]]

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 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, as amended at 69 FR 55094, Sept. 13, 2004]



        Subpart D_Sawtooth National Recreation Area_Federal Lands

    Authority: 16 U.S.C. 460aa-10, 478, 551.



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.

[[Page 447]]

    (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, 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 conducting 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 ownership 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 transportation 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

[[Page 448]]

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 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, revocation, or modification. The
authorized officer may suspend or revoke 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 operating plan, the operator may be required to modify
the operating plan 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, as amended at 78 FR 33726, June 5, 2013]

[[Page 449]]



      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 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

[[Page 450]]

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 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.

[[Page 451]]

    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 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

[[Page 452]]

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.
    (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.

[[Page 453]]



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.

    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.

[[Page 454]]

    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.
    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 Sec. Sec. 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.

[[Page 455]]

    (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.
    (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

[[Page 456]]

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 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.

[[Page 457]]

    (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 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.

[[Page 458]]

    (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 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

[[Page 459]]

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.

                           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 Sec. Sec. 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

[[Page 460]]

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.
    (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

[[Page 461]]

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, 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

[[Page 462]]

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 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,

[[Page 463]]

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, 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
(Sec. Sec. 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 legislation, 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

[[Page 464]]

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.
    (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 Sec. Sec. 294.2(b),
294.2(c), and 294.2(e), paragraphs (c) and (d) of this section, and
Sec. Sec. 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,

[[Page 465]]

shavers, and Geiger counters are not classed as motorized equipment.
    (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

[[Page 466]]

shall be permitted access to such surrounded occupancies by means
consistent with the preservation of National Forest Wilderness which
have been or 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

[[Page 467]]

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 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

[[Page 468]]

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 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.

                   Subpart A_Miscellaneous Provisions

294.1 Recreation areas.
294.2 Navigation of aircraft within airspace reservation over the
          Boundary Waters Canoe Area Wilderness, Superior National
          Forest, Minnesota.
294.3-294.9 [Reserved]

   Subpart B_State Petitions for Inventoried Roadless Area Management

294.10 Purpose.
294.11 Definition.
294.12 State petitions.
294.13 Petition process.
294.14 Petition contents.
294.15 Advisory committee review.
294.16 State-specific rulemaking.
294.17 Scope and applicability.
294.18 Severability.

                Subpart C_Idaho Roadless Area Management

294.20 Purpose.
294.21 Definitions.
294.22 Idaho Roadless Areas.
294.23 Road construction and reconstruction in Idaho Roadless Areas.
294.24 Timber cutting, sale, or removal in Idaho Roadless Areas.
294.25 Mineral activities in Idaho Roadless Areas.
294.26 Other activities in Idaho Roadless Areas.
294.27 Corrections and modifications.
294.28 Scope and applicability.
294.29 List of designated Idaho Roadless Areas.

               Subpart D_Colorado Roadless Area Management

294.40 Purpose.
294.41 Definitions.
294.42 Prohibitions on tree cutting, sale, or removal.
294.43 Prohibition on road construction and reconstruction.
294.44 Prohibition on linear construction zones.
294.45 Environmental documentation.
294.46 Other activities.
294.47 Modifications and administrative corrections.
294.48 Scope and applicability.
294.49 List of designated Colorado Roadless Areas.



                   Subpart A_Miscellaneous Provisions

    Authority: 16 U.S.C. 472, 551, and 1131.



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

[[Page 469]]

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 recreation 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.

[38 FR 5859, Mar. 5, 1973, as amended at 66 FR 3272, Jan. 12, 2001]



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 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 Sec. Sec. 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.

[38 FR 5859, Mar. 5, 1973, as amended at 50 FR 16232, Apr. 25, 1985; 66
FR 3272, Jan. 12, 2001]



Sec. Sec. 294.3-294.9  [Reserved]



   Subpart B_State Petitions for Inventoried Roadless Area Management

    Authority: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201, 205.

    Source: 70 FR 25661, May 13, 2005, unless otherwise noted.

[[Page 470]]



Sec. 294.10  Purpose.

    The purpose of these administrative procedures is to set forth a
process for State-specific rulemaking to address the management of
inventoried roadless areas in areas where the Secretary determines that
regulatory direction is appropriate based on a petition from the
affected Governor.



Sec. 294.11  Definition.

    Inventoried roadless areas--Areas identified in a set of inventoried
roadless area maps, contained in the Forest Service Roadless Area
Conservation, Final Environmental Impact Statement, Volume 2, dated
November 2000, and any subsequent update or revision of those maps
through the land management planning process.



Sec. 294.12  State petitions.

    The Governor of any State or territory that contains National Forest
System lands may petition the Secretary of Agriculture to promulgate
regulations establishing management requirements for all or any portion
of National Forest System inventoried roadless areas within that State
or territory. Any such petition must be submitted to the Secretary of
Agriculture not later than November 13, 2006.



Sec. 294.13  Petition process.

    (a) Review and consideration of petitions made pursuant to Sec.
294.12 shall be accomplished as follows:
    (1) Review. The Secretary shall review petitions and may request
additional information from a petitioner before deciding whether to
accept the petition. If the Secretary requests additional information
from a petitioner, the petition will be considered complete when the
petitioner provides the additional information.
    (2) Disposition. The Secretary or the Secretary's designee shall
respond to the petition within 180 days of receipt of a completed
petition. The response shall accept or decline the petition to initiate
a State-specific rulemaking.



Sec. 294.14  Petition contents.

    (a) Any petition made pursuant to Sec. 294.12 shall provide the
following:
    (1) The location and description of the particular lands for which
the petition is being made, including maps and other appropriate
resources in sufficient detail to enable consideration of the petition;
    (2) The particular management requirements recommended for the lands
and any exceptions;
    (3) The identification of the circumstances and needs intended to be
addressed by the petition, including conserving roadless area values and
characteristics; protecting human health and safety; reducing hazardous
fuels and restoring essential wildlife habitats; maintaining existing
facilities such as dams, or providing reasonable access to public and
private property or public and privately owned facilities; and technical
corrections to existing maps such as boundary adjustments to remove
existing roaded areas;
    (4) A description of how the recommended management requirements
identified in paragraph (a)(2) of this section differ from existing
applicable land management plan(s) or policies related to inventoried
roadless area management, and how they would comply with applicable laws
and regulations;
    (5) A description of how the recommended management requirements
identified in paragraph (a)(2) of this section compare to existing State
or local land conservation policies and direction set forth in any
applicable State or local land and resource management plan(s);
    (6) A description of how the recommended management requirements
identified in paragraph (a)(2) of this section would affect the fish and
wildlife that utilize the particular lands in question and their
habitat;
    (7) A description of any public involvement efforts undertaken by
the petitioner during development of the petition, including efforts to
engage Tribal and local governments, and persons with expertise in fish
and wildlife biology, fish and wildlife management, forest management,
outdoor recreation, and other important disciplines; and
    (8) A commitment by the petitioner to participate as a cooperating
agency in any environmental analysis for a rulemaking process.

[[Page 471]]

    (b) The petition contents described in paragraphs (a)(1) through
(a)(8) of this section constitute an information collection requirement
as defined by 5 CFR part 1320 and have been assigned Office of
Management and Budget control number 0596-0178.



Sec. 294.15  Advisory committee review.

    A National Advisory Committee shall review each petition and provide
advice and recommendations to the Secretary within 90 days of receipt of
a completed petition. The committee will also provide advice and
recommendations to the Secretary on any subsequent State-specific
rulemakings.



Sec. 294.16  State-specific rulemaking.

    If the Secretary or the Secretary's designee accepts a petition, the
Forest Service shall be directed to initiate notice and comment
rulemaking to address the petition. The Forest Service shall coordinate
development of the proposed rule with the petitioner. The Secretary or
the Secretary's designee shall make the final decision for any State-
specific inventoried roadless area management rule.



Sec. 294.17  Scope and applicability.

    (a) The provisions of this subpart apply exclusively to the
development and review of petitions made pursuant to this subpart.
    (b) Nothing in this subpart shall be construed to provide for the
transfer to, or administration by, a State or local authority of any
Federally owned lands.
    (c) Nothing in this subpart, nor any regulation promulgated pursuant
to this petitioning process, shall prohibit the exercise of any valid
existing rights.



Sec. 294.18  Severability.

    In the event that any provision, section, subsection, or phrase of
this subpart is determined by a court or body of competent jurisdiction
to be invalid, unconstitutional, or unenforceable, the remaining
provisions, sections, subsections, or phrases shall remain in full force
and effect.



                Subpart C_Idaho Roadless Area Management

    Authority: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201, 205.

    Source: 73 FR 61489, Oct. 16, 2008, unless otherwise noted.



Sec. 294.20  Purpose.

    The purpose of this subpart is to provide, in the context of
multiple-use management, State-specific direction for the conservation
of inventoried roadless areas in the national forests within the State
of Idaho. This subpart sets forth the procedures for management of Idaho
Roadless Areas consistent with the Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528-531).



Sec. 294.21  Definitions.

    The following terms and definitions apply to this subpart.
    At-risk community: As defined under section 101 of the Healthy
Forests Restoration Act (HFRA).
    Community protection zone: An area extending one-half mile from the
boundary of an at-risk community or an area within one and a half miles
of the boundary of an at-risk community, where any land:
    (1) Has a sustained steep slope that creates the potential for
wildfire behavior endangering the at-risk community;
    (2) Has a geographic feature that aids in creating an effective fire
break, such as a road or a ridge top; or
    (3) Is in condition class 3 as defined by HFRA.
    Fire hazard and risk: The fuel conditions on the landscape.
    Fire occurrence: The probability of wildfire ignition based on
historic fire occurrence records and other information.
    Forest Plan Special Area: Certain lands identified on the Idaho
Roadless Area Maps, Sec. 294.22(c) and listed in Sec. 294.29 shall be
managed pursuant to applicable land management components. These lands
include areas such as research natural areas, designated and eligible
wild and scenic river corridors, developed recreation sites, or other
specified management purposes,

[[Page 472]]

as described in the Roadless Area Conservation; National Forest System
Lands in Idaho, Final Environmental Impact Statement, Appendix Q.
    Forest road: As defined at 36 CFR 212.1, the term means a road
wholly or partly within or adjacent to and serving the National Forest
System that the Forest Service determines is necessary for the
protection, administration, and use of the National Forest System and
the use and development of its resources.
    Forest type: A forest stand that is essentially similar throughout
its extent in composition under generally similar environmental
conditions, including temporary, permanent, climax, and cover types.
    Hazardous fuels: Excessive live or dead wildland fuel accumulations
that increase the potential for uncharacteristically intense wildland
fire and decrease the capability to protect life, property, and natural
resources.
    Idaho Roadless Areas: Areas designated pursuant to this rule and
identified in a set of maps maintained at the national headquarters
office of the Forest Service.
    Municipal water supply system: As defined under section 101 of the
Healthy Forests Restoration Act, the term means the reservoirs, canals,
ditches, flumes, laterals, pipes, pipelines, and other surface
facilities and systems constructed or installed for the collection,
impoundment, storage, transportation, or distribution of drinking water.
    Responsible official: The Forest Service line officer with the
authority and responsibility to make decisions about protection and
management of Idaho Roadless Areas pursuant to this subpart.
    Road: As defined at 36 CFR 212.1, the term means a motor vehicle
route over 50 inches wide, unless identified and managed as a trail.
    Road construction and reconstruction: As defined at 36 CFR 212.1,
the terms mean supervising, inspecting, actual building, and incurrence
of all costs incidental to the construction or reconstruction of a road.
    Road decommissioning: As defined at 36 CFR 212.1, the term means
activities that result in the stabilization and restoration of unneeded
roads to a more natural state.
    Road maintenance: The ongoing upkeep of a road necessary to retain
or restore the road to the approved road management objective.
    Road realignment: Activity that results in a new location of an
existing road or portions of an existing road, and treatment of the old
roadway.
    Roadless characteristics: Resources or features that are often
present in and characterize Idaho Roadless Areas, including:
    (1) High quality or undisturbed soil, water, and air;
    (2) Sources of public drinking water;
    (3) Diversity of plant and animal communities;
    (4) Habitat for threatened, endangered, proposed, candidate, and
sensitive species, and for those species dependent on large, undisturbed
areas of land;
    (5) Primitive, semi-primitive non-motorized, and semi-primitive
motorized classes of dispersed recreation;
    (6) Reference landscapes;
    (7) Natural appearing landscapes with high scenic quality;
    (8) Traditional cultural properties and sacred sites; and
    (9) Other locally identified unique characteristics.
    Substantially altered portion: An area within an Idaho Roadless Area
where past road construction, timber cutting, or other uses have
materially diminished the area's roadless characteristics.
    Temporary road: As defined at 36 CFR 212.1, the term means a road
necessary for emergency operations or authorized by contract, permit,
lease, or other written authorization that is not a forest road and that
is not included in a forest transportation atlas. Temporary roads are
available for administrative use until decommissioned.
    Uncharacteristic wildland fire effects: An increase in wildland fire
size, severity, and resistance to control; and the associated impact on
people, property, and fire fighter safety compared to that which
occurred in the native system.

[[Page 473]]



Sec. 294.22  Idaho Roadless Areas.

    (a) Designations. All National Forest System lands within the State
of Idaho listed in Sec. 294.29 are hereby designated as Idaho Roadless
Areas.
    (b) Management classifications. Management classifications for Idaho
Roadless Areas express a management continuum. The following management
classifications are established:
    (1) Wild Land Recreation;
    (2) Special Areas of Historic or Tribal Significance;
    (3) Primitive;
    (4) Backcountry/Restoration; and
    (5) General Forest, Rangeland, and Grassland.
    (c) Maps. The Chief shall maintain and make available to the public
a map of each Idaho Roadless Area, including records regarding any
corrections or modifications of such maps pursuant to Sec. 294.27.
    (d) Activities in Idaho Roadless Areas shall be consistent with the
applicable management classification listed for each area under Sec.
294.29.



Sec. 294.23  Road construction and reconstruction in Idaho Roadless
Areas.

    (a) Wild Land Recreation, Special Areas of Historic or Tribal
Significance, or Primitive. Road construction and reconstruction are
prohibited in Idaho Roadless Areas designated as Wild Land Recreation,
Special Areas of Historic or Tribal Significance, or Primitive. However,
the Regional Forester may authorize a road to be constructed or
reconstructed in an area designated as Wild Land Recreation, Special
Area of Historic or Tribal Significance, or Primitive if pursuant to
statute, treaty, reserved or outstanding rights, or other legal duty of
the United States.
    (b) Backcountry/Restoration. (1) Road construction and
reconstruction are only permissible in Idaho Roadless Areas designated
as Backcountry/Restoration where the Regional Forester determines:
    (i) A road is needed to protect public health and safety in cases of
an imminent threat of flood, wildland fire, or other catastrophic event
that, without intervention, would cause the loss of life or property;
    (ii) A road is needed to conduct a response action under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) or to conduct a natural resource restoration action under
CERCLA, section 311 of the Clean Water Act, or the Oil Pollution Act;
    (iii) A road is needed pursuant to statute, treaty, reserved or
outstanding rights, or other legal duty of the United States;
    (iv) A road realignment is needed to prevent irreparable resource
damage that arises from the design, location, use, or deterioration of a
road and cannot be mitigated by road maintenance. Road realignment may
occur under this subsection only if the road is deemed essential for
public or private access, natural resource management, or public health
and safety;
    (v) Road reconstruction is needed to implement a road safety
improvement project on a road determined to be hazardous based on
accident experience or accident potential on that road; or
    (vi) The Secretary of Agriculture determines that a Federal Aid
Highway project, authorized pursuant to Title 23 of the United States
Code, is in the public interest or is consistent with the purpose for
which the land was reserved or acquired and no other reasonable and
prudent alternative exists.
    (2) A responsible official may authorize temporary road construction
or road reconstruction for community protection zone activities pursuant
to Sec. 294.24(c)(1)(i) if in the official's judgment the community
protection objectives cannot be reasonably accomplished without a
temporary road.
    (3) The Regional Forester may approve temporary road construction or
road reconstruction to reduce hazardous fuel conditions outside a
community protection zone where in the Regional Forester's judgment the
circumstances set out below exist. Temporary road construction or road
reconstruction to reduce hazardous fuel conditions under this provision
will be dependent on forest type and is expected to be infrequent.
    (i) There is a significant risk that a wildland fire disturbance
event could adversely affect an at-risk community or municipal water
supply system pursuant to Sec. 294.24(c)(1)(ii). A significant

[[Page 474]]

risk exists where the history of fire occurrence, and fire hazard and
risk, indicate a serious likelihood that a wildland fire disturbance
event would present a high risk of threat to an at-risk community or
municipal water supply system.
    (ii) The activity cannot be reasonably accomplished without a
temporary road.
    (iii) The activity will maintain or improve one or more roadless
characteristics over the long-term.
    (c) General Forest, Rangeland, and Grassland. (1) A forest road may
be constructed or reconstructed or a temporary road may be constructed
in Idaho Roadless Areas designated as General Forest, Rangeland, and
Grassland, unless prohibited in Sec. 294.25(e).
    (2) Forest roads constructed or reconstructed pursuant to Sec.
294.23(c)(1) must be conducted in a way that minimizes effects on
surface resources and must be consistent with land management plan
components as provided for in Sec. 294.28(d).
    (d) Temporary roads. (1) Temporary road construction must be
conducted in a way that minimizes effects on surface resources, is
consistent with land management plan components as provided for in Sec.
294.28(d), and may only be used for the specified purpose(s).
    (2) Temporary roads must be decommissioned upon completion of the
project or expiration of the contract or permit, whichever is sooner. A
road decommissioning provision will be required in all such contracts or
permits and may not be waived.
    (e) Road maintenance. Maintenance of temporary and forest roads is
permissible in Idaho Roadless Areas.
    (f) Roads associated with mineral activities. Road construction or
reconstruction associated with mineral activities is provided for in
Sec. 294.25.



Sec. 294.24  Timber cutting, sale, or removal in Idaho Roadless Areas.

    (a) Wild Land Recreation. The cutting, sale, or removal of timber is
prohibited in Idaho Roadless Areas designated as Wild Land Recreation
under this subpart, except:
    (1) For personal or administrative use, as provided for in 36 CFR
part 223; or
    (2) Where incidental to the implementation of a management activity
not otherwise prohibited by this subpart.
    (b) Special Areas of Historic or Tribal Significance and Primitive.
(1) The cutting, sale, or removal of timber is prohibited in Idaho
Roadless Areas designated as a Special Area of Historic or Tribal
Significance or as Primitive under this subpart, except:
    (i) To improve threatened, endangered, proposed, or sensitive
species habitat;
    (ii) To maintain or restore the characteristics of ecosystem
composition, structure, and processes;
    (iii) To reduce the risk of uncharacteristic wildland fire effects
to an at-risk community or municipal water supply system;
    (iv) For personal or administrative use, as provided for in 36 CFR
part 223; or
    (v) Where such cutting, sale or removal is incidental to the
implementation of a management activity not otherwise prohibited by this
subpart.
    (2) Any action authorized pursuant to paragraphs Sec.
294.24(b)(1)(i) through (iii) shall be limited to situations that:
    (i) Maintain or improve one or more of the roadless characteristics
over the long-term;
    (ii) Use existing roads or aerial harvest systems;
    (iii) Maximize the retention of large trees as appropriate for the
forest type, to the extent the trees promote fire-resilient stands;
    (iv) Are consistent with land management plan components as provided
for in Sec. 294.28(d); and
    (v) Is approved by the regional forester.
    (c) Backcountry/Restoration. (1) The cutting, sale, or removal of
timber is permissible in Idaho Roadless Areas designated as Backcountry/
Restoration only:
    (i) To reduce hazardous fuel conditions within the community
protection zone if in the responsible official's judgment the project
generally retains large trees as appropriate for the forest type and is
consistent with land management plan components as provided for in Sec.
294.28(d);

[[Page 475]]

    (ii) To reduce hazardous fuel conditions outside the community
protection zone where there is significant risk that a wildland fire
disturbance event could adversely affect an at-risk community or
municipal water supply system. A significant risk exists where the
history of fire occurrence, and fire hazard and risk, indicate a serious
likelihood that a wildland fire disturbance event would present a high
risk of threat to an at-risk community or municipal water supply system;
    (iii) To improve threatened, endangered, proposed, or sensitive
species habitat;
    (iv) To maintain or restore the characteristics of ecosystem
composition, structure, and processes;
    (v) To reduce the risk of uncharacteristic wildland fire effects;
    (vi) For personal or administrative use, as provided for in 36 CFR
part 223;
    (vii) Where incidental to the implementation of a management
activity not otherwise prohibited by this subpart; or
    (viii) In a portion of an Idaho Roadless Area designated as
Backcountry/Restoration that has been substantially altered due to the
construction of a forest road and subsequent timber cutting. Both the
road construction and subsequent timber cutting must have occurred prior
to October 16, 2008.
    (2) Any action authorized pursuant to paragraphs Sec.
294.24(c)(1)(ii) through (v) shall be approved by the Regional Forester
and limited to situations that, in the Regional Forester's judgment:
    (i) Maintains or improves one or more of the roadless
characteristics over the long-term;
    (ii) Maximizes the retention of large trees as appropriate for the
forest type to the extent the trees promote fire-resilient stands; and
    (iii) Is consistent with land management plan components as provided
for in Sec. 294.28(d).
    (3) The activities in paragraph Sec. 294.24(c)(1) may use any
forest roads or temporary roads, including those authorized under Sec.
294.23(b)(2 and 3) until decommissioned.
    (d) General Forest, Rangeland, and Grassland. Timber may be cut,
sold, or removed within Idaho Roadless Areas designated as General
Forest, Rangeland, and Grassland but shall be consistent with the land
management plan components as provided for in Sec. 294.28(d).



Sec. 294.25  Mineral activities in Idaho Roadless Areas.

    (a) Nothing in this subpart shall be construed as restricting
mineral leases, contracts, permits, and associated activities authorized
prior to October 16, 2008.
    (b) Nothing in this subpart shall affect mining activities conducted
pursuant to the General Mining Law of 1872.
    (c) Wild Land Recreation, Special Areas of Historic or Tribal
Significance, or Primitive. (1) For mineral leases, contracts, permits,
and other associated activities authorized after the effective date of
this subpart the Forest Service will not recommend, authorize, or
consent to road construction, road reconstruction, or surface occupancy
associated with mineral leases in Idaho Roadless Areas designated as
Wild Land Recreation, Special Areas of Historic or Tribal Significance,
or Primitive themes.
    (2) After October 16, 2008, the Forest Service will not authorize
sale of common variety mineral materials in Idaho Roadless Areas
designated as Wild Land Recreation, Special Areas of Historic or Tribal
Significance, or Primitive themes.
    (d) Backcountry/Restoration. (1) For mineral leases, contracts,
permits, and other associated activities authorized after the effective
date of this subpart, the Forest Service will not recommend, authorize,
or consent to road construction or road reconstruction associated with
mineral leases in Idaho Roadless Areas designated as Backcountry/
Restoration. Surface use or occupancy without road construction or
reconstruction is permissible for all mineral leasing unless prohibited
in the applicable land management plan.
    (2) After October 16, 2008, the Forest Service may authorize the use
or sale of common variety mineral materials, and associated road
construction or reconstruction to access these mineral materials, in
Idaho Roadless Areas designated as Backcountry/Restoration

[[Page 476]]

only if the use of these mineral materials is incidental to an activity
otherwise permissible in backcountry/restoration under this subpart.
    (e) General Forest, Rangeland, and Grassland. (1) For mineral
leases, contracts, permits, and other associated activities authorized
after October 16, 2008, the Forest Service will not recommend,
authorize, or consent to road construction or reconstruction associated
with mineral leases in Idaho Roadless Areas designated as General
Forest, Rangeland, and Grassland theme; except such road construction or
reconstruction may be authorized by the responsible official in
association with phosphate deposits as described in Figure 3-20 in
section 3.15 Minerals and Energy in the Roadless Area Conservation;
National Forest System Lands in Idaho Final Environmental Impact
Statement. Surface use or occupancy without road construction or
reconstruction is permissible for all mineral leasing unless prohibited
in the land management plan components.
    (2) After October 16, 2008, the Forest Service may authorize the use
or sale of common variety mineral materials, and associated road
construction or reconstruction to access these mineral materials, in
Idaho Roadless Areas designated as General Forest, Rangeland, and
Grassland only if the use of these mineral materials is incidental to an
activity otherwise permissible in General Forest, Rangeland, and
Grassland under this subpart.
    (3) Road construction or reconstruction associated with mining
activities permissible under this subsection may only be approved after
evaluating other access options.
    (4) Road construction or reconstruction associated with mining
activities permissible under this subsection must be conducted in a
manner that minimizes effects on surface resources and must be
consistent with land management plan components as provided for in Sec.
294.28(d). Roads constructed or reconstructed must be decommissioned
upon completion of the project, or expiration of the lease, or permit,
or other authorization, whichever is sooner.



Sec. 294.26  Other activities in Idaho Roadless Areas.

    (a) Motorized travel. Nothing in this subpart shall be construed as
affecting existing roads or trails in Idaho Roadless Areas. Decisions
concerning the future management of existing roads or trails in Idaho
Roadless Areas shall be made during the applicable travel management
process.
    (b) Grazing. Nothing in this subpart shall be construed as affecting
existing grazing permits in Idaho Roadless Areas. Future road
construction associated with livestock operations shall conform to this
subpart.
    (c) Motorized equipment and mechanical transport. Nothing in this
subpart shall be construed as affecting the use of motorized equipment
and mechanical transport in Idaho Roadless Areas.



Sec. 294.27  Corrections and modifications.

    Correction or modification of designations made pursuant to this
subpart may occur under the following circumstances:
    (a) Administrative corrections. Administrative corrections to the
maps of lands identified in Sec. 294.22(c) include, but are not limited
to, adjustments that remedy clerical errors, typographical errors,
mapping errors, or improvements in mapping technology. The Chief may
issue administrative corrections after a 30-day public notice and
opportunity to comment.
    (b) Modifications. The Chief may add to, remove from, or modify the
designations and management classifications listed in Sec. 294.29 based
on changed circumstances or public need. The Chief shall provide at
least a 45-day public notice and opportunity to comment for all
modifications.



Sec. 294.28  Scope and applicability.

    (a) After October 16, 2008 subpart B of this part shall have no
effect within the State of Idaho.
    (b) This subpart does not revoke, suspend, or modify any permit,
contract, or other legal instrument authorizing the occupancy and use of
National Forest System land issued prior to October 16, 2008.
    (c) This subpart does not revoke, suspend, or modify any project or
activity decision made prior to October 16, 2008.

[[Page 477]]

    (d) The provisions set forth in this subpart shall take precedence
over any inconsistent land management plan component. Land management
plan components that are not inconsistent with this subpart will
continue to provide guidance for projects and activities within Idaho
Roadless Areas; as shall those related to protection of threatened and
endangered species. This subpart does not compel the amendment or
revision of any land management plan.
    (e) The prohibitions and permissions set forth in the subpart are
not subject to reconsideration, revision, or rescission in subsequent
project decisions or land and resource management plan amendments or
revisions undertaken pursuant to 36 CFR part 219.
    (f) This subpart shall not apply to Forest Plan Special Areas within
Idaho Roadless Areas.
    (g) Nothing in this subpart waives any applicable requirements
regarding site-specific environmental analysis, public involvement,
consultation with Tribes and other agencies, or compliance with
applicable laws.
    (h) This subpart does not modify the unique relationship between the
United States and Indian Tribes that requires the Federal Government to
work with federally recognized Indian Tribes government-to-government as
provided for in treaties, laws or Executive orders. Nothing herein
limits or modifies prior existing tribal rights, including those
involving hunting, fishing, gathering, and protection of cultural and
spiritual sites.
    (i) If any provision of the rules in this subpart or its application
to any person or to certain circumstances is held invalid, the remainder
of the regulations in this subpart and their application remain in
force.



Sec. 294.29  List of designated Idaho Roadless Areas.

    The acronyms used in the list are Wild Land Recreation (WLR),
Backcountry/Restoration (BCR), General Forest, Rangeland, and Grassland
(GFRG), Special Areas of Historic or Tribal Significance (SAHTS) and
Forest Plan Special Areas (FPSA).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Forest                         Idaho roadless area                 WLR      Primitive      BCR        GFRG        SAHTS       FPSA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boise.....................................  Bald Mountain...............     019  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Bear Wallow.................     125  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Bernard.....................     029  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Black Lake..................     036  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Blue Bunch..................     923  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Breadwinner.................     006  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Burnt Log...................     035  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Cathedral Rocks.............     038  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Caton Lake..................     912  ..........  ..........          X           X   ..........          X
Boise.....................................  Cow Creek...................     028  ..........          X   ..........  ..........  ..........
Boise.....................................  Danskin.....................     002  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Deadwood....................     020  ..........          X           X   ..........  ..........          X
Boise.....................................  Elk Creek...................     022  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Grand Mountain..............     007  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Grimes Pass.................     017  ..........  ..........          X           X   ..........          X
Boise.....................................  Hanson Lakes................     915          X           X   ..........  ..........  ..........          X
Boise.....................................  Hawley Mountain.............     018  ..........          X   ..........  ..........  ..........
Boise.....................................  Horse Heaven................     925  ..........  ..........          X           X   ..........
Boise.....................................  House Mountain..............     001  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Lime Creek..................     937  ..........          X   ..........  ..........  ..........
Boise.....................................  Lost Man Creek..............     041  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Meadow Creek................     913  ..........  ..........          X           X   ..........          X
Boise.....................................  Mt Heinen...................     003  ..........          X   ..........  ..........  ..........
Boise.....................................  Nameless Creek..............     034  ..........  ..........          X   ..........  ..........
Boise.....................................  Needles.....................     911          X           X           X           X   ..........          X
Boise.....................................  Peace Rock..................     026  ..........          X           X   ..........  ..........          X
Boise.....................................  Poison Creek................     042  ..........  ..........          X   ..........  ..........
Boise.....................................  Poker Meadows...............     032  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Rainbow.....................     008  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Red Mountain................     916          X           X           X           X   ..........          X
Boise.....................................  Reeves Creek................     010  ..........  ..........          X   ..........  ..........
Boise.....................................  Sheep Creek.................     005  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Smoky Mountains.............     914  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Snowbank....................     924  ..........          X   ..........  ..........  ..........
Boise.....................................  Steel Mountain..............     012  ..........          X   ..........  ..........  ..........          X
Boise.....................................  Stony Meadows...............     027  ..........          X           X   ..........  ..........  ..........
Boise.....................................  Ten Mile/Black Warrior......     013          X           X   ..........          X   ..........          X

[[Page 478]]


Boise.....................................  Tennessee...................     033  ..........  ..........          X   ..........  ..........          X
Boise.....................................  Whiskey.....................     031  ..........  ..........          X   ..........  ..........
Boise.....................................  Whiskey Jack................     009  ..........          X   ..........  ..........  ..........  ..........
Boise.....................................  Whitehawk Mountain..........     021  ..........  ..........          X           X   ..........  ..........
Boise.....................................  Wilson Peak.................     040  ..........          X   ..........  ..........  ..........
Caribou...................................  Bear Creek..................     615  ..........          X           X           X   ..........          X
Caribou...................................  Bonneville Peak.............     154  ..........  ..........          X           X   ..........          X
Caribou...................................  Caribou City................     161          X   ..........          X   ..........  ..........          X
Caribou...................................  Clarkston Mountain..........     159  ..........  ..........          X           X   ..........
Caribou...................................  Deep Creek..................     158  ..........  ..........          X           X   ..........          X
Caribou...................................  Dry Ridge...................     164  ..........  ..........          X           X   ..........
Caribou...................................  Elkhorn Mountain............     156  ..........  ..........          X           X   ..........
Caribou...................................  Gannett-Spring Creek........     111  ..........          X           X           X   ..........          X
Caribou...................................  Gibson......................     181  ..........  ..........          X           X   ..........
Caribou...................................  Hell Hole...................     168  ..........  ..........  ..........          X   ..........          X
Caribou...................................  Huckleberry Basin...........     165  ..........  ..........          X           X   ..........
Caribou...................................  Liberty Creek...............     175  ..........  ..........          X           X   ..........          X
Caribou...................................  Meade Peak..................     167  ..........          X           X           X   ..........          X
Caribou...................................  Mink Creek..................     176  ..........  ..........          X           X   ..........          X
Caribou...................................  Mount Naomi.................     758          X   ..........          X           X   ..........          X
Caribou...................................  North Pebble................     155  ..........  ..........          X           X   ..........
Caribou...................................  Oxford Mountain.............     157  ..........  ..........          X           X   ..........          X
Caribou...................................  Paris Peak..................     177  ..........  ..........          X           X   ..........
Caribou...................................  Pole Creek..................     160  ..........  ..........          X           X   ..........
Caribou...................................  Red Mountain................     170  ..........          X           X   ..........  ..........
Caribou...................................  Sage Creek..................     166  ..........  ..........          X           X   ..........
Caribou...................................  Schmid Peak.................     163  ..........  ..........          X           X   ..........
Caribou...................................  Scout Mountain..............     152  ..........  ..........          X           X   ..........          X
Caribou...................................  Sherman Peak................     172  ..........  ..........          X           X   ..........
Caribou...................................  Soda Point..................     171  ..........  ..........          X           X   ..........          X
Caribou...................................  Station Creek...............     178  ..........  ..........          X           X   ..........
Caribou...................................  Stauffer Creek..............     173  ..........  ..........          X   ..........  ..........
Caribou...................................  Stump Creek.................     162  ..........          X           X           X   ..........          X
Caribou...................................  Swan Creek..................     180  ..........  ..........          X   ..........  ..........
Caribou...................................  Telephone Draw..............     169  ..........  ..........          X           X   ..........          X
Caribou...................................  Toponce.....................     153  ..........          X           X   ..........  ..........
Caribou...................................  West Mink...................     151  ..........  ..........          X           X   ..........          X
Caribou...................................  Williams Creek..............     174  ..........  ..........          X           X   ..........          X
Caribou...................................  Worm Creek..................     170  ..........  ..........          X           X   ..........          X
Challis...................................  Blue Bunch Mountain.........     923  ..........  ..........          X   ..........  ..........
Challis...................................  Borah Peak..................     012          X   ..........          X   ..........  ..........          X
Challis...................................  Boulder-White Clouds........     920          X   ..........          X   ..........  ..........
Challis...................................  Camas Creek.................     901  ..........  ..........          X   ..........  ..........
Challis...................................  Challis Creek...............     004  ..........  ..........          X   ..........  ..........
Challis...................................  Cold Springs................     026  ..........  ..........          X   ..........  ..........
Challis...................................  Copper Basin................     019  ..........  ..........          X   ..........  ..........
Challis...................................  Diamond Peak................     601  ..........  ..........          X   ..........  ..........          X
Challis...................................  Greylock....................     007  ..........  ..........          X   ..........  ..........
Challis...................................  Grouse Peak.................     010  ..........  ..........          X   ..........  ..........
Challis...................................  Hanson Lake.................     915  ..........  ..........          X   ..........  ..........
Challis...................................  Jumpoff Mountain............     014  ..........  ..........          X   ..........  ..........
Challis...................................  King Mountain...............     013  ..........  ..........          X   ..........  ..........
Challis...................................  Lemhi Range.................     903  ..........  ..........          X   ..........  ..........          X
Challis...................................  Loon Creek..................     908  ..........  ..........          X   ..........  ..........
Challis...................................  Pahsimeroi Mountain.........     011  ..........  ..........          X   ..........  ..........
Challis...................................  Pioneer Mountains...........     921          X   ..........          X   ..........  ..........          X
Challis...................................  Prophyry Peak...............     017  ..........  ..........          X   ..........  ..........
Challis...................................  Railroad Ridge..............     922  ..........  ..........          X   ..........  ..........
Challis...................................  Red Hill....................     027  ..........  ..........          X   ..........  ..........
Challis...................................  Red Mountain................     916  ..........  ..........          X   ..........  ..........
Challis...................................  Seafoam.....................     009  ..........  ..........          X   ..........  ..........
Challis...................................  Spring Basin................     006  ..........  ..........          X   ..........  ..........
Challis...................................  Squaw Creek.................     005  ..........  ..........          X   ..........  ..........
Challis...................................  Taylor Mountain.............     902  ..........  ..........          X   ..........  ..........
Challis...................................  Warm Creek..................     024  ..........  ..........          X   ..........  ..........
Challis...................................  White Knob..................     025  ..........  ..........          X   ..........  ..........
Challis...................................  Wood Canyon.................     028  ..........  ..........          X   ..........  ..........
Clearwater................................  Bighorn-Weitas..............     306  ..........  ..........          X   ..........          X           X
Clearwater................................  Eldorado Creek..............     312  ..........  ..........          X   ..........          X
Clearwater................................  Hoodoo......................     301          X   ..........  ..........  ..........          X
Clearwater................................  Lochsa Face.................     311  ..........          X           X   ..........          X           X
Clearwater................................  Lolo Creek (LNF)............     805  ..........  ..........          X   ..........  ..........
Clearwater................................  Mallard-Larkins.............     300          X           X           X   ..........  ..........  ..........
Clearwater................................  Meadow Creek--Upper North        302  ..........          X           X   ..........  ..........
                                             Fork.

[[Page 479]]


Clearwater................................  Moose Mountain..............     305  ..........          X           X   ..........  ..........
Clearwater................................  North Fork Spruce--White         309          X           X           X   ..........  ..........
                                             Sand.
Clearwater................................  North Lochsa Slope..........     307  ..........          X           X   ..........          X           X
Clearwater................................  Pot Mountain................     304  ..........  ..........          X   ..........  ..........          X
Clearwater................................  Rackliff-Gedney.............     841  ..........  ..........          X   ..........  ..........          X
Clearwater................................  Rawhide.....................     313  ..........          X           X   ..........  ..........
Clearwater................................  Siwash......................     303  ..........  ..........          X   ..........  ..........
Clearwater................................  Sneakfoot Meadows...........     314          X           X           X   ..........  ..........          X
Clearwater................................  Weir-Post Office Creek......     308  ..........  ..........          X   ..........          X           X
Idaho Panhandle...........................  Beetop......................     130  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Big Creek...................     143  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Blacktail Mountain..........     122  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Blacktail Mountain..........     161  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Buckhorn Ridge..............     661  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Continental Mountain........     004  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  East Cathedral Peak.........     131  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  East Fork Elk...............     678  ..........  ..........  ..........          X   ..........
Idaho Panhandle...........................  Gilt Edge-Silver Creek......     792  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Graham Coal.................     139  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Grandmother Mountain........     148          X   ..........          X           X   ..........          X
Idaho Panhandle...........................  Hammond Creek...............     145  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Hellroaring.................     128  ..........  ..........  ..........          X   ..........
Idaho Panhandle...........................  Katka Peak..................     157  ..........  ..........          X           X   ..........
Idaho Panhandle...........................  Kootenai Peak...............     126  ..........  ..........  ..........          X   ..........
Idaho Panhandle...........................  Little Grass Mountain.......     121  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Lost Creek..................     137  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Magee.......................     132  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Mallard-Larkins.............     300          X   ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Maple Peak..................     141  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Meadow Creek-Upper N. Fork..     302  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Midget Peak.................     151  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Mosquito-Fly................     150  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Mt. Willard-Lake Estelle....     173  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  North Fork..................     147  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Packsaddle..................     155  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Pinchot Butte...............     149  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Roland Point................     146  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Saddle Mountain.............     154  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Salmo-Priest................     981          X   ..........  ..........  ..........  ..........          X
Idaho Panhandle...........................  Schafer Peak................     160  ..........  ..........          X           X   ..........
Idaho Panhandle...........................  Scotchman Peaks.............     662          X   ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Selkirk.....................     125          X   ..........          X           X   ..........          X
Idaho Panhandle...........................  Sheep Mountain-State Line...     799  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Skitwish Ridge..............     135  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Spion Kop...................     136  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Stevens Peak................     142  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Storm Creek.................     144  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Tepee Creek.................     133  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Trestle Peak................     129  ..........  ..........          X   ..........  ..........
Idaho Panhandle...........................  Trouble Creek...............     138  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Trout Creek.................     664  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  Upper Priest................     123  ..........  ..........          X   ..........  ..........          X
Idaho Panhandle...........................  White Mountain..............     127  ..........  ..........          X           X   ..........
Idaho Panhandle...........................  Wonderful Peak..............     152  ..........  ..........          X   ..........  ..........
Kootenai..................................  Buckhorn Ridge..............     661  ..........  ..........          X   ..........  ..........  ..........
Kootenai..................................  Mt. Willard-Lake Estelle....     173  ..........  ..........          X   ..........  ..........          X
Kootenai..................................  Roberts.....................     691  ..........  ..........          X   ..........  ..........
Kootenai..................................  Scotchman Peaks.............     662  ..........  ..........          X   ..........  ..........
Kootenai..................................  West Fork Elk...............     692  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Clear Creek.................     844  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Dixie Summit--Nut Hill......     235  ..........  ..........          X   ..........  ..........          X
Nez Perce.................................  East Meadow Creek...........     845  ..........          X   ..........  ..........  ..........          X
Nez Perce.................................  Gospel Hump.................     921  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Gospel Hump Adjacent to       ......  ..........  ..........          X   ..........  ..........
                                             Wilderness.
Nez Perce.................................  John Day....................     852  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Lick Point..................     227  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Little Slate Creek..........     851  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Little Slate Creek North....     856  ..........  ..........          X   ..........  ..........          X
Nez Perce.................................  Mallard.....................     847  ..........  ..........          X   ..........  ..........
Nez Perce.................................  North Fork Slate Creek......     850  ..........  ..........          X   ..........  ..........

[[Page 480]]


Nez Perce.................................  O'Hara--Falls Creek.........     226  ..........  ..........          X   ..........  ..........          X
Nez Perce.................................  Rackliff--Gedney............     841  ..........  ..........          X   ..........  ..........          X
Nez Perce.................................  Rapid River.................     922          X   ..........  ..........  ..........  ..........          X
Nez Perce.................................  Salmon Face.................     855  ..........  ..........          X   ..........  ..........
Nez Perce.................................  Selway Bitterroot...........  ......  ..........          X   ..........  ..........  ..........
Nez Perce.................................  Silver Creek--Pilot Knob....     849  ..........  ..........  ..........  ..........          X
Nez Perce.................................  West Fork Crooked River.....  ......  ..........  ..........          X   ..........  ..........
Nez Perce.................................  West Meadow Creek...........     845  ..........  ..........          X   ..........  ..........          X
Payette...................................  Big Creek Fringe............     009  ..........  ..........          X   ..........  ..........
Payette...................................  Caton Lake..................     912  ..........  ..........          X   ..........  ..........          X
Payette...................................  Chimney Rock................     006  ..........  ..........          X   ..........  ..........          X
Payette...................................  Cottontail Point/Pilot Peak.     004  ..........          X           X   ..........  ..........          X
Payette...................................  Council Mountain............     018  ..........          X   ..........  ..........  ..........          X
Payette...................................  Crystal Mountain............     005  ..........  ..........          X   ..........  ..........          X
Payette...................................  Cuddy Mountain..............     016  ..........          X   ..........          X   ..........          X
Payette...................................  French Creek................     026  ..........          X           X           X   ..........          X
Payette...................................  Hells Canyon/7 Devils Scenic     001  ..........          X   ..........  ..........  ..........          X
Payette...................................  Horse Heaven................     925  ..........  ..........          X   ..........  ..........
Payette...................................  Indian Creek................     019  ..........          X   ..........  ..........  ..........
Payette...................................  Meadow Creek................     913  ..........  ..........          X   ..........  ..........
Payette...................................  Needles.....................     911          X           X           X   ..........  ..........          X
Payette...................................  Patrick Butte...............     002  ..........          X           X   ..........  ..........          X
Payette...................................  Placer Creek................     008  ..........          X           X   ..........  ..........
Payette...................................  Poison Creek................     042  ..........  ..........          X   ..........  ..........
Payette...................................  Rapid River.................     922          X   ..........  ..........  ..........  ..........          X
Payette...................................  Secesh......................     010          X           X           X   ..........  ..........          X
Payette...................................  Sheep Gulch.................     017  ..........  ..........          X   ..........  ..........
Payette...................................  Smith Creek.................     007  ..........          X   ..........  ..........  ..........
Payette...................................  Snowbank....................     924  ..........          X   ..........  ..........  ..........
Payette...................................  Sugar Mountain..............     014  ..........  ..........          X   ..........  ..........
Salmon....................................  Agency Creek................     512  ..........  ..........          X           X   ..........
Salmon....................................  Allan Mountain..............     946  ..........  ..........          X   ..........  ..........          X
Salmon....................................  Anderson Mountain...........     942  ..........  ..........          X   ..........  ..........
Salmon....................................  Blue Joint Mountain.........     941  ..........          X   ..........  ..........  ..........
Salmon....................................  Camas Creek.................     901  ..........  ..........          X   ..........  ..........
Salmon....................................  Deep Creek..................     509  ..........  ..........  ..........          X   ..........
Salmon....................................  Duck Peak...................     518  ..........  ..........          X   ..........  ..........          X
Salmon....................................  Goat Mountain...............     944  ..........  ..........          X   ..........  ..........
Salmon....................................  Goldbug Ridge...............     903  ..........  ..........          X   ..........  ..........
Salmon....................................  Haystack Mountain...........     507  ..........  ..........          X           X   ..........
Salmon....................................  Italian Peak................     945  ..........  ..........          X   ..........  ..........
Salmon....................................  Jesse Creek.................     510  ..........  ..........          X   ..........  ..........
Salmon....................................  Jureano.....................     506  ..........  ..........          X           X   ..........
Salmon....................................  Lemhi Range.................     903  ..........  ..........          X   ..........  ..........          X
Salmon....................................  Little Horse................     514  ..........  ..........          X   ..........  ..........
Salmon....................................  Long Tom....................     521  ..........  ..........          X   ..........  ..........          X
Salmon....................................  McEleny.....................     505  ..........  ..........          X   ..........  ..........
Salmon....................................  Musgrove....................     517  ..........  ..........          X           X   ..........
Salmon....................................  Napias......................     515  ..........  ..........  ..........          X   ..........
Salmon....................................  Napoleon Ridge..............     501  ..........  ..........          X           X   ..........          X
Salmon....................................  Oreana......................     516  ..........  ..........          X   ..........  ..........
Salmon....................................  Perreau Creek...............     511  ..........  ..........  ..........          X   ..........
Salmon....................................  Phelan......................     508  ..........  ..........  ..........          X   ..........
Salmon....................................  Sal Mountain................     513  ..........  ..........          X   ..........  ..........
Salmon....................................  Sheepeater..................     520  ..........  ..........          X           X   ..........          X
Salmon....................................  South Deep Creek............     509  ..........  ..........          X           X   ..........
Salmon....................................  South Panther...............     504  ..........  ..........          X   ..........  ..........
Salmon....................................  Taylor Mountain.............     902  ..........  ..........          X   ..........  ..........
Salmon....................................  West Big Hole...............     943  ..........          X           X           X   ..........          X
Salmon....................................  West Panther Creek..........     504  ..........  ..........          X   ..........  ..........
Sawtooth..................................  Black Pine..................     003  ..........  ..........          X   ..........  ..........          X
Sawtooth..................................  Blackhorse Creek............     039  ..........          X   ..........  ..........  ..........
Sawtooth..................................  Boulder-White Clouds........     920          X           X           X   ..........  ..........          X
Sawtooth..................................  Buttercup Mountain..........     038  ..........          X   ..........  ..........  ..........          X
Sawtooth..................................  Cache Peak..................     007  ..........  ..........          X           X   ..........
Sawtooth..................................  Cottonwood..................     010  ..........  ..........          X   ..........  ..........
Sawtooth..................................  Elk Ridge...................     019  ..........          X   ..........  ..........  ..........
Sawtooth..................................  Fifth Fork Rock Creek.......     023  ..........          X   ..........          X   ..........
Sawtooth..................................  Hanson Lakes................     915          X           X           X   ..........  ..........          X
Sawtooth..................................  Huckleberry.................     016  ..........  ..........          X   ..........  ..........          X
Sawtooth..................................  Liberal Mountain............     040  ..........          X   ..........          X   ..........

[[Page 481]]


Sawtooth..................................  Lime Creek..................     937  ..........          X   ..........  ..........  ..........          X
Sawtooth..................................  Lone Cedar..................     011  ..........  ..........  ..........          X   ..........
Sawtooth..................................  Loon Creek..................     908  ..........  ..........          X   ..........  ..........
Sawtooth..................................  Mahogany Butte..............     012  ..........  ..........  ..........          X   ..........
Sawtooth..................................  Mount Harrison..............     006  ..........          X           X           X   ..........          X
Sawtooth..................................  Pettit......................     017  ..........  ..........          X   ..........  ..........          X
Sawtooth..................................  Pioneer Mountains...........     921          X           X           X   ..........  ..........          X
Sawtooth..................................  Railroad Ridge..............     922  ..........  ..........          X   ..........  ..........          X
Sawtooth..................................  Smoky Mountains.............     914  ..........          X           X   ..........  ..........          X
Sawtooth..................................  Sublett.....................     005  ..........          X   ..........  ..........  ..........
Sawtooth..................................  Third Fork Rock Creek.......     009  ..........          X   ..........          X   ..........
Sawtooth..................................  Thorobred...................     013  ..........  ..........          X   ..........  ..........
Targhee...................................  Bald Mountain...............     614  ..........  ..........          X           X   ..........
Targhee...................................  Bear Creek..................     615  ..........  ..........          X           X   ..........          X
Targhee...................................  Caribou City................     161  ..........  ..........          X           X   ..........
Targhee...................................  Diamond Peak................     601          X           X           X           X   ..........          X
Targhee...................................  Garfield Mountain...........     961  ..........          X           X           X   ..........          X
Targhee...................................  Garns Mountain..............     611  ..........  ..........          X           X   ..........          X
Targhee...................................  Italian Peak................     945          X   ..........          X   ..........  ..........          X
Targhee...................................  Lionhead....................     963          X   ..........          X   ..........  ..........          X
Targhee...................................  Mt. Jefferson...............     962  ..........          X           X           X   ..........          X
Targhee...................................  Palisades...................     613          X   ..........          X   ..........  ..........          X
Targhee...................................  Poker Peak..................     616  ..........          X   ..........  ..........  ..........          X
Targhee...................................  Pole Creek..................     160  ..........  ..........          X   ..........  ..........
Targhee...................................  Raynolds Pass...............     603  ..........  ..........          X   ..........  ..........
Targhee...................................  Two Top.....................     604  ..........          X   ..........  ..........  ..........
Targhee...................................  West Slope Tetons...........     610  ..........  ..........          X   ..........  ..........          X
Targhee...................................  Winegar Hole................     347  ..........          X           X   ..........  ..........          X
Wallowa-Whitman...........................  Big Canyon Id...............     853  ..........  ..........          X   ..........  ..........
Wallowa-Whitman...........................  Klopton Creek--Corral Creek      854  ..........  ..........          X   ..........  ..........  ..........
                                             Id.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[73 FR 61489, Oct. 16, 2008, as amended at 76 FR 17342, Mar. 29, 2011;
79 FR 33437, June 11, 2014]



               Subpart D_Colorado Roadless Area Management

    Authority: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201, 205.

    Source: 77 FR 39602, July 3, 2012, unless otherwise noted.



Sec. 294.40  Purpose.

    The purpose of this subpart is to provide, within the context of
multiple use management, State-specific direction for the protection of
roadless areas on National Forest System lands in Colorado. The intent
of this regulation is to protect roadless values by restricting tree
cutting, sale, and removal; road construction and reconstruction; and
linear construction zones within Colorado Roadless Areas (CRAs), with
narrowly focused exceptions. Activities must be designed to conserve the
roadless area characteristics listed in Sec. 294.41, although applying
the exceptions in Sec. 294.42, Sec. 294.43, and Sec. 294.44 may have
effects to some roadless area characteristics.



Sec. 294.41  Definitions.

    The following terms and definitions apply to this subpart.
    At-Risk Community: As defined under section 101 of the Healthy
Forests Restoration Act (HFRA).
    Catchment: A watershed delineation beginning at the downstream point
of occupation of native cutthroat trout and encompassing the upstream
boundary of waters draining in the stream system.
    Colorado Roadless Areas: Areas designated pursuant to this subpart
and identified in a set of maps maintained at the national headquarters
office of the Forest Service. Colorado Roadless Areas established by
this subpart shall constitute the exclusive set of National Forest
System lands within the State of Colorado to which the provisions 36 CFR
220.5(a)(2) shall apply.
    Colorado Roadless Areas Upper Tier Acres: A subset of Colorado
Roadless Areas identified in a set of maps maintained at the national
headquarters office of the Forest Service which have

[[Page 482]]

limited exceptions to provide a high-level of protection for these
areas.
    Community Protection Zone: An area extending one-half mile from the
boundary of an at-risk community; or an area within one and a half miles
from the boundary of an at-risk community, where any land:
    (1) Has a sustained steep slope that creates the potential for
wildfire behavior endangering the at-risk community;
    (2) Has a geographic feature that aids in creating an effective fire
break, such as a road or a ridge top; or
    (3) Is in condition class 3 as defined by HFRA.
    Community Wildfire Protection Plan: As defined under section 101 of
the HFRA, and used in this subpart, the term ``community wildfire
protection plan'' means a plan for an at-risk community that:
    (1) Is developed within the context of the collaborative agreements
and the guidance established by the Wildland Fire Leadership Council and
agreed to by the applicable local government, local fire department, and
State agency responsible for forest management, in consultation with
interested parties and the Federal land management agencies managing
land in the vicinity of the at-risk community;
    (2) Identifies and prioritizes areas for hazardous fuel reduction
treatments and recommends the types and methods of treatment on Federal
and non-Federal land that will protect one or more at-risk communities
and essential infrastructure; and
    (3) Recommends measures to reduce structural ignitability throughout
the at-risk community.
    Condition Class 3: As defined under section 101 of the HFRA the term
``condition class 3'' means an area of Federal land, under which:
    (1) Fire regimes on land have been significantly altered from
historical ranges;
    (2) There exists a high risk of losing key ecosystem components from
fire;
    (3) Fire frequencies have departed from historical frequencies by
multiple return intervals, resulting in dramatic changes to:
    (i) The size, frequency, intensity, or severity of fires; or
    (ii) Landscape patterns; and
    (4) Vegetation attributes have been significantly altered from the
historical range of the attributes.
    Fire Hazard: A fuel complex defined by volume, type, condition,
arrangement and location that determines the ease of ignition and the
resistance to control; expresses the potential fire behavior for a fuel
type, regardless of the fuel type's weather influenced fuel moisture
condition.
    Fire Occurrence: One fire event occurring in a specific place within
a specific period of time; a general term describing past or current
wildland fire events.
    Fire Risk: The probability or chance that a fire might start, as
affected by the presence and activities of causative agents.
    Forest Road: As defined at 36 CFR 212.1, the term means a road
wholly or partly within or adjacent to and serving the National Forest
System that the Forest Service determines is necessary for the
protection, administration, and utilization of the National Forest
System and the use and development of its resources.
    Hazardous Fuels: Excessive live or dead wildland fuel accumulations
that increase the potential for intense wildland fire and decrease the
capability to protect life, property and natural resources.
    Linear Construction Zone: A temporary linear area of surface
disturbance over 50-inches wide that is used for construction equipment
to install or maintain a linear facility. The sole purpose of the linear
disturbance is to accommodate equipment needed to construct and
transport supplies and personnel needed to install or maintain the
linear facility. It is not a road, not used as a motor vehicle route,
not open for public use, and is not engineered to road specifications.
    Linear Facility: Linear facilities include pipelines, electrical
power lines, telecommunications lines, ditches, canals, and dams.
    Municipal Water Supply System: As defined under Section 101 of the
HFRA, and used in this subpart, the term means the reservoirs, canals,
ditches, flumes, laterals, pipes, pipelines, and other surface
facilities and systems

[[Page 483]]

constructed or installed for the collection, impoundment, storage,
transportation, or distribution of drinking water.
    Native Cutthroat Trout: Collectively, all the native subspecies of
cutthroat trout historically occurring in Colorado before European
settlement which includes yellowfin, Rio Grande, Greenback, and Colorado
River Trout.
    Permanent Road: Roads that are either a forest road; private road (a
road under private ownership authorized by an easement granted to a
private party or a road that provides access pursuant to a reserved or
outstanding right); or public road (a road under the jurisdiction of and
maintained by a public road authority and open to public travel).
    Pre-Existing Water Court Decree: An adjudicated conditional or
absolute decree issued by a Colorado Court, the initial application for
which was filed prior to July 3, 2012, adjudicating as the point of a
diversion or the place of use a location within a Colorado Roadless
Area. A pre-existing water court decree does not include decrees for
water rights with a point of diversion and place of use outside of a
Colorado Roadless Area, the holder of which proposes to change the point
of diversion or place of use to within a Colorado Roadless Area, except
for a change in location of a head gate and associated ditch pursuant to
Colorado Revised Statute 2011 Sec. 37-86-111.
    Responsible Official: The Forest Service line officer with the
authority and responsibility to make decisions about protection and
management of Colorado Roadless Areas pursuant to this subpart.
    Road: As defined at 36 CFR 212.1, the term means a motor vehicle
route over 50 inches wide, unless identified and managed as a trail.
    Roadless Area Characteristics: Resources or features that are often
present in and characterize Colorado Roadless Areas, including:
    (1) High quality or undisturbed soil, water, and air;
    (2) Sources of public drinking water;
    (3) Diversity of plant and animal communities;
    (4) Habitat for threatened, endangered, proposed, candidate, and
sensitive species, and for those species dependent on large, undisturbed
areas of land;
    (5) Primitive, semi-primitive non-motorized and semi-primitive
motorized classes of dispersed recreation;
    (6) Reference landscapes;
    (7) Natural-appearing landscapes with high scenic quality;
    (8) Traditional cultural properties and sacred sites; and
    (9) Other locally identified unique characteristics.
    Temporary Road: As defined at 36 CFR 212.1, the term means a road
necessary for emergency operations or authorized by contract, permit,
lease, or other written authorization that is not a forest road and that
is not included in a forest transportation atlas.
    Water Conveyance Structures: Facilities associated with the
transmission, storage, impoundment, and diversion of water on and across
National Forest System lands. Water conveyance structures include, but
are not limited to: Reservoirs and dams, diversion structures,
headgates, pipelines, ditches, canals, and tunnels.
    Water Influence Zone: The land next to water bodies where vegetation
plays a major role in sustaining long-term integrity of aquatic systems.
It includes the geomorphic floodplain (valley bottom), riparian
ecosystem, and inner gorge. Its minimum horizontal width (from top of
each bank) is 100 feet or the mean height of mature dominant late-seral
vegetation, whichever is greater.
    Watershed Conservation Practice: The watershed conservation
practices are stewardship actions based upon scientific principles and
legal requirements to protect soil, aquatic and riparian resources. Each
watershed conservation practice consists of a management measure, a set
of design criteria used to achieve the management measure, and guidance
for monitoring and restoration. For specific information, refer to
Forest Service Manual 2509.25.



Sec. 294.42  Prohibition on tree cutting, sale, or removal.

    (a) General. Trees may not be cut, sold, or removed in Colorado
Roadless Areas, except as provided in paragraph (b) and (c) of this
section.

[[Page 484]]

    (b) Upper Tier Acres. Notwithstanding the prohibition in paragraph
(a) of this section, trees may be cut, sold, or removed in Colorado
Roadless Areas upper tier acres if the responsible official determines
the activity is consistent with the applicable land management plan,
and:
    (1) Tree cutting, sale, or removal is incidental to the
implementation of a management activity not otherwise prohibited by this
subpart; or
    (2) Tree cutting, sale, or removal is needed and appropriate for
personal or administrative use, as provided for in 36 CFR part 223,
subpart A.
    (c) Non-Upper Tier Acres. Notwithstanding the prohibition in
paragraph (a) of this section, trees may be cut, sold, or removed in
Colorado Roadless Areas outside upper tier acres if the responsible
official, unless otherwise noted, determines the activity is consistent
with the applicable land management plan, one or more of the roadless
area characteristics will be maintained or improved over the long-term
with the exception of paragraph (5) and (6) of this section, and one of
the following circumstances exists:
    (1) The Regional Forester determines tree cutting, sale, or removal
is needed to reduce hazardous fuels to an at-risk community or municipal
water supply system that is:
    (i) Within the first one-half mile of the community protection zone,
or
    (ii) Within the next one-mile of the community protection zone, and
is within an area identified in a Community Wildfire Protection Plan.
    (iii) Projects undertaken pursuant to paragraphs (c)(1)(i) and (ii)
of this section will focus on cutting and removing generally small
diameter trees to create fuel conditions that modify fire behavior while
retaining large trees to the maximum extent practical as appropriate to
the forest type.
    (2) The Regional Forester determines tree cutting, sale, or removal
is needed outside the community protection zone where there is a
significant risk that a wildland fire disturbance event could adversely
affect a municipal water supply system or the maintenance of that
system. A significant risk exists where the history of fire occurrence,
and fire hazard and risk indicate a serious likelihood that a wildland
fire disturbance event would present a high risk of threat to a
municipal water supply system.
    (i) Projects will focus on cutting and removing generally small
diameter trees to create fuel conditions that modify fire behavior while
retaining large trees to the maximum extent practical as appropriate to
the forest type.
    (ii) Projects are expected to be infrequent.
    (3) Tree cutting, sale, or removal is needed to maintain or restore
the characteristics of ecosystem composition, structure and processes.
These projects are expected to be infrequent.
    (4) Tree cutting, sale, or removal is needed to improve habitat for
federally threatened, endangered, proposed, or Agency designated
sensitive species; in coordination with the Colorado Department of
Natural Resources, including the Colorado Division of Parks and
Wildlife.
    (5) Tree cutting, sale, or removal is incidental to the
implementation of a management activity not otherwise prohibited by this
subpart.
    (6) Tree cutting, sale, or removal is needed and appropriate for
personal or administrative use, as provided for in 36 CFR part 223,
subpart A.



Sec. 294.43  Prohibition on road construction and reconstruction.

    (a) General. A road may not be constructed or reconstructed in a
Colorado Roadless Area except as provided in paragraphs (b) and (c) of
this section.
    (b) Upper Tier Acres. Notwithstanding the prohibition in paragraph
(a) of this section, a road may only be constructed or reconstructed in
Colorado Roadless Area upper tier acres if the responsible official
determines that the conditions in subsection 1 or 2 are met.
    (1) A road is needed pursuant to reserved or outstanding rights, or
as provided for by statute or treaty, or
    (2) A road is needed to protect public health and safety in cases of
an imminent threat of flood, fire or other catastrophic event that,
without intervention, would cause the loss of life or property.
    (3) For any road construction/reconstruction authorized pursuant to
this

[[Page 485]]

provision, subject to the legal rights identified in 36 CFR
294.43(b)(1), the responsible official must determine:
    (i) Motorized access, without road construction is not feasible;
    (ii) When proposing to construct a forest road, that a temporary
road would not provide reasonable access;
    (iii) Road construction is consistent with the applicable land
management plan direction;
    (iv) Within a native cutthroat trout catchment or identified
recovery watershed, road construction will not diminish, over the long-
term, conditions in the water influence zone and the extent of the
occupied native cutthroat trout habitat; and
    (v) That watershed conservation practices will be applied to all
projects occurring in native cutthroat trout habitat.
    (c) Non-Upper Tier Acres. Notwithstanding the prohibition in
paragraph (a) of this section, a road or temporary road may only be
constructed or reconstructed in Colorado Roadless Areas outside upper
tier acres if the responsible official determines:
    (1) That one of the following exceptions exists:
    (i) A road is needed pursuant to reserved or outstanding rights, or
as provided for by statute or treaty;
    (ii) Road realignment is needed to prevent irreparable resource
damage that arises from the design, location, use, or deterioration of a
forest road and that cannot be mitigated by road maintenance. Road
realignment may occur under this paragraph only if the road is deemed
essential for administrative or public access, public health and safety,
or uses authorized under permit, easement or other legal instrument;
    (iii) Road reconstruction is needed to implement a road safety
improvement project on a forest road determined to be hazardous on the
basis of accident experience or accident potential on that road;
    (iv) The Regional Forester determines a road or temporary road is
needed to allow for the construction, reconstruction, or maintenance of
an authorized water conveyance structure which is operated pursuant to a
pre-existing water court decree with the use of the road limited to the
water right identified in the pre-existing water court decree (see also
Sec. 294.44(b)(2));
    (v) A temporary road is needed to protect public health and safety
in cases of imminent threat of flood, fire, or other catastrophic event
that, without intervention, would cause the loss of life or property;
    (vi) The Regional Forester determines a temporary road is needed to
facilitate tree cutting, sale, or removal (Sec. 294.42(c)(1)) within
the first one-half mile of the community protection zone to reduce the
wildfire hazard to an at-risk community or municipal water supply
system;
    (vii) The Regional Forester determines a temporary road is needed to
facilitate tree cutting, sale, or removal (Sec. 294.42(c)(3)) within
the first one-half mile of the community protection zone to maintain or
restore characteristics of ecosystem composition, structure and
processes;
    (viii) A temporary road is needed within a Colorado Roadless Area
pursuant to the exploration or development of an existing oil and gas
lease that does not prohibit road construction or reconstruction,
including the construction of infrastructure necessary to transport the
product, on National Forest System lands that are under lease issued by
the Secretary of the Interior as of July 3, 2012. The Forest Service
shall not authorize the Bureau of Land Management to grant any request
for a waiver, exception, or modification to any oil or gas lease if
doing so would result in any road construction within a Colorado
Roadless Area beyond that which was authorized by the terms and
conditions of the lease at the time of issuance; or
    (ix) A temporary road is needed for coal exploration and/or coal-
related surface activities for certain lands within Colorado Roadless
Areas in the North Fork coal mining area of the Grand Mesa, Uncompahgre,
and Gunnison National Forests as defined by the North Fork coal mining
area displayed on the final Colorado Roadless Areas map. Such roads may
also be used for collecting and transporting coal mine methane. Any
buried infrastructure, including pipelines, needed for the capture,
collection, and use of coal mine

[[Page 486]]

methane, will be located within the rights-of-way of temporary roads
that are otherwise necessary for coal-related surface activities
including the installation and operation of methane venting wells.
    (2) If proposed road construction/reconstruction meets one of the
exceptions, subject to the legal rights identified in Sec.
294.43(c)(1), the responsible official must determine:
    (i) Motorized access, without road construction is not feasible;
    (ii) When proposing to construct a forest road, that a temporary
road would not provide reasonable access;
    (iii) Road construction is consistent with the applicable land
management plan direction;
    (iv) Within a native cutthroat trout catchment or identified
recovery watershed, road construction will not diminish, over the long-
term, conditions in the water influence zone and the extent of the
occupied native cutthroat trout habitat; and
    (v) That watershed conservation practices will be applied to all
projects occurring in native cutthroat trout habitat.
    (d) Road construction/reconstruction/decommissioning project
implementation and management. The following elements will be
incorporated into any road construction/reconstruction projects
implemented within Colorado Roadless Areas.
    (1) Road construction/reconstruction. If it is determined that a
road is authorized in a Colorado Roadless Area, conduct construction in
a manner that reduces effects on surface resources, and prevents
unnecessary or unreasonable surface disturbance.
    (2) Road decommissioning. Decommission any road and restore the
affected landscape when it is determined that the road is no longer
needed for the established purpose prior to, or upon termination or
expiration of a contract, authorization, or permit, if possible; or upon
termination or expiration of a contract, authorization, or permit,
whichever is sooner. Require the inclusion of a road decommissioning
provision in all contracts or permits. Design decommissioning to
stabilize, restore, and revegetate unneeded roads to a more natural
state to protect resources and enhance roadless area characteristics.
Examples include obliteration, denial of use, elimination of travelway
functionality, and removal of the road prism (restoration of the road
corridor to the original contour and hydrologic function).
    (3) Road designations. The designation of a temporary road
constructed or reconstructed pursuant to this subpart may not be changed
to forest road except where a forest road is allowed under paragraphs
(b) and (c) of this section.
    (4) Road use. Use of motor vehicles for administrative purposes by
the Forest Service and by fire, emergency, or law enforcement personnel
is allowed. All roads constructed pursuant to paragraphs (b) and (c) of
this section shall prohibit public motorized vehicles (including off-
highway vehicles) except:
    (i) Where specifically used for the purpose for which the road was
established; or
    (ii) Motor vehicle use that is specifically authorized under a
Federal law or regulation.
    (5) Road maintenance. Maintenance of roads is permissible in
Colorado Roadless Areas.



Sec. 294.44  Prohibition on linear construction zones.

    (a) General. A linear construction zone may not be authorized in
Colorado Roadless Areas except as provided in paragraph (b) and (c) of
this section and Sec. 294.48 (a).
    (b) Upper Tier Acres. Notwithstanding the prohibition in paragraph
(a) of this section, a linear construction zone may only be authorized
within Colorado Roadless Area upper tier acres if the Regional Forester
determines the LCZ is needed:
    (1) Pursuant to reserved or outstanding rights, or as provided for
by statute or treaty.
    (2) For the construction, reconstruction, or maintenance of an
authorized water conveyance structure which is operated pursuant to a
pre-existing water court decree (see Sec. 294.43(c)(1)(iv));
    (c) Non-Upper Tier Acres. Notwithstanding the prohibition in
paragraph

[[Page 487]]

(a) of this section, a linear construction zone may only be authorized
within Colorado Roadless Area non-upper tier acres if the Regional
Forester determines the LCZ is needed:
    (1) Pursuant to reserved or outstanding rights, or as provided for
by statute or treaty.
    (2) For the construction, reconstruction, or maintenance of an
authorized water conveyance structure which is operated pursuant to a
pre-existing water court decree (see Sec. 294.43(c)(1)(iv));
    (3) For the construction, reconstruction, or maintenance of existing
or future authorized electrical power lines or telecommunication lines.
Electrical power lines or telecommunication lines within Colorado
Roadless Areas will only be authorized if there is no opportunity for
the project to be implemented outside of a Colorado Roadless Area
without causing substantially greater environmental damage; or
    (4) For the construction, reconstruction or maintenance of a
pipeline associated with operation of an oil and gas lease that allows
surface use within a Colorado Roadless Area or the construction,
reconstruction or maintenance of a pipeline needed to connect to
infrastructure within a Colorado Roadless Area from outside a Colorado
Roadless Area where such a connection would cause substantially less
environmental damage than alternative routes. The construction of
pipelines for the purposes of transporting oil or natural gas through a
Colorado Roadless Area, where the source(s) and destination(s) of the
pipeline are located exclusively outside of a Colorado Roadless Area,
shall not be authorized.
    (d) Proposed Linear Construction Zones. If a proposed linear
construction zone meets one of the above exceptions, then the following
must be determined:
    (1) Motorized access, without a linear construction zone, is not
feasible;
    (2) A linear construction zone is consistent with the applicable
land management plan direction;
    (3) A linear construction zone is no wider than its intended use;
    (4) Within a native cutthroat trout catchment or identified recovery
watershed, a linear construction zone will not diminish, over the long-
term, conditions in the water influence zone and the extent of the
occupied native cutthroat trout habitat;
    (5) Reclamation of a linear construction zone will not diminish,
over the long-term, roadless area characteristics; and
    (6) That watershed conservation practices will be applied to all
projects occurring in catchments with occupied native cutthroat trout
habitat.
    (e) Linear construction zone decommissioning. Where a linear
construction zone is authorized in a Colorado Roadless Area,
installation of the linear facility will be done in a manner that
minimizes ground disturbance, including placement within existing right-
of-ways where feasible. All authorizations approving the installation of
linear facilities through the use of a linear construction zone shall
include a responsible official approved reclamation plan for reclaiming
the affected landscape while conserving roadless area characteristics
over the long-term. Upon completion of the installation of a linear
facility via the use of a linear construction zone, all areas of surface
disturbance shall be reclaimed as prescribed in the authorization and
the approved reclamation plan and may not be waived.



Sec. 294.45  Environmental documentation.

    (a) Environmental documentation will be prepared pursuant to Section
102 of the National Environmental Policy Act, 40 CFR part 1500, and 36
CFR part 220 for any proposed action within a Colorado Roadless Area.
Proposed actions that would significantly alter the undeveloped
character of a Colorado Roadless Area require an Environmental Impact
Statement (EIS).
    (b) The Forest Service will offer cooperating agency status to the
State of Colorado, for all proposed projects and planning activities
subject to this rule that would be implemented on lands within Colorado
Roadless Areas. Where the Forest Service does not have the authority to
offer formal cooperating agency status, the Forest Service shall offer
to coordinate with the State.

[[Page 488]]



Sec. 294.46  Other activities.

    (a) Water Rights. This subpart in no manner restricts any party from
seeking modification of a pre-existing water court decree, but after
July 3, 2012 any Forest Service authorization required for road
construction, road reconstruction, tree cutting, or linear construction
zones associated with a modified water court decree must conform to the
requirements in this subpart; provided that road construction or
reconstruction may be authorized where necessary to change the location
of a headgate and associated ditch, pursuant to Colorado Revised Statute
2011 Sec. 37-86-111.
    (b) Oil and Gas Leases. Oil and gas leases issued within a Colorado
Roadless Area after July 3, 2012 will prohibit road construction/
reconstruction. The Forest Service shall not authorize the Bureau of
Land Management to grant any request for a waiver, exception, or
modification to any oil or gas lease if doing so would result in any
road construction within a Colorado Roadless Area. For oil and gas
leases issued in a Colorado Roadless Area prior to July 3, 2012, the
rule preserves any existing leases and surface development rights. The
rule also preserves any existing limitations on surface development
rights arising from lease terms, lease stipulations, conditions of
approval, 36 CFR 228.100, and Onshore Oil and Gas Orders.
    (c) Oil and Gas Leases on Upper Tier Acres. Oil and gas leases
issued within upper tier acres after July 3, 2012 will require a no
surface occupancy stipulation. The Forest Service shall not authorize
the Bureau of Land Management to grant any request for a waiver,
exception, or modification to any oil or gas lease if doing so would
result in surface occupancy within an upper tier area.
    (d) Oil and Gas Surface Use Plans of Operation. Where applicable and
consistent with lease rights, during the review of any application for a
surface use plan of operations affecting lands within a Colorado
Roadless Area, the responsible official will:
    (1) Locate, without compromising health and safety standards, roads,
well sites, and facilities on pre-existing areas of surface disturbance.
Project design shall minimize the amount of necessary temporary road
construction or reconstruction.
    (2) Consider an alternative for proposed operations that addresses
locating directional drilling of multi-well sites on pre-existing areas
of surface disturbance. Such an alternative can be dismissed from
detailed analysis with clear justification.
    (3) Restrict road construction for leases partially within Colorado
Roadless Areas to portions of the lease outside of Colorado Roadless
Areas except when doing so will be substantially more environmentally
damaging, compromise safety standards, or is unfeasible due to surface
and/or operational conditions.
    (4) Perform reclamation of surface disturbances incrementally, to
minimize the total area of disturbance at any given point in time during
the exploration or development of a lease.
    (5) Design temporary roads and facilities to blend with the terrain
to minimize visual impacts and to facilitate restoration when the road
is no longer needed.
    (6) Co-locate, consistent with health and safety standards, power
lines, flow lines and pipelines within the right-of-way of roads or
other LCZs to minimize the area of surface disturbance.
    (7) Consider new and developing low impact techniques and
technologies and either apply or dismiss with justification.
    (8) Consider the best available technology to minimize noise and air
emissions.
    (e) Trails. Nothing in this subpart shall affect the current or
future management of motorized and non-motorized trails in Colorado
Roadless Areas. Decisions concerning the management or status of
motorized and non-motorized trails within Colorado Roadless Areas under
this subpart shall be made during the applicable forest travel
management processes.
    (f) Motorized access. Nothing in this subpart shall be construed as
limiting the authority of the responsible official to approve existing
and future motorized access not requiring road construction or
reconstruction in Colorado Roadless Areas associated with grazing

[[Page 489]]

permits, special use authorizations, and other authorizations.
    (g) Livestock grazing. The authority to issue livestock grazing
permits on national forest system lands within a Colorado Roadless Area
is not affected by this subpart; however, no new temporary or forest
roads shall be authorized through grazing permits issued after July 3,
2012.



Sec. 294.47  Modifications and administrative corrections.

    Modifications and administrative corrections pursuant to this
subpart, after coordination with the State, may be made under the
following circumstances:
    (a) Modifications to boundaries. The Chief of the Forest Service may
modify the boundaries of any designated Colorado Roadless Area
identified in Sec. 294.49 or add new Colorado Roadless Areas based on
changed circumstances. Modifications and additions will be reflected in
the set of maps maintained at the national headquarters office of the
Forest Service. The construction or reconstruction of a temporary road
or tree cutting, sale, or removal will not result in any boundary
modification of a Colorado Roadless Area. Public notice with a minimum
90-day comment period will be provided for any proposed Colorado
Roadless Area boundary modifications or additions.
    (b) Administrative corrections to boundaries. The Chief of the
Forest Service may issue administrative corrections after public notice
and a 30-day comment period. Administrative corrections to the maps of
any designated Colorado Roadless Areas identified in Sec. 294.49,
including upper tier acres are adjustments to remedy errors such as
clerical or improvements in mapping technology. Other than clerical
errors, an administrative correction is based on improved field data due
to updated imagery, global positioning system data, or other collected
field data.
    (c) Amendments to rule language. Any amendment of this subpart will
include coordination with the State and the appropriate level of NEPA
analysis. A minimum 90-day comment period will be provided.



Sec. 294.48  Scope and applicability.

    (a) This subpart does not revoke, suspend, or modify any permit,
contract, lease, or other legal instrument authorizing or granting
rights to the occupancy and use of National Forest system land issued
prior to July 3, 2012 nor does it affect the authority or the discretion
of the responsible official to reissue any such permit, contract, or
other legal instrument upon its expiration or termination.
    (b) This subpart does not revoke, suspend, or modify any project or
activity decision made prior to July 3, 2012.
    (c) The provisions set forth in this subpart provide the maximum
level of tree cutting, sale and removal, and road construction and
reconstruction activity allowed within Colorado Roadless Areas. Land
management plan components can be more restrictive than this subpart and
will continue to provide direction and guidance for projects and
activities within Colorado Roadless Areas. Nothing in this subpart shall
prohibit a responsible official from further restricting activities
allowed within Colorado Roadless Areas. This subpart does not compel the
amendment or revision of any land management plan.
    (d) The prohibitions and restrictions established in this subpart
are not subject to reconsideration, revision, or rescission in
subsequent project decisions or land management plan amendments or
revisions undertaken pursuant to 36 CFR part 219.
    (e) Nothing in this subpart waives any applicable requirements
regarding site specific environmental analysis, public involvement,
consultation with Tribes and other agencies, or compliance with
applicable laws.
    (f) If any provision in this subpart or its application to any
person or to certain circumstances is held to be invalid, the remainder
of the regulations in this subpart and their application remain in
force.
    (g) After July 3, 2012 36 CFR 294.10 through 294.14 shall have no
effect within the State of Colorado.



Sec. 294.49  List of designated Colorado Roadless Areas.

    All National Forest System lands within the State of Colorado listed
in

[[Page 490]]

this section are hereby designated as Colorado Roadless Areas. An ``X''
in the third column indicates that some or all of that CRA contains
upper tier acres.

------------------------------------------------------------------------
                                                               Includes
        Line No.              Colorado roadless area name     upper tier
                                                                 acres
------------------------------------------------------------------------
                    Arapaho-Roosevelt National Forest
------------------------------------------------------------------------
 1......................  Bard Creek........................          X
 2......................  Byers Peak........................          X
 3......................  Cache La Poudre Adjacent Areas....          X
 4......................  Cherokee Park.....................
 5......................  Comanche Peak Adjacent Areas......          X
 6......................  Copper Mountain...................
 7......................  Crosier Mountain..................
 8......................  Gold Run..........................          X
 9......................  Green Ridge -East.................          X
 10.....................  Green Ridge -West.................          X
 11.....................  Grey Rock.........................
 12.....................  Hell Canyon.......................
 13.....................  Indian Peaks Adjacent Areas.......          X
 14.....................  James Peak........................
 15.....................  Kelly Creek.......................          X
 16.....................  Lion Gulch........................
 17.....................  Mount Evans Adjacent Areas........          X
 18.....................  Mount Sniktau.....................          X
 19.....................  Neota Adjacent Area...............          X
 20.....................  Never Summer Adjacent Area........
 21.....................  North Lone Pine...................          X
 22.....................  North St. Vrain...................          X
 23.....................  Rawah Adjacent Areas..............          X
 24.....................  Square Top Mountain...............          X
 25.....................  Troublesome.......................          X
 26.....................  Vasquez Adjacent Area.............          X
 27.....................  White Pine Mountain...............
 28.....................  Williams Fork.....................          X
------------------------------------------------------------------------
            Grand Mesa, Uncompahgre, Gunnison National Forest
------------------------------------------------------------------------
 29.....................  Agate Creek.......................
 30.....................  American Flag Mountain............
 31.....................  Baldy.............................
 32.....................  Battlements.......................
 33.....................  Beaver............................          X
 34.....................  Beckwiths.........................
 35.....................  Calamity Basin....................
 36.....................  Cannibal Plateau..................
 37.....................  Canyon Creek-Antero...............
 38.....................  Canyon Creek......................
 39.....................  Carson............................          X
 40.....................  Castle............................
 41.....................  Cataract..........................          X
 42.....................  Cimarron Ridge....................
 43.....................  Clear Fork........................
 44.....................  Cochetopa.........................          X
 45.....................  Cochetopa Hills...................
 46.....................  Cottonwoods.......................
 47.....................  Crystal Creek.....................
 48.....................  Crystal Peak......................          X
 49.....................  Curecanti.........................          X
 50.....................  Currant Creek.....................
 51.....................  Deer Creek........................
 52.....................  Dominguez.........................
 53.....................  Double Top........................
 54.....................  East Elk..........................
 55.....................  Electric Mountain.................
 56.....................  Failes Creek-Soldier Creek........          X
 57.....................  Flatirons.........................
 58.....................  Flattop Mountain..................
 59.....................  Flattops-Elk Park.................
 60.....................  Gothic............................
 61.....................  Granite Basin.....................          X
 62.....................  Hightower.........................
 63.....................  Hope Lake.........................          X
 64.....................  Horse Ranch Park..................
 65.....................  Horsefly Canyon...................          X
 66.....................  Huntsman Ridge....................
 67.....................  Italian Mountain..................
 68.....................  Johnson Basin.....................          X
 69.....................  Kannah Creek......................
 70.....................  Kelso Mesa........................
 71.....................  Last Dollar-Sheep Creek...........
 72.....................  Little Cimarron...................          X
 73.....................  Long Canyon.......................
 74.....................  Matchless Mountain................
 75.....................  Matterhorn........................          X
 76.....................  McClure Pass......................
 77.....................  Mendicant.........................          X
 78.....................  Mineral Mountain..................          X
 79.....................  Mirror Lake.......................
 80.....................  Mount Lamborn.....................          X
 81.....................  Munsey-Erickson...................          X
 82.....................  Naturita Canyon...................          X
 83.....................  North Henson......................
 84.....................  Pilot Knob........................
 85.....................  Poverty Gulch.....................          X
 86.....................  Salt Creek........................
 87.....................  Sanford Basin.....................          X
 88.....................  Sawtooth..........................          X
 89.....................  Schofield Pass....................
 90.....................  Soap Creek........................          X
 91.....................  Steuben...........................
 92.....................  Sunnyside.........................
 93.....................  Sunset............................
 94.....................  Texas Creek.......................
 95.....................  Tomahawk..........................
 96.....................  Turner Creek......................
 97.....................  Turret Ridge......................          X
 98.....................  Unaweep...........................          X
 99.....................  Union.............................
100.....................  Whetstone.........................
101.....................  Whitehouse Mountain...............          X
102.....................  Willow Creek......................
103.....................  Wilson............................          X
104.....................  Windy Point.......................
------------------------------------------------------------------------
                      Manti-La Sal National Forest
------------------------------------------------------------------------
105.....................  Roc Creek.........................          X
------------------------------------------------------------------------
                     Pike-San Isabel National Forest
------------------------------------------------------------------------
106.....................  Antelope Creek....................
107.....................  Aspen Ridge.......................          X
108.....................  Babcock Hole......................
109.....................  Badger Creek......................          X
110.....................  Boreas............................
111.....................  Buffalo Peaks East................          X
112.....................  Buffalo Peaks South...............
113.....................  Buffalo Peaks West................          X
114.....................  Burning Bear......................          X
115.....................  Chicago Ridge.....................
116.....................  Chipeta...........................
117.....................  Cuchara North.....................
118.....................  Cuchara South.....................
119.....................  Elk Mountain-Collegiate North.....          X
120.....................  Elk Mountain-Collegiate South.....
121.....................  Elk Mountain-Collegiate West......          X
122.....................  Farnum............................
123.....................  Green Mountain....................
124.....................  Greenhorn Mountain: Badito Cone to          X
                           Dry Creek.
125.....................  Greenhorn Mountain: Cisneros Creek
                           to Upper Turkey Creek.

[[Page 491]]


126.....................  Greenhorn Mountain: Graneros Creek          X
                           to Section 10.
127.....................  Greenhorn Mountain: Little Saint
                           Charles Creek to Greenhorn Creek.
128.....................  Gunbarrel.........................
129.....................  Hardscrabble......................
130.....................  Highline..........................
131.....................  Holy Cross........................          X
132.....................  Hoosier Ridge.....................          X
133.....................  Jefferson.........................
134.....................  Kaufman Ridge.....................
135.....................  Kreutzer-Princeton................          X
136.....................  Little Fountain Creek.............          X
137.....................  Lost Creek East...................
138.....................  Lost Creek South..................
139.....................  Lost Creek West...................
140.....................  Methodist Mountain................
141.....................  Mount Antero......................
142.....................  Mount Elbert......................
143.....................  Mount Evans.......................          X
144.....................  Mount Massive.....................          X
145.....................  Pikes Peak East...................
146.....................  Pikes Peak West...................
147.....................  Porphyry Peak.....................
148.....................  Puma Hills........................
149.....................  Purgatoire........................          X
150.....................  Rampart East......................          X
151.....................  Rampart West......................
152.....................  Reveille Canyon...................
153.....................  Romley............................          X
154.....................  Saint Charles Peak................
155.....................  Sangre de Cristo: Alvarado                  X
                           Campground to Music Pass.
156.....................  Sangre de Cristo: Blanca Peak to            X
                           Slide Mountain.
157.....................  Sangre de Cristo: Lake Creek to             X
                           Hermit Creek.
158.....................  Sangre de Cristo: Medano Pass to            X
                           Carbonate Mountain.
159.....................  Sangre de Cristo: Silverheels
                           Gulch to Hunts Creek.
160.....................  Sangre de Cristo: West Creek to
                           Big Cottonwood.
161.....................  Schoolmarm Mountain...............
162.....................  Scraggy Peaks.....................
163.....................  Sheep Rock........................
164.....................  Silverheels.......................          X
165.....................  Spanish Peaks.....................          X
166.....................  Square Top Mountain...............          X
167.....................  Starvation Creek..................
168.....................  Tanner Peak.......................          X
169.....................  Thirtynine Mile Mountain..........          X
170.....................  Thunder Butte.....................
171.....................  Weston Peak.......................          X
------------------------------------------------------------------------
                       Rio Grande National Forest
------------------------------------------------------------------------
172.....................  Alamosa River.....................          X
173.....................  Antora Meadows-Bear Creek.........          X
174.....................  Beartown..........................          X
175.....................  Beaver Mountain...................          X
176.....................  Bennet Mountain-Blowout-Willow              X
                           Creek-Lion Point-Greenie Mountain.
177.....................  Big Buck-Kitty-Ruby...............          X
178.....................  Box-Road Canyon...................          X
179.....................  Bristol Head......................          X
180.....................  Butterfly.........................
181.....................  Chama Basin.......................          X
182.....................  Conejos River-Lake Fork...........
183.....................  Copper Mountain-Sulphur...........          X
184.....................  Cotton Creek......................
185.....................  Crestone..........................
186.....................  Cumbres...........................          X
187.....................  Deep Creek-Boot Mountain..........          X
188.....................  Dorsey Creek......................          X
189.....................  Elkhorn Peak......................          X
190.....................  Four Mile Creek...................          X
191.....................  Fox Creek.........................          X
192.....................  Fox Mountain......................          X
193.....................  Gibbs Creek.......................
194.....................  Gold Creek-Cascade Creek..........          X
195.....................  Hot Springs.......................
196.....................  Indian Ridge......................          X
197.....................  Kitty Creek.......................
198.....................  La Garita.........................          X
199.....................  Lake Fork.........................          X
200.....................  Lower East Bellows................          X
201.....................  Middle Alder......................          X
202.....................  Miller Creek......................
203.....................  Pole Creek........................
204.....................  Pole Mountain-Finger Mesa.........          X
205.....................  Red Mountain......................          X
206.....................  Ruby Lake.........................          X
207.....................  Sawlog............................          X
208.....................  Sheep Mountain....................          X
209.....................  Silver Lakes-Stunner..............          X
210.....................  Snowshoe Mountain.................          X
211.....................  Spectacle Lake....................
212.....................  Spruce Hole-Sheep Creek...........          X
213.....................  Stunner Pass-Dolores Canyon.......          X
214.....................  Sulphur Tunnel....................
215.....................  Summit Peak-Elwood Pass...........          X
216.....................  Taylor Canyon.....................          X
217.....................  Tewksberry........................          X
218.....................  Tobacco Lakes.....................          X
219.....................  Trout Mountain-Elk Mountain.......          X
220.....................  Ute Pass..........................          X
221.....................  Wason Park........................          X
222.....................  Wightman Fork-Upper Burro.........          X
223.....................  Wightman Fork -Lookout............          X
224.....................  Willow Mountain...................          X
------------------------------------------------------------------------
                          Routt National Forest
------------------------------------------------------------------------
225.....................  Barber Basin......................
226.....................  Black Mountain....................
227.....................  Bunker Basin......................          X
228.....................  Bushy Creek.......................
229.....................  Chatfield.........................          X
230.....................  Chedsey Creek.....................
231.....................  Dome..............................
232.....................  Dome Peak.........................          X
233.....................  Elkhorn...........................
234.....................  Gold Creek........................
235.....................  Grizzly Helena....................
236.....................  Kettle Lakes......................          X
237.....................  Little Green Creek................
238.....................  Long Park.........................
239.....................  Mad Creek.........................
240.....................  Morrison Creek....................
241.....................  Never Summer North................
242.....................  Never Summer South................
243.....................  Nipple Peak North.................          X
244.....................  Nipple Peak South.................          X
245.....................  Pagoda Peak.......................          X
246.....................  Shield Mountain...................          X
247.....................  South Fork........................          X
248.....................  Sugarloaf North...................
249.....................  Sugarloaf South...................          X
250.....................  Troublesome North.................          X
251.....................  Troublesome South.................          X
252.....................  Walton Peak.......................
253.....................  Whalen Creek......................
------------------------------------------------------------------------

[[Page 492]]


                        San Juan National Forest
------------------------------------------------------------------------
254.....................  Baldy.............................
255.....................  Blackhawk Mountain................
256.....................  East Animas.......................          X
257.....................  Fish Creek........................
258.....................  Florida River.....................
259.....................  Graham Park.......................          X
260.....................  HD Mountains......................
261.....................  Hermosa...........................          X
262.....................  Lizard Head Adjacent..............          X
263.....................  Piedra Area Adjacent..............          X
264.....................  Runlett Park......................
265.....................  Ryman.............................          X
266.....................  San Miguel........................          X
267.....................  South San Juan Adjacent...........          X
268.....................  Storm Peak........................
269.....................  Treasure Mountain.................          X
270.....................  Turkey Creek......................          X
271.....................  Weminuche Adjacent................          X
272.....................  West Needles......................          X
273.....................  Winter Hills/Serviceberry Mountain
------------------------------------------------------------------------
                       White River National Forest
------------------------------------------------------------------------
274.....................  Adam Mountain.....................
275.....................  Ashcroft..........................
276.....................  Assignation Ridge.................          X
277.....................  Baldy Mountain....................
278.....................  Basalt Mountain A.................
279.....................  Basalt Mountain B.................
280.....................  Berry Creek.......................
281.....................  Big Ridge to South Fork A.........          X
282.....................  Big Ridge to South Fork B.........          X
283.....................  Black Lake East...................
284.....................  Black Lake West...................
285.....................  Blair Mountain....................
286.....................  Boulder...........................
287.....................  Budges............................
288.....................  Buffer Mountain...................
289.....................  Burnt Mountain....................
290.....................  Chicago Ridge.....................          X
291.....................  Corral Creek......................          X
292.....................  Crystal River.....................
293.....................  Deep Creek........................          X
294.....................  Dome Peak.........................          X
295.....................  East Divide-Four Mile Park........
296.....................  East Vail.........................
297.....................  East Willow.......................
298.....................  Elk Creek B.......................
299.....................  Elliot Ridge......................          X
300.....................  Fawn Creek-Little Lost Park.......
301.....................  Freeman Creek.....................          X
302.....................  Gallo Hill........................
303.....................  Game Creek........................
304.....................  Grizzly Creek.....................
305.....................  Gypsum Creek......................          X
306.....................  Hardscrabble......................
307.....................  Hay Park..........................
308.....................  Holy Cross City...................
309.....................  Homestake.........................
310.....................  Hoosier Ridge.....................          X
311.....................  Housetop Mountain.................
312.....................  Hunter............................          X
313.....................  Little Grand Mesa.................          X
314.....................  Lower Piney.......................
315.....................  Mamm Peak.........................
316.....................  Maroon East.......................
317.....................  Maryland Creek....................
318.....................  McClure Pass......................
319.....................  McFarlane.........................
320.....................  Meadow Mountain A.................
321.....................  Meadow Mountain B.................
322.....................  Morapos A.........................
323.....................  Morapos B.........................
324.....................  Mormon Creek......................          X
325.....................  No Name...........................
326.....................  North Elk.........................
327.....................  North Independent A...............          X
328.....................  North Independent B...............
329.....................  North Woody.......................
330.....................  Pagoda Peak.......................
331.....................  Piney Lake........................
332.....................  Porcupine Peak....................          X
333.....................  Ptarmigan A.......................
334.....................  Ptarmigan B.......................          X
335.....................  Ptarmigan C.......................          X
336.....................  Ptarmigan Hill A..................
337.....................  Ptarmigan Hill B..................
338.....................  Red Dirt A........................
339.....................  Red Dirt B........................
340.....................  Red Mountain......................
341.....................  Red Table.........................          X
342.....................  Reno Mountain.....................
343.....................  Ripple Creek Pass-Trappers Lake...          X
344.....................  Ryan Gulch........................
345.....................  Salt Creek........................
346.....................  Sloan Peak........................          X
347.....................  Spraddle Creek A..................          X
348.....................  Spraddle Creek B..................
349.....................  Sweetwater A......................          X
350.....................  Sweetwater B......................
351.....................  Tenderfoot Mountain...............          X
352.....................  Tenmile...........................
353.....................  Thompson Creek....................
354.....................  Tigiwon...........................          X
355.....................  Treasure Mountain.................          X
356.....................  West Brush Creek..................
357.....................  West Lake Creek...................
358.....................  Wildcat Mountain..................
359.....................  Wildcat Mountain B................
360.....................  Wildcat Mountain C................
361.....................  Williams Fork.....................
362.....................  Willow............................
363.....................  Woods Lake........................          X
------------------------------------------------------------------------



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 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.

[[Page 493]]

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 following 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 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

[[Page 494]]

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 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

[[Page 495]]

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 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

[[Page 496]]

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 archaeological
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. Sec. 296.8 and 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. Sec.
296.5(b)(5), 296.7, 296.8(a) (3), (4), (5), (6), and (7), 296.9, 296.10,
296.12, and 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 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

[[Page 497]]

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
documents 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 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

[[Page 498]]

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 determines 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;
    (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

[[Page 499]]

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 archaeological 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 institutions in which any collected materials and data shall
be deposited; and
    (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.

[[Page 500]]

    (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, 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

[[Page 501]]

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 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

[[Page 502]]

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 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

[[Page 503]]

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;
    (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;

[[Page 504]]

    (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 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

[[Page 505]]

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 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

[[Page 506]]

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, unless otherwise noted. Correctly
designated at 49 FR 6896, Feb. 24, 1984.



                   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
boundaries of a component of the National Wild and Scenic Rivers System
pursuant to section 3(a) or 2(a)(ii) of the Act.

[[Page 507]]



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 509]]



                              FINDING AIDS




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  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 511]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2014)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)

[[Page 512]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)
        II  Recovery Accountability and Transparency Board (Parts 
                200--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)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       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)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)

[[Page 513]]

    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)

[[Page 514]]

    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         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)
       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)

[[Page 515]]

      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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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 Policy and New Uses, 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  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and 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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)

[[Page 516]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)

[[Page 517]]

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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 Industry and Security, Department of 
                Commerce (Parts 700--799)
      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)

[[Page 518]]

                    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  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        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  Office of Workers' Compensation Programs, 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 Service, Department of 
                Labor (Parts 1000--1099)

[[Page 519]]

                       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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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  Millennium Challenge Corporation (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)

                          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)

[[Page 520]]

        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)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         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--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        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)

[[Page 521]]

        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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 522]]

      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security 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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)

[[Page 523]]

         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
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (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) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

[[Page 524]]

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 525]]

       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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 Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       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)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       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 (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)

[[Page 526]]

         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       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)

[[Page 527]]

       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)
     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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  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  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)

[[Page 528]]

        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  Broadcasting Board of Governors (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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (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  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)

[[Page 529]]

         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)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 531]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2014)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 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
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 532]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I

[[Page 533]]

Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 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
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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                             2, IX; 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
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  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                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 534]]

  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-Import Bank of the United States           2, XXXV; 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
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 535]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  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
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  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
  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
Homeland Security, Department of                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V

[[Page 536]]

Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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
Investment Security, Office of                    31, VIII
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                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 537]]

  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
  Office of Workers' Compensation Programs        20, VII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
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

[[Page 538]]

National Science Foundation                       2, XXV; 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, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
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
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 539]]

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                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
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
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  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
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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
U.S. Copyright Office                             37, II

[[Page 540]]

Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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 541]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2009 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2009

36 CFR
                                                                   74 FR
                                                                    Page
Chapter II
200.4 (e) correctly revised........................................19143
219 Revised........................................................67062
223 Regulation at 73 FR 79386 eff. date delayed.......5107, 14049, 26091
223.49 Revised.....................................................40743
223.50 (b) introductory text and (f) revised; (b)(3) added.........40744
223.215--223.242 (Subpart G) Regulation at 73 FR 79386 eff. date 
        delayed.......................................5107, 14049, 26091
223.275--223.282 (Subpart H) Regulation at 73 FR 79386 eff. date 
        delayed.......................................5107, 14049, 26091
242.3 (b)(5) correctly revised.....................................34696
242.24 (a)(2) revised..............................................14054
242.27 Added; eff. 4-1-09 through 3-31-11..........................14058
242.28 Added; eff. 4-1-09 through 3-31-11..........................14071
251.51 Amended.....................................................68381
251.53 (e) revised.................................................68381
251.54 (f)(1)(ii) revised; (f)(2) removed; (f)(3) redesignated as 
        new (f)(2).................................................68381
251.60 (a)(1)(i)(A), (2)(i), (ii) and (g) revised..................68381
251.65 Revised.....................................................68382
261.6 Regulation at 73 FR 79392 eff. date delayed.....5107, 14049, 26091

                                  2010

36 CFR
                                                                   75 FR
                                                                    Page
Chapter II
242 Seasonal adjustments...........................................48857
242.10 (d)(4)(vi) revised; (d)(4)(vii) through (xix) redesignated 
        as (d)(4)(viii) through (xx); new (d)(4)(vii) added........63092
242.18 (a) introductory text revised...............................63092
242.19 Revised.....................................................63092
242.24 (a)(1) revised..............................................37923
242.25 Revised.....................................................37930
242.26 Added.......................................................37934
242.27 (i)(3)(xiii)(A) and (B) added; eff. 4-1-11 through 3-31-11 
                                                                   37969
    Regulation at 75 FR 37969 eff. date corrected to 3-1-11 
through 3-31-11....................................................52627
251.60 (a)(2)(i), (ii) and (g) correctly revised...................14495
    (a)(2)(i) correctly revised....................................24802

                                  2011

36 CFR
                                                                   76 FR
                                                                    Page
Chapter II
230.1--230.10 (Subpart A) Revised..................................65130
242.10 (b)(1) and (d)(2) revised...................................56114
242.22 (b) revised.................................................12569
242.24 (a)(2) revised..............................................12569
242.27 Added.......................................................12573
242.28 Added.......................................................12585

[[Page 542]]

261.2 Amended.......................................................3017
261.16 (j) and (k) revised.........................................58404
261.53 (g) added....................................................3017
294.29 Table correctly amended.....................................17342

                                  2012

36 CFR
                                                                   77 FR
                                                                    Page
Chapter II
219 Revised........................................................21260
219.4 (a) introductory text, (2) and (b)(2)(iii) correctly revised
                                                                   44144
219.6 (a)(1) correctly revised.....................................44145
219.7 (c)(2)(viii) correctly revised...............................44145
219.11 (d)(4) introductory text and (ii) correctly revised.........44145
219.17 (b)(2) and (3) correctly revised............................44145
219.19 Correctly amended...........................................44145
230 Regulation at 76 FR 65130 confirmed............................65103
230.1--230.10 (Subpart A) Regulation at 76 FR 65130 confirmed......65103
242.23 Regulation at 72 FR 25697 compliance date extended..........12477
242.24 (a)(1) revised..............................................35487
242.25 Revised.....................................................35494
242.26 Revised.....................................................35498
261.52 (j) revised.................................................58493
294.40--294.49 (Subpart D) Added...................................39602

                                  2013

36 CFR
                                                                   78 FR
                                                                    Page
Chapter II
212.8 (d)(5) revised...............................................33717
214 Added..........................................................33717
215.1 (b) revised..................................................33723
215.2 Amended......................................................33723
215.11 (d) removed.................................................33723
215.14 (b)(5) removed; (b)(6) through (9) redesignated as (b)(5) 
        through (8)................................................33723
215.15 (c) revised.................................................33723
218 Revised........................................................18497
219.11 (d)(6) correctly revised....................................23492
220.6 (e)(18), (19) and (20) added.................................56163
222 Authority citation revised.....................................33723
222.20--222.36 (Subpart B) Redesignated as 222.60--222.76 (Subpart 
        D); new 222.20--222.36 (Subpart B) added...................33723
222.50--222.54 (Subpart C) Authority citation revised..............33724
222.60--222.76 (Subpart D) Redesignated from 222.20--222.36 
        (Subpart B); authority citation revised....................33723
228 Authority citation revised.....................................33724
228.14 Revised.....................................................33724
228.65 (b)(4) revised..............................................33724
228.66 (c) revised.................................................33724
228.107 (c) revised................................................33724
241.22 (e) and (f) revised.........................................33724
242.27 Revised.....................................................19112
251.15 (a)(2)(iv) and (3) revised..................................33724
251.51 Amended.....................................................33725
    Amended; interim; eff. 7-29-13.................................38843
251.54 (g)(3)(iii) amended.........................................33725
251.60 (a)(1)(ii), (2)(ii) and (h)(2) revised......................33725
251.61 Revised.....................................................33725
251.80--251.103 (Subpart C) Removed................................33725
251.126 Revised....................................................33725
254.1--254.17 (Subpart A) Authority citation Revised...............33725
254.4 (g) revised..................................................33725
254.13 (b) revised.................................................33725
254.14 (b)(6) revised..............................................33725
254.15 (c)(2) amended..............................................33726
292.15 (l) revised.................................................33726
292.17--292.18 (Subpart D) Authority citation revised..............33726
292.18 (f) revised.................................................33726

                                  2014

   (Regulations published from January 1, 2014, through July 1, 2014)

36 CFR
                                                                   79 FR
                                                                    Page
Chapter II
242.24 (a)(1) revised..............................................35237
242.26 Revised.....................................................35243
294.29 Table amended...............................................33437


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