[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 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, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    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........................     527
      Alphabetical List of Agencies Appearing in the CFR......     547
      List of CFR Sections Affected...........................     557

[[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 
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    To determine whether a Code volume has been amended since its 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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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 
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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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``[RESERVED]'' TERMINOLOGY

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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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the requirements of 1 CFR part 51 are met. Some of the elements on which 
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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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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
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the revision dates of the 50 CFR titles.

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[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, 2023.

    For this volume, Christine Aurigema was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[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......................          28
214             Postdecisional administrative review process 
                    for occupancy or use of National Forest 
                    System lands and resources..............          29
215

[Reserved]

216             Public notice and comment for standards, 
                    criteria, and guidance applicable to 
                    Forest Service programs.................          38
218             Project-level predecisional administrative 
                    review process..........................          39
219             Planning....................................          51
220             National Environmental Policy Act (NEPA) 
                    compliance..............................          81
221             Timber management planning..................          93
222             Range management............................          94
223             Sale and disposal of National Forest System 
                    timber, special forest products, and 
                    forest botanical products...............         113
228             Minerals....................................         186
230             State and private forestry assistance.......         220
241             Fish and wildlife...........................         228
242             Subsistence management regulations for 
                    public lands in Alaska..................         231
251             Land uses...................................         351
254             Landownership adjustments...................         396
261             Prohibitions................................         414
262             Law enforcement support activities..........         428
264             Property management.........................         432
271             Use of ``Smokey Bear'' symbol...............         433
272             Use of ``Woodsy Owl'' symbol................         434

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290             Cave resources management...................         436
291             Paleontological resources preservation......         438
292             National recreation areas...................         453
293             Wilderness--primitive areas.................         479
294             Special areas...............................         484
296             Protection of archaeological resources: 
                    Uniform regulations.....................         509
297             Wild and scenic rivers......................         522
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_Over-Snow Vehicle Use

212.80 Purpose, scope, and definitions.
212.81 Over-snow vehicle use.



      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, except for over-snow vehicle use, 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.
    Designation of over-snow vehicle use. Designation of a National 
Forest System road, a National Forest System trail, or an area on 
National Forest System lands where over-snow vehicle use is allowed 
pursuant to Sec.  212.81.
    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,

[[Page 16]]

National Forest System trails, and airfields on National Forest System 
lands.
    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.
    Over-snow vehicle use map. A map reflecting roads, trails, and areas 
designated for over-snow vehicle use on an administrative unit or a 
Ranger District of the National Forest System.
    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.

[[Page 17]]

    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 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; 80 FR 4511, Jan. 28, 2015]



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

[[Page 18]]

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

    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.

    (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 over-snow vehicle use. After 
these roads, trails, and areas are designated, over-snow vehicle use not 
in accordance with these designations is prohibited by 36 CFR 261.14. 
Over-snow vehicle use off designated roads and trails and outside 
designated areas is prohibited by 36 CFR 261.14.
    (b) Scope. The Responsible Official may incorporate previous 
administrative decisions regarding over-snow vehicle use made under 
other authorities in designating National Forest System roads, National 
Forest System trails, and areas on National Forest System lands for 
over-snow vehicle use under this subpart.
    (c) Definitions. For definitions of terms used in this subpart, 
refer to Sec.  212.1.

[80 FR 4511, Jan. 28, 2015]



Sec.  212.81  Over-snow vehicle use.

    (a) General. Over-snow vehicle use on National Forest System roads, 
on National Forest System trails, and in areas on National Forest System 
lands shall be designated by the Responsible Official on administrative 
units or Ranger Districts, or parts of administrative units or Ranger 
Districts, of the National Forest System where snowfall is adequate for 
that use to occur, and, if appropriate, shall be designated by class of 
vehicle and time of year, provided that the following uses are exempted 
from these decisions:
    (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) Over-snow vehicle use that is specifically authorized under a 
written authorization issued under Federal law or regulations.
    (b) Previous over-snow vehicle decisions. Public notice with no 
further public involvement is sufficient if an administrative unit or a 
Ranger District has made previous administrative decisions, under other 
authorities and including public involvement, which restrict over-snow 
vehicle use to designated routes and areas over the entire 
administrative unit or Ranger District, or parts of the administrative 
unit or Ranger District, where snowfall is adequate for OSV use to 
occur, and no change is proposed to these previous decisions.
    (c) Identification of roads, trails, and areas for over-snow vehicle 
use. Designation of National Forest System roads, National Forest System 
trails, and areas on National Forest System lands for over-snow vehicle 
use shall be reflected on an over-snow vehicle use map. Over-snow 
vehicle use maps shall be made available to the public at headquarters 
of corresponding administrative units and Ranger Districts of the 
National Forest System and, as soon as practicable, on the Web site of 
the corresponding administrative units

[[Page 28]]

and Ranger Districts. Over-snow vehicle use maps shall specify the 
classes of vehicles and the time of year for which use is designated, if 
applicable.
    (d) Decision-making process. Except as modified in paragraph (b) of 
this section, 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 (public involvement), 212.53 
(coordination), 212.54 (revision), 212.55 (designation criteria 
(including minimization)), and 212.57 (monitoring), shall apply to 
decisions made under this subpart. In making decisions under this 
subpart, 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).

[80 FR 4511, Jan. 28, 2015]



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



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

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



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

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

[[Page 29]]



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 
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.

[[Page 30]]



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 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:

[[Page 31]]

    (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 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

[[Page 32]]

    (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.
    (e) Paleontological resources. An authorization or permit issued 
under the Paleontological Resources Preservation Act of 2009 and 36 CFR 
part 291 for collection of paleontological resources.

[78 FR 33717, June 5, 2013, as amended at 80 FR 21629, Apr. 17, 2015]



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 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.

[[Page 33]]

    (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 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

[[Page 34]]

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.



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.

[[Page 35]]

    (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
    (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

[[Page 36]]

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.
    (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.

[[Page 37]]

    (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:
    (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

[[Page 38]]

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 
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 [RESERVED]



PART 216_PUBLIC NOTICE AND COMMENT FOR STANDARDS, CRITERIA, AND 
GUIDANCE APPLICABLE TO FOREST SERVICE PROGRAMS--Table of Contents



Sec.
216.1 Purpose and scope.
216.2 Definition.
216.3 Notice and opportunity for public comment.
216.4 Interim directives.

    Authority: 16 U.S.C. 1612(a).

    Source: 83 FR 13649, March 30, 2018, unless otherwise noted.

[[Page 39]]



Sec.  216.1  Purpose and scope.

    (a) This part sets forth the process that the Forest Service will 
use to ensure adequate notice and an opportunity for comment from the 
public, Tribal, State and local governments, and other Federal agencies 
with respect to the formulation in Forest Service directives of 
standards, criteria, and guidelines applicable to Forest Service 
programs. Nothing in this Part restricts the Forest Service from 
providing additional public participation opportunities, including 
public hearings, where appropriate.
    (b) This part applies to the formulation in Forest Service 
directives of standards, criteria, and guidelines applicable to Forest 
Service programs. This part does not apply to Forest Service directives 
pertaining to law enforcement and investigations; personnel matters; 
procurement; administrative support activities such as budget and 
finance; business operations; and activities undertaken by the Forest 
Service on behalf of other Federal agencies. To the extent that any 
other part in this chapter of the Code of Federal Regulations requires 
greater opportunities for the public to participate with respect to 
policymaking or the issuance of directives than are required by this 
part, the other Part shall be controlling.



Sec.  216.2  Definition.

    Directive means the contents of the Forest Service Manual and Forest 
Service Handbooks issued as described at 36 CFR 200.4(c).

[85 FR 2864, Jan. 16, 2020]



Sec.  216.3  Notice and an opportunity for public comment.

    (a) Prior to issuing a final directive subject to this part, the 
Forest Service shall:
    (1) Provide notice to the public of a proposed directive or interim 
directive and provide an opportunity to submit comments during a comment 
period of not less than 30 days in accordance with the requirements this 
section; and,
    (2) Review, consider and respond to timely comments received.
    (b) Notices required by paragraph (a) of this section shall:
    (1) Be published on a schedule for proposed directives and interim 
directives maintained by the Forest Service in a centralized repository 
on the Forest Service website.
    (2) Provide a physical mailing address and an internet address or 
similar online resource for submitting comments.
    (c) Notices of final directives shall be published on a schedule on 
the Forest Service website.

[83 FR 13649, March 30, 2018, as amended at 85 FR 2864, Jan. 16, 2020]



Sec.  216.4  Interim directives.

    Upon a finding of good cause that an exigency exists, an interim 
directive may be effective in advance of providing notice and an 
opportunity for public comment. As described in Sec.  216.3, opportunity 
will be given for public comment before the interim directive is made 
final. The basis for the determination that good cause exists for the 
issuance of an interim directive shall be published at the time the 
directive is issued.



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.

[[Page 40]]

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; Sec. 431, Pub. L. 113-76; Sec. 
8006, Pub. L. 113-79.

    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.
    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.

[[Page 41]]

    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 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

[[Page 42]]

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 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

[[Page 43]]

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.
    (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).

[[Page 44]]

    (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 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;

[[Page 45]]

    (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 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.

[[Page 46]]



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 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

[[Page 47]]

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 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:

[[Page 48]]

    (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) Any project or activity categorically excluded from 
documentation in an environmental assessment or environmental impact 
statement.
    (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.

[78 FR 18497, Mar. 27, 2013, as amended at 79 FR 44293, July 31, 2014]



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.
    (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

[[Page 49]]

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 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

[[Page 50]]

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.
    (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,

[[Page 51]]

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.
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

[[Page 52]]

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), 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

[[Page 53]]

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 for 
assessment; developing, amending, or revising a plan; and monitoring. 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 scientific information was used to inform the assessment, the 
plan or amendment decision, and the monitoring program as required in 
Sec. Sec.  219.6(a)(3) and 219.14(a)(3). 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.

[81 FR 90737, Dec. 15, 2016]



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

[[Page 54]]

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 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

[[Page 55]]

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.
    (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.

[[Page 56]]

    (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;
    (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]

[[Page 57]]



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)).
    (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:

[[Page 58]]

    (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 
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.

    A plan developed or revised under this part 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:

[[Page 59]]

    (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 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.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]

[[Page 60]]



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) of this section 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) of this section is intended to provide for additional ecological 
conditions not otherwise provided by compliance with paragraph (a) of 
this section for individual species as set forth in paragraph (b) of 
this section. A plan developed or revised under this part 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.
    (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.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]



Sec.  219.10  Multiple use.

    While meeting the requirements of Sec. Sec.  219.8 and 219.9, a plan 
developed or revised under this part must provide for ecosystem services 
and multiple uses, including outdoor recreation, range,

[[Page 61]]

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.
    (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.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]



Sec.  219.11  Timber requirements based on the NFMA.

    While meeting the requirements of Sec. Sec.  219.8 through 219.10, a 
plan developed or revised under this part must include plan components, 
including standards or guidelines, and other plan content regarding 
timber management within

[[Page 62]]

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. Except as provided in paragraphs (d)(4)(i) through 
(iii) of this section, this limit may not exceed 60 acres for the 
Douglas-fir forest type of California, Oregon, and Washington; 80 acres 
for the southern yellow pine types of Alabama, Arkansas, Georgia, 
Florida, Louisiana, Mississippi, North Carolina, South Carolina, 
Oklahoma, and Texas; 100 acres for the hemlock-Sitka spruce forest type 
of coastal Alaska; and 40 acres for all other forest types.
    (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 to help achieve desired ecological conditions in 
the plan area. If so, standards for exceptions shall include the 
particular conditions under which the

[[Page 63]]

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; 81 FR 90737, Dec. 15, 2016; 86 FR 68149, Dec. 
1, 2021]



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 component needs to have a corresponding monitoring question.

[[Page 64]]

    (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.
    (2) The regional forester shall develop a broader-scale monitoring 
strategy as soon as practicable.

[[Page 65]]

    (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 and to 
determine the scope and scale of any amendment. 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 requirements. For every plan amendment, 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

[[Page 66]]

need to change the plan. The responsible official must include 
information in the initial notice for the amendment (Sec.  219.16(a)(1)) 
about which substantive requirements of Sec. Sec.  219.8 through 219.11 
are likely to be directly related to the amendment (Sec.  219.13(b)(5)).
    (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. Except for an amendment that applies 
only to one project or activity, a proposed amendment that may create a 
significant environmental effect and thus requires preparation of an 
environmental impact statement is considered a significant change in the 
plan for the purposes of the NFMA and therefore requires a 90-day 
comment period for the proposed plan and draft environmental impact 
statement (Sec.  219.16(a)(2)), in addition to meeting the requirements 
of this section.
    (4) Follow the applicable format for plan components set out at 
Sec.  219.7(e) for the plan direction added or modified by the 
amendment, except that where an amendment to a plan developed or revised 
under a prior planning regulation would simply modify the area to which 
existing direction applies, the responsible official may retain the 
existing formatting for that direction.
    (5) Determine which specific substantive requirement(s) within 
Sec. Sec.  219.8 through 219.11 are directly related to the plan 
direction being added, modified, or removed by the amendment and apply 
such requirement(s) within the scope and scale of the amendment. The 
responsible official is not required to apply any substantive 
requirements within Sec. Sec.  219.8 through 219.11 that are not 
directly related to the amendment.
    (i) The responsible official's determination must be based on the 
purpose for the amendment and the effects (beneficial or adverse) of the 
amendment, and informed by the best available scientific information, 
scoping, effects analysis, monitoring data or other rationale.
    (ii) When basing the determination on adverse effects:
    (A) The responsible official must determine that a specific 
substantive requirement is directly related to the amendment when 
scoping or NEPA effects analysis for the proposed amendment reveals 
substantial adverse effects associated with that requirement, or when 
the proposed amendment would substantially lessen protections for a 
specific resource or use.
    (B) If the appropriate NEPA documentation for an amendment is a 
categorical exclusion or an environmental assessment accompanied by a 
finding of no significant impact (Sec.  219.13(b)(3)), there is a 
rebuttable presumption that the amendment will not have substantial 
adverse effects.
    (6) For an amendment to a plan developed or revised under a prior 
planning regulation, if species of conservation concern (SCC) have not 
been identified for the plan area and if scoping or NEPA effects 
analysis for the proposed amendment reveals substantial adverse impacts 
to a specific species, or if the proposed amendment would substantially 
lessen protections for a specific species, the responsible official must 
determine whether such species is a potential SCC, and if so, apply 
section Sec.  219.9(b) with respect to that species as if it were an 
SCC.
    (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)).

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90738, Dec. 15, 2016]



Sec.  219.14  Decision document and planning records.

    (a) Decision document approving a new plan, plan amendment, or 
revision. The

[[Page 67]]

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 part 220). The decision document 
must include:
    (1) The rationale for approval;
    (2) A statement of how the plan, plan amendment, or plan revision 
applies to approved projects and activities (Sec.  219.15);
    (3) 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);
    (4) 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
    (5) The effective date of the plan, amendment, or revision.
    (b) Decision document for a new plan or plan revision. In addition 
to meeting the requirements of paragraph (a) of this section, the 
decision document must include 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.
    (c) Decision document for a plan amendment. In addition to meeting 
the requirements of paragraph (a) of this section, the decision document 
must explain how the responsible official determined:
    (1) The scope and scale of the plan amendment; and
    (2) Which specific requirements within Sec. Sec.  219.8 through 
219.11 apply to the amendment and how they were applied.
    (d) 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.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90738, Dec. 15, 2016]



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 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

[[Page 68]]

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, 
except for an amendment that applies only to one project or activity. 
For an amendment that applies only to one project or activity for which 
a draft EIS is prepared, the comment period is at least 45 days unless a 
different time period is required by law or regulation or authorized 
pursuant to 40 CFR 1506.10(d). 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 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.

[[Page 69]]

    (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.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90739, Dec. 15, 2016]



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 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

[[Page 70]]

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 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.

[[Page 71]]

    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;
    (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,

[[Page 72]]

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 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

[[Page 73]]

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 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

[[Page 74]]

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.
    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

[[Page 75]]

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.
    (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

[[Page 76]]

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 (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.

[[Page 77]]

    (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.



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

[[Page 78]]

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.



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

[[Page 79]]

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.



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

[[Page 80]]

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.
    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

[[Page 81]]

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 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.

[[Page 82]]



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;
    (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).

[[Page 83]]

    (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 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.
    (j) Determination of NEPA Adequacy (DNA). (1) An existing 
environmental analysis prepared pursuant to NEPA and the Council on 
Environmental Quality regulations may be used in its entirety for a new 
proposed action if the Responsible Official determines that the existing 
NEPA analysis adequately assesses the environmental effects of the 
proposed action and reasonable alternatives. The responsible official 
must determine and document that each of the following elements is met:

[[Page 84]]

    (i) The new proposed action is substantially the same as a 
previously analyzed proposed action or alternative analyzed in detail in 
the existing NEPA analysis.
    (ii) The range of alternatives analyzed in the existing NEPA 
document(s) is appropriate with respect to the new proposed action.
    (iii) Any new information or circumstances relevant to environmental 
concerns would not substantially change the analysis in an existing NEPA 
document(s).
    (iv) The environmental effects that would result from implementation 
of the new proposed action are similar to those analyzed in the existing 
NEPA document(s).
    (2) A DNA for a new proposed action shall be included in the project 
record for the new proposed action. Proposed actions undergoing a DNA 
review shall:
    (i) Be included on the SOPA;
    (ii) Be subject to scoping;
    (iii) Be subject to pre-decisional administrative review, if 
applicable; and
    (iv) Include issuance of a new decision document (decision memo, 
decision notice, or record of decision) when approved.

[73 FR 43093, July 24, 2008, as amended at 85 FR 73630, Nov. 19, 2020]



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.

[[Page 85]]

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 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

[[Page 86]]

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;
    (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.

[[Page 87]]

    (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 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) [Reserved]
    (11) Issuance of a new special use authorization to replace an 
existing or expired special use authorization, when such issuance is to 
account only for administrative changes, such as a change in ownership 
of authorized improvements or expiration of the current authorization, 
and where there are no changes to the authorized facilities or increases 
in the scope or magnitude of authorized activities. The applicant or 
holder must be in compliance with all the terms and conditions of the 
existing or expired special use authorization. Subject to the foregoing 
conditions, examples include but are not limited to:
    (i) Issuing a new authorization to replace a powerline facility 
authorization that is at the end of its term;
    (ii) Issuing a new permit to replace an expired permit for a road 
that continues to be used as access to non-NFS lands; and
    (iii) Converting a transitional priority use outfitting and guiding 
permit to a priority use outfitting and guiding permit.
    (12) Issuance of a new authorization or amendment of an existing 
authorization for recreation special uses that occur on existing roads 
or trails, in existing facilities, in existing recreation sites, or in 
areas where such activities are allowed. Subject to the foregoing 
condition, examples include but are not limited to:
    (i) Issuance of an outfitting and guiding permit for mountain biking 
on NFS trails that are not closed to mountain biking;
    (ii) Issuance of a permit to host a competitive motorcycle event;
    (iii) Issuance of an outfitting and guiding permit for backcountry 
skiing;
    (iv) Issuance of a permit for a one-time use of existing facilities 
for other recreational events; and
    (v) Issuance of a campground concession permit for an existing 
campground that has previously been operated by the Forest Service.
    (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 (25) 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.

[[Page 88]]

    (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 special uses that 
require less than 20 acres of NFS lands. Subject to the preceding 
condition, 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 utility corridor that crosses a 
national forest;
    (v) Approving the installation of a driveway or other facilities 
incidental to use of a private residence; and
    (vi) Approving new or additional communication facilities, 
associated improvements, or communication uses at a site already 
identified as available for these purposes.
    (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
    (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;

[[Page 89]]

    (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) [Reserved]
    (11) Post-fire rehabilitation activities, not to exceed 4,200 acres 
(such as 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) [Reserved]
    (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 water control structures 
such as, but

[[Page 90]]

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, including unauthorized roads and trails 
and 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 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 a trail to a natural state by reestablishing natural 
drainage patterns, stabilizing slopes, reestablishing vegetation, and 
installing water bars; and
    (iii) Installing boulders, logs, and berms on a road segment to 
promote naturally regenerated grass, shrub, and tree growth.
    (21) Construction, reconstruction, decommissioning, relocation, or 
disposal of buildings, infrastructure, or other improvements at an 
existing administrative site, as that term is defined in section 502(1) 
of Public Law 109-54 (119 Stat. 559; 16 U.S.C. 580d note). Examples 
include but are not limited to:
    (i) Relocating an administrative facility to another existing 
administrative site;
    (ii) Construction, reconstruction, or expansion of an office, a 
warehouse, a lab, a greenhouse, or a fire-fighting facility;
    (iii) Surface or underground installation or decommissioning of 
water or waste disposal system infrastructure;

[[Page 91]]

    (iv) Disposal of an administrative building; and
    (v) Construction or reconstruction of communications infrastructure.
    (22) Construction, reconstruction, decommissioning, or disposal of 
buildings, infrastructure, or improvements at an existing recreation 
site, including infrastructure or improvements that are adjacent or 
connected to an existing recreation site and provide access or utilities 
for that site. Recreation sites include but are not limited to 
campgrounds and camping areas, picnic areas, day use areas, fishing 
sites, interpretive sites, visitor centers, trailheads, ski areas, and 
observation sites. Activities within this category are intended to apply 
to facilities located at recreation sites managed by the Forest Service 
and those managed by concessioners under a special use authorization. 
Examples include but are not limited to:
    (i) Constructing, reconstructing, or expanding a toilet or shower 
facility;
    (ii) Constructing or reconstructing a fishing pier, wildlife viewing 
platform, dock, or other constructed feature at a recreation site;
    (iii) Installing or reconstructing a water or waste disposal system;
    (iv) Constructing or reconstructing campsites;
    (v) Disposal of facilities at a recreation site;
    (vi) Constructing or reconstructing a boat landing;
    (vii) Replacing a chair lift at a ski area;
    (viii) Constructing or reconstructing a parking area or trailhead; 
and
    (ix) Reconstructing or expanding a recreation rental cabin.
    (23) Road management activities on up to 8 miles of NFS roads and 
associated parking areas. Activities under this category cannot include 
construction or realignment. Examples include but are not limited to:
    (i) Rehabilitating an NFS road or parking area where management 
activities go beyond repair and maintenance;
    (ii) Shoulder-widening or other safety improvements within the 
right-of-way for an NFS road; and
    (iii) Replacing a bridge along an NFS road.
    (24) Construction and realignment of up to 2 miles of NFS roads and 
associated parking areas. Examples include but are not limited to:
    (i) Constructing an NFS road to improve access to a trailhead or 
parking area;
    (ii) Rerouting an NFS road to minimize resource impacts; and
    (iii) Improving or upgrading the surface of an NFS road to expand 
its capacity.
    (25) Forest and grassland management activities with a primary 
purpose of meeting restoration objectives or increasing resilience. 
Activities to improve ecosystem health, resilience, and other watershed 
and habitat conditions may not exceed 2,800 acres.
    (i) Activities to meet restoration and resilience objectives may 
include, but are not limited to:
    (A) Stream restoration, aquatic organism passage rehabilitation, or 
erosion control;
    (B) Invasive species control and reestablishment of native species;
    (C) Prescribed burning;
    (D) Reforestation;
    (E) Road and/or trail decommissioning (system and non-system);
    (F) Pruning;
    (G) Vegetation thinning; and
    (H) Timber harvesting.
    (ii) The following requirements or limitations apply to this 
category:
    (A) Projects shall be developed or refined through a collaborative 
process that includes multiple interested persons representing diverse 
interests;
    (B) Vegetation thinning or timber harvesting activities shall be 
designed to achieve ecological restoration objectives, but shall not 
include salvage harvesting as defined in Agency policy; and
    (C) Construction and reconstruction of permanent roads is limited to 
0.5 miles. Construction of temporary roads is limited to 2.5 miles, and 
all temporary roads shall be decommissioned no later than 3 years after 
the date the project is completed. Projects may include repair and 
maintenance of NFS roads and trails to prevent or address resource 
impacts; repair and maintenance of NFS roads and trails is not subject 
to the above mileage limits.

[[Page 92]]

    (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.
    (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; 
85 FR 73631, Nov. 19, 2020]



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

[[Page 93]]

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);
    (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.

[[Page 94]]

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

[13 FR 7711, Dec. 14, 1948, as amended at 28 FR 723, Jan. 26, 1963; 34 
FR 743, Jan. 17, 1969]



PART 222_RANGE MANAGEMENT--Table of Contents



    Subpart A_Grazing and Livestock Use on the National Forest System

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

           Subpart B_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 (16 
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.
    Allotment means a designated area of land available for livestock 
grazing.
    Allotment management plan means a document that specifies the 
program of

[[Page 95]]

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 objectives as may be prescribed by the Chief, Forest Service, 
consistent with applicable law.
    Base property means 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.
    Cancel means action taken to permanently invalidate a term grazing 
permit in whole or in part.
    Grazing permit means 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.
    Land subject to commercial livestock grazing means National Forest 
System lands within established allotments.
    Lands within the 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).
    Livestock means animals of any kind kept or raised for use or 
pleasure.
    Livestock use permit means a permit issued for not to exceed one 
year where the primary use is for other than grazing livestock.
    Modify means to revise the terms and conditions of an issued permit.
    National Forest System lands means the National Forests, National 
Grasslands, Land Utilization Projects, and other Federal lands for which 
the Forest Service has administrative jurisdiction.
    Non-permittee means a person who owns or controls livestock and does 
not have a grazing permit to graze livestock on National Forest System 
lands.
    On-and-off grazing permits means permits with specific provisions on 
range, only part of which is National Forest System lands or other lands 
under Forest Service control.
    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.
    Other lands under Forest Service control means non-Federal public 
and private lands over which the Forest Service has been given control 
through lease, agreement, waiver, or otherwise.
    Permittee means any person who has been issued a grazing permit.
    Permitted livestock means livestock authorized by a written permit.
    Person means any individual, partnership, corporation, association, 
organization, or other private entity, but does not include Government 
Agencies.
    Private land grazing permits means 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.
    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.
    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

[[Page 96]]

grazing livestock on the National Forests in the 16 contiguous western 
States.
    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 means range improvements installed or constructed and 
become a part of the land such as: dams, ponds, pipelines, wells, 
fences, trails, seeding, etc.
    (B) Temporary means 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.
    Suspend means temporary withholding of a term grazing permit 
privilege, in whole or in part.
    Term period means the period for which term permits are issued, the 
maximum of which is 10 years.
    Transportation livestock means 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; 
87 FR 35103, June 9, 2022]



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

[[Page 97]]

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 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

[[Page 98]]

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 
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

[[Page 99]]

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 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

[[Page 100]]

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.



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

[[Page 101]]

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 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

[[Page 102]]

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.
    (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.

[[Page 103]]



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.



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) The excess and 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. This rate is charged for unauthorized forage or forage in excess 
of authorized use and is separate from any penalties that may be 
assessed for a violation of a prohibition issued under 36 CFR part 261 
or from an administrative permit

[[Page 104]]

action. This rate will apply to, but not be limited to, the following 
circumstances: excess number of livestock grazed; livestock grazed 
outside the permitted grazing season; livestock grazed in areas not 
authorized under a grazing permit and a bill for collection; or 
livestock grazed without a permit. Per paragraph (a) of this section, a 
grazing fee shall be charged for each head month of livestock grazing or 
use. This includes any excess or unauthorized grazing use. The 
authorized officer may then waive monetary fees for excess or 
unauthorized grazing use only when all three of the following conditions 
are met:
    (1) The excess or unauthorized use was a result of unforeseen or 
uncontrollable circumstances on behalf of the permittee or non-
permittee, and the livestock associated with such use were removed by 
the permittee or non-permittee within the timeframe required by the 
authorized officer;
    (2) The forage consumed by the excess or unauthorized use is not 
significant; and
    (3) National Forest System lands have not been damaged significantly 
by the excess or unauthorized use.
    (i) Refunds or credits may be allowed under justifiable conditions 
and circumstances as the Chief, Forest Service, may specify.
    (j) The fee year for the purpose of charging grazing fees will be 
March 1 through the following February.
    (k) The data year for the purpose of collecting beef cattle price 
data for computing indexes will be November 1 through the following 
October and apply to the following fee year.

[44 FR 24843, Apr. 27, 1979, as amended at 46 FR 42450, Aug. 21, 1981; 
53 FR 2984, Feb. 2, 1988; 87 FR 35104, June 9, 2022]



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);

[[Page 105]]

8. Farm Wage Rates (14.0);
9. Farm Services (18.0).

[44 FR 24843, Apr. 27, 1979, as amended at 53 FR 2984, Feb. 2, 1988]



Sec.  222.52  National Grasslands.

    Grazing fees for National Grasslands will be established under 
concepts and principles similar to those in Sec.  222.51(b).

[44 FR 24843, Apr. 27, 1979]



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

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

[[Page 106]]

price of ``other baled hay,'' computed by the National Agricultural 
Statistics Service of the U.S. Department of Agriculture, by designated 
State and subregion. This index shall be based on 3-year average hay 
prices and annually reflect the percentage change in the cost of 
alternative livestock feed.
    (3) Computation of Annual Grazing Fee--(i) Annual Fee Basis. The 
annual grazing fee shall equal the base grazing value, adjusted by the 
current period's hay price index, less the value of any agency required 
range improvements.
    (ii) Grazing Fee Credits for Range Improvements. Any requirements 
for permittee construction or development of range improvements shall be 
identified through an agreement and incorporated into the grazing 
permit, with credits for such improvements to be allowed toward the 
annual grazing fee. Fee credits shall be allowed only for range 
improvements which the Forest Service requires an individual permittee 
to construct or develop on a specific allotment to meet the management 
direction and prescriptions in the relevant forest land and resource 
management plan and allotment management plan. These improvements must 
involve costs which the permittee would not ordinarily incur under the 
grazing permit, must be of tangible public benefit, and must enhance 
management of vegetation for resource protection, soil productivity, 
riparian, watershed, and wetland values, wildlife and fishery habitat, 
or outdoor recreation values. Maintenance of range improvements 
specified in allotment management planning documents or the grazing 
permit, and other costs incurred by the permittee in the ordinary course 
of permitted livestock grazing, do not qualify for grazing fee credits.
    (4) Implementation. The grazing fee formula provided by this section 
shall be used to calculate fees for the 1990 grazing fee year. Where 
implementation would raise fees, the increase shall be phased in over a 
5-year period. Full fair market value will be reached in 5 years, 
beginning in 1990.

[55 FR 2650, Jan. 26, 1990]



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

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

[[Page 107]]

    (iv) The minimum qualifications that applicants must meet to be 
eligible for a permit.
    (3) Copies of the applicable grazing permit, allotment management 
planning documents and allotment maintenance requirements, and the 
latest annual permittee instructions shall be made available to all 
prospective bidders upon request.
    (d) Submission of bid. Each applicant shall submit an application 
for the grazing permit, along with a sealed bid for the grazing fee, and 
a bid deposit of 10 percent of the total amount of the bid.
    (e) Qualifications and Deposit Refunds. Upon opening applicants 
bids, the authorized officer shall determine whether each bidder meets 
the qualifications to hold a permit as set forth in Subpart A of this 
part; and shall refund the deposit to any applicant who is not qualified 
or who does not offer the high bid.
    (f) Permit Issuance. The authorized officer shall issue the grazing 
permit to the qualified high bidder, except as provided in paragraphs 
(f)(1) and (2) of this section. The successful bidder receives the 
privilege of obtaining or renewing a grazing permit and is billed for 
the occupancy offered and forage sold.
    (1) Priority for Reissuance. On allotments where a current permit is 
expiring and competition has been held on a new grazing permit, the 
current grazing permittee shall have priority for retaining the permit. 
Accordingly, an applicant who holds the permit on the allotment under 
bid, who has a satisfactory record of performance under that permit, and 
who is not the higher bidder for the future grazing privileges in the 
specified allotment shall be offered the opportunity to match the high 
bid and thereby retain the permit. Should there be more than one 
existing permittee in the allotment under bid, each shall be offered the 
option of meeting the high bid; if only one current permittee opts to 
meet the high bid, the remaining allowable grazing use, if any, shall be 
awarded to the initial high bidder.
    (2) Identical Bids. In cases of identical bids, the selection of the 
successful applicant shall be made through a drawing.
    (g) Computation of Successful Bidder's Annual Fee--(1) Annual Fee 
Basis. The highest bid received shall establish the 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]

[[Page 108]]



       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, unless otherwise noted. 
Redesignated at 78 FR 33723, June 5, 2013



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 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

[[Page 109]]

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 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

[[Page 110]]

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



Sec.  222.63  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

[[Page 111]]

connection with capture operations except as support vehicles.
    (d) Motor vehicles may be used in the administration of the Act 
except that such vehicles shall not be used for driving or chasing wild 
horses or burros in capture operations. Motor vehicles may also be used 
for the purpose of transporting captured animals subject to the 
following humane procedures.
    (1) Such transportation shall comply with appropriate State and 
Federal laws and regulations applicable to humane transportation of 
horses and burros.
    (2) Vehicles shall be inspected by an authorized officer prior to 
use to ensure vehicles are in good repair and of adequate rate capacity.
    (3) Vehicles shall be carefully operated to ensure that captured 
animals are transported without undue risk or injury.
    (4) Where necessary and practical, animals shall be sorted as to 
age, temperament, sex, size, and condition so as to limit, to the extent 
possible, injury due to fighting and trampling.
    (5) The authorizing officer shall consider the condition of the 
animals, weather conditions, type of vehicle, and distance to be 
traveled when planning for transportation of captured animals.
    (6) Unless otherwise approved by the authorized officer, the 
transportation of wild free-roaming horses and burros shall be limited 
in sequence, to a maximum of 24 hours in transit followed by a minimum 
of 5 hours of on-the-ground rest with adequate feed and water.



Sec.  222.65  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

[[Page 112]]

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

[[Page 113]]

    (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.



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.
223.15 Provision of trees, portions of trees, or forest products to 
          Indian tribes for traditional and cultural purposes.

[[Page 114]]

                     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.
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.

[[Page 115]]

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.
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.

          Subpart I_Stewardship End Result Contracting Projects

223.300 Applicability.
223.301 Determination of type of contract or agreement.
223.302 Award of contracts and agreements.
223.303 Procurement of service contacts.
223.304 Sale of property contracts.
223.305 Agreements.

    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, 25 U.S.C. 3055 and 3057, 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.

[[Page 116]]



                      Subpart A_General Provisions



Sec.  223.1  Authority to sell timber.

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



Sec.  223.2  Disposal of timber for administrative use.

    Trees, portions of trees, or other forest products in any amount on 
National Forest System lands may be disposed of for administrative use, 
by sale or without charge, as may be most advantageous to the United 
States, subject to the maximum cut fixed in accordance with established 
policies for management of the National Forests. Such administrative use 
shall be limited to the following conditions and purposes:
    (a) For construction, maintenance or repair of roads, bridges, 
trails, telephone lines, fences, recreation areas or other improvements 
of value for the protection or the administration of Federal lands.
    (b) For fuel in Federal camps, buildings and recreation areas.
    (c) For research and demonstration projects.
    (d) For use in disaster relief work conducted by public agencies.
    (e) For disposal when removal is desirable to protect or enhance 
multiple-use values in a particular area.



Sec.  223.3  Sale of seized material.

    Seized material (trees, portions of trees or other forest products 
cut in trespass from National Forest System lands) may be sold to the 
highest bidder under specific authorization from the Regional Forester. 
If advertisement is impractical, sales of material with an appraised 
value of less than $10,000 will be made on informal bids.



Sec.  223.4  Exchange of trees or portions of trees.

    Trees or portions of trees may be exchanged for land under laws 
authorizing the exchange of National Forest timber. Cutting of exchange 
timber must comply with the purposes cited in Sec.  223.1.

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



Sec.  223.5  Scope of free use granted to individuals.

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


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

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



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

    Supervisors may designate portions or all of a National Forest as 
free-use areas where such action is compatible with land management 
plans and shall give public notice of their action. Within such free-use 
areas, any dead timber or any green timber previously 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

[[Page 117]]

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 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

[[Page 118]]

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
    (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

[[Page 119]]

of title to the non-Federal land offered in exchange.



Sec.  223.15  Provision of trees, portions of trees, or forest products
to Indian tribes for traditional and cultural purposes.

    (a) Pursuant to section 8105 of the Food, Conservation, and Energy 
Act of 2008 (Pub. L. 110-246, 122 Stat. 1651) [hereinafter the ``2008 
Farm Bill''], Regional Foresters or designated Forest Officers may, at 
their discretion, provide trees, portions of trees, or forest products 
to Indian tribes free of charge for traditional and cultural purposes 
provided that:
    (1) The trees, portions of trees, or forest products are provided to 
tribal officials on behalf of an Indian tribe for traditional and 
cultural purposes; and
    (2) The trees, portions of trees, or forest products will not be 
used for commercial purposes.
    (b) The following definitions apply to this section:
    Indian tribe. The term ``Indian tribe'' means any Indian or Alaska 
Native tribe, band, nation, pueblo, village, or other community the name 
of which is included on a list published by the Secretary of the 
Interior pursuant to section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a-1).
    Traditional and cultural purpose. The term ``traditional and 
cultural purpose,'' with respect to a definable use, area, or practice, 
means that the use, area, or practice is identified by an Indian tribe 
as traditional or cultural because of the long-established significance 
or ceremonial nature of the use, area, or practice to the Indian tribe.
    Tribal officials: The term ``tribal officials'' means elected or 
duly appointed officials of Indian tribal governments.
    (c) Requests for trees, portions of trees, or forest products made 
under this section must be submitted to the local Forest Service 
District Ranger's Office(s) in writing. Requests may be made:
    (1) Directly by a tribal official(s) who has been authorized by the 
Indian tribe to make such requests; or
    (2) By providing a copy of a formal resolution approved by the 
tribal council or other governing body of the Indian tribe.
    (d) Requests for trees, portions of trees, and forest products made 
under this section must be directed to the appropriate Forest Service 
District Ranger(s)' Office from which the items are being requested. 
Tribal officials are encouraged to explain their requests to the 
Regional Forester or designated Forest Officer and, if necessary, 
describe how the request fits a traditional and cultural purpose. When 
an Indian tribe requests forest products located on two or more National 
Forests, authorized tribal officials should notify each of the affected 
Forest Service District Ranger's Offices of the requests made on other 
forests.
    (e) Agency Line Officers and managers (who have been authorized by 
name through official Forest Service correspondence) are authorized to 
provide trees, portions of trees, and forest products under this section 
subject to the following limitations:
    (1) District Rangers and Forest Officers may provide material not 
exceeding $25,000 in value in any one fiscal year to an Indian tribe;
    (2) Forest Supervisors may provide material not exceeding $50,000 in 
value in any one fiscal year to an Indian tribe;
    (3) Regional Foresters may provide material not exceeding $100,000 
in value in any one fiscal year to an Indian tribe; and
    (4) The Chief of the Forest Service may provide material exceeding 
$100,000 in value to an Indian tribe.
    (f) A request for trees, portions of trees, or forest products under 
this section may be conditioned or denied for reasons including, but not 
limited to the following:
    (1) Protecting public health and safety;
    (2) Preventing interference with Forest Service and/or commercial 
operations;
    (3) Complying with Federal and State laws and regulations;
    (4) Ensuring sustainability; or
    (5) Otherwise protecting National Forest System land and resources.
    (g) All decisions made under this section must comply with the 
National Forest Management Act, relevant land

[[Page 120]]

management plans, the National Environmental Policy Act, the Endangered 
Species Act, all other applicable laws and regulations, and are subject 
to tribal treaty and other reserved rights and the savings provisions of 
the Cultural and Heritage Cooperation Authority (25 U.S.C. 3057(b)).

[81 FR 65896, Sept. 26, 2016]



                     Subpart B_Timber Sale Contracts

                   Contract Conditions and Provisions



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

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



Sec.  223.31  Duration of contracts.

    Sale contracts shall not exceed 10 years in duration, unless there 
is a finding by the Chief, Forest Service, that better utilization of 
the various forest resources (consistent with the provisions of the 
Multiple-Use Sustained-Yield Act of 1960) will result.



Sec.  223.32  Timber sale operating plan.

    Sale contracts with a term of 2 years or more shall provide for the 
filing of an operating plan as soon as practicable after execution of 
the contract, such plan shall be a part of the contract. The plan of 
operation shall be general in nature, outlining the expected timing and 
order of sale development, including such major operations as road 
construction, felling and removal of timber, distribution of timber, and 
contractual requirements for erosion prevention and slash disposal. The 
plan of operation and revisions thereto shall be subject to concurrence 
by the Forest Service.



Sec.  223.33  Redetermination of stumpage rates and deposits.

    Sale contracts exceeding 7 years in duration, and those of shorter 
duration to the extent found desirable by the approving officer, will 
provide for the redetermination of rates for stumpage and for required 
deposits at intervals of not more than 5 years, exclusive of any period 
allowed for the construction of improvements.



Sec.  223.34  Advance payment.

    Sale contracts shall provide that timber and forest products be paid 
for in advance of cutting, unless the contract authorizes the purchaser 
to furnish a payment guarantee satisfactory to the Forest Service. 
Advance payments found to be in excess of amounts due the United States 
shall be refunded to the current holder of the contract or to successors 
in interest. (90 Stat. 2959; 16 U.S.C. 472a.)

[43 FR 38008, Aug. 25, 1978. Redesignated at 49 FR 2761, Jan. 23, 1984]



Sec.  223.35  Performance bond.

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



Sec.  223.36  Volume determination.

    (a) Timber sale contracts may provide for volume determination by 
scaling, measuring, weighing, or counting the logs or other products, or 
by measuring the trees before cutting. If the

[[Page 121]]

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 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

[[Page 122]]

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]



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.

[[Page 123]]

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



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

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

[56 FR 65842, Dec. 19, 1991]



Sec.  223.49  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

[[Page 124]]

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.
    (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:

[[Page 125]]

    (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.
    (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.

[[Page 126]]

    (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 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

[[Page 127]]

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 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

[[Page 128]]

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.
    (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

[[Page 129]]

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 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

[[Page 130]]

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. 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

[[Page 131]]

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;
    (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

[[Page 132]]

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:
    (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

[[Page 133]]

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
    (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,

[[Page 134]]

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 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

[[Page 135]]

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 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

[[Page 136]]

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 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

[[Page 137]]

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 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

[[Page 138]]

Service methods in effect 45 days prior to the rate redetermination.

[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2760, 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 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

[[Page 139]]

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, 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

[[Page 140]]

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 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

[[Page 141]]

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:
    (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;

[[Page 142]]

    (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 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]

[[Page 143]]



         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 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

[[Page 144]]

``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 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:

[[Page 145]]

    (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 
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.

[[Page 146]]

    (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]



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

[[Page 147]]

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 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.

[[Page 148]]

    (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 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.

[[Page 149]]

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.
    (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;

[[Page 150]]

    (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 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

[[Page 151]]

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.



          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.

[[Page 152]]

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

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

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

[[Page 153]]



Sec.  223.161  [Reserved]



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

    Unprocessed timber from National Forest System lands west of the 
100th Meridian in the contiguous 48 States may not:
    (a) Be exported from the United States;
    (b) Be used in substitution for unprocessed timber from private 
lands which is exported by the purchaser; or
    (c) Be sold, traded, exchanged, or otherwise given to any person who 
does not agree to manufacture it to meet the processing requirements of 
this section and/or require such a processing agreement in any 
subsequent resale or other transaction. This limitation on export or 
substitution does not apply to species of timber previously found to be 
surplus to domestic needs or to any additional species, grades, or 
quantities of timber which may be found by the Secretary to be surplus 
to domestic needs.

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

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



Sec.  223.163  [Reserved]



Sec.  223.164  Penalty for falsification.

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

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

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

Subpart E [Reserved]



 Subpart F_The Forest Resources Conservation and Shortage Relief Act of 
                              1990 Program

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



Sec.  223.185  Scope and applicability.

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



Sec.  223.186  Definitions.

    The following definitions apply to the provisions of this subpart:

[[Page 154]]

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

[[Page 155]]

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

[[Page 156]]

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 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

[[Page 157]]

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 other products. I make 
this certification with full knowledge and understanding of the export 
and substitution restrictions of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act) and its 
implementing regulations. I fully understand that exporting unprocessed 
timber originating from Federal lands or unprocessed timber from private 
lands which is required to be processed domestically is a violation of 
this Act, its implementing regulations, and the False Statements Act (18 
U.S.C. 1001), and may subject me to the penalties and remedies provided 
for such violations.''
    (4) Signatory procedures. Certificates shall be on company 
letterhead, and signed by the person manufacturing the shipment. In the 
case of a corporation, the certificates must be signed by a person 
authorized, in writing, by the Chief Executive Officer pursuant to 36 
CFR 223.187(b)(4), to sign the certificates in 36 CFR 223.187(b) on 
behalf of the corporation.
    (5) Chief Executive Officer Authorization. The authorization by the 
Chief Executive Officer shall be on company letterhead, shall be 
notarized, and shall read as follows:

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

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

[[Page 158]]

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

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



Sec.  223.188  Prohibitions against exporting unprocessed Federal timber.

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

[[Page 159]]

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



Sec.  223.189  Prohibitions against substitution.

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

[[Page 160]]

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

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

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

[[Page 161]]

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

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



Sec.  223.190  Sourcing area application procedures.

    (a) Subject to the restrictions described in Sec.  223.189 of this 
subpart and, except as provided in paragraph (b) of this section, a 
person who owns or operates a manufacturing facility and who exports 
unprocessed timber originating from private lands may apply for a 
sourcing area in accordance with the procedures of this section. 
However, an owner/operator of a manufacturing facility who exports 
unprocessed timber originating from Federal lands may not possess or 
acquire unprocessed timber originating from Federal lands unless the 
acquisition is within an approved sourcing area. A person who intends to 
acquire or become affiliated with a manufacturing facility that 
processes Federal timber and who is an exporter may apply for a sourcing 
area. Written proof of the intent to acquire or affiliate must be 
included in the sourcing area application, signed by the applicant and 
the person or, in the case of a corporation, the Chief Executive 
Officer, whose company the applicant intends to acquire or affiliate

[[Page 162]]

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

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

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

[[Page 163]]

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

    ``I am relinquishing the approved sourcing area, described in the 
Secretary's determination in FSAA ____ on ____, 19__. I understand that 
I may not export unprocessed timber originating from private lands west 
of the 100th meridian in the contiguous 48 States during the fiscal year 
in which I have unprocessed timber originating from Federal

[[Page 164]]

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

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



Sec.  223.191  Sourcing area disapproval and review procedures.

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

    ``I have engaged in the exporting of unprocessed private timber 
originating from private lands located within the geographic area the 
approving official would have approved as a sourcing area for my 
manufacturing facility. I desire to continue purchasing unprocessed 
Federal timber from within such area. I hereby certify that I will cease 
all exporting of unprocessed timber from private lands located within 
the area that would have been approved by [the applicant shall insert 
date 15 months from date of receipt of the disapproval decision]. I 
agree to retain records of all transactions involving acquisition and 
disposition of unprocessed timber from both private and Federal lands 
within the area involved in the certification, for a period of three (3) 
years beginning on the date of receipt of the disapproval notification, 
and to make such records available for inspection upon the request of 
the Regional Forester, or other official to whom such authority has been 
delegated. I make this certification with full knowledge and 
understanding of the requirements of the Forest Resources Conservation 
and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.) (Act)

[[Page 165]]

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


or,

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

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

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

[[Page 166]]

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



Sec.  223.192  Procedures for a non-manufacturer.

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

[[Page 167]]

whom such authority has been delegated.
    (2) A signed certification which reads as follows:

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

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



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

    (a) Annual report. Each person who directly or indirectly acquires 
or possesses unprocessed timber originating from National Forest System 
lands located west of the 100th meridian in the 48 contiguous States 
shall submit an annual report on a form provided by the Forest Service 
on the acquisition and disposition of such timber. Such report shall be 
on a calendar year basis and shall be sent to the Regional Forester, or 
other official to whom such authority is delegated, who administers the 
National Forest System lands from which the majority of timber 
originated, not later than March 1 of each year, beginning March 1, 
1997. The form shall include:
    (1) A summary for the calendar year listing, by company, from whom 
the timber was acquired; the date of acquisition; the origin of National 
Forest System timber acquired; the sale name; the contract number(s); 
brand registration number(s) of brands registered by a state or agency 
or a pictorial representation of sale brand(s) if brands not registered 
by a state or agency; to whom the timber was sold, transferred or 
otherwise conveyed to another person; and the date of disposal;
    (2) An accounting by origin, in net board feet Scribner or cubic 
feet, of the volume of National Forest System timber acquired, the 
volume domestically processed by the purchaser or affiliates, and the 
volume sold or transferred for domestic processing;
    (3) The volume by species of National Forest System surplus species 
timber acquired and exported or sold for export;
    (4) The volume (MBF Net Scribner or cubic) of the unprocessed timber 
originating from private lands west of the 100th meridian in the 
contiguous 48 States that was exported, and
    (5) A certificate stating that:
    (i) The certifier has read and understands the form;
    (ii) The certifier is eligible to acquire unprocessed timber 
originating from Federal lands in accordance with the Act;
    (iii) The information supplied is a true, accurate, current, and 
complete statement of the receipt and disposition of unprocessed timber 
originating from National Forest System lands to the best of the 
certifier's knowledge;
    (iv) The certifier agrees to retain a copy of the form and records 
of all transactions involving unprocessed Federal timber and to make 
such records available for inspection upon request of an authorized 
official of the United States for three (3) years from the date of 
disposal by manufacture or transfer; and
    (v) The certifier acknowledges that failure to report completely and 
accurately the receipt and disposition of timber will subject the 
certifier to the penalties and remedies in the Act and the penalties in 
the False Statements Act (18 U.S.C. 1001).

[[Page 168]]

    (6) The information provided is presumed to be not confidential, 
unless specifically marked confidential, in which case confidentiality 
will be evaluated under applicable laws.
    (b) Transfer of unprocessed National Forest System timber. Each 
person who transfers to another person unprocessed timber originating 
from National Forest System lands shall undertake the following:
    (1) Before completing such transfer, provide to such other person a 
written notice of origin, species, estimated volume or actual volume if 
the transfer is based on log scale volume, from whom acquired, sale 
name, contract number, and log brand of unprocessed National Forest 
System timber being transferred on a form provided by the Forest 
Service;
    (2) Before completing such transfer, certify that the information 
supplied is a true, accurate, current, and complete statement to the 
best of his or her knowledge. As part of the certification, the 
certifier shall:
    (i) Agree to send a signed copy of the form required in paragraph 
(b)(1) of this section within 10 calendar days of such transfer, which 
shall include all notices, acknowledgments, and agreements, required by 
this section, to the appropriate Regional Forester who administers the 
National Forest System lands from which this timber originates, or other 
official to whom such authority is delegated, and to retain a copy for 
the certifier's records;
    (ii) Acknowledge that the transfer of unprocessed Federal timber to 
a person for export or to a person who may not purchase timber directly 
from the Federal government is a violation of the Act;
    (iii) Agree to obtain full completed notice of origin form from the 
transferee;
    (iv) Agree to retain records of all transactions involving 
unprocessed Federal timber for a period of three (3) years from the date 
of transfer and to make all records involving log transactions available 
to an appropriate Federal official upon request. Records include all 
forms and certificates required by these regulations;
    (v) Acknowledge that failure to report completely and accurately the 
receipt and disposition and/or transfer of unprocessed National Forest 
System timber will subject the certifier to the penalties and remedies 
in the Act (16 U.S.C. 620, et seq.) and the penalties in the False 
Statements Act (18 U.S.C. 1001); and
    (vi) Certify that he or she has read and understands the form.
    (3) Before completing such transfer, obtain from the person 
acquiring such timber on the same form provided by the Forest Service.
    (i) An agreement to retain for a period of three (3) years from date 
of transfer the records of all sales, exchanges, or other disposition of 
such timber, and make such records available for inspection upon the 
request of an authorized official of the United States;
    (ii) An agreement to allow Federal officials access to log storage 
and processing facilities for the purpose of monitoring compliance with 
the Act and implementing regulations;
    (iii) An agreement to maintain and/or replace all brands and paint 
identifying the Federal origin of each piece of unprocessed Federal 
timber as described in Sec.  223.195;
    (iv) An agreement to submit, by March 1, the annual report required 
in Sec.  223.193(a);
    (v) An agreement to submit a completed notice of origin form for the 
Federal timber received and to receive an agreement to comply with the 
Act and regulations in such form if the person transfers any or all of 
the timber listed in the document;
    (vi) An acknowledgment of the prohibition against acquiring 
unprocessed Federal timber from a person who is prohibited by the Act 
from purchasing the timber directly from the United States;
    (vii) An acknowledgment of the prohibitions against exporting 
unprocessed Federal timber and against acquiring such timber in 
substitution for unprocessed private timber west of the 100th meridian 
in the contiguous 48 States;
    (viii) A declaration of its business size and manufacturing 
classification, as defined under the Small Business Administration 
Regulations at 13 CFR part 121; and

[[Page 169]]

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



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

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

[[Page 170]]

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



Sec.  223.195  Procedures for identifying and marking unprocessed timber.

    (a) Highway yellow paint. The use of highway yellow paint on 
unprocessed logs west of the 100th meridian in the contiguous 48 States 
shall be reserved for identifying logs requiring domestic manufacturing.
    (b) Preserving identification. All identifying marks placed on an 
unprocessed log to identify the National Forest System origin of that 
log and/or to identify the log as requiring domestic processing shall be 
retained on the log until the log is domestically processed. If the 
identifying marks are lost, removed, or become unreadable, they shall be 
replaced. If the log is cut into two or more segments, each segment 
shall be identified in the same manner as the original log.
    (1) A generic log hammer brand, known as a ``catch brand'', used to 
identify ownership, may be used to replace lost, removed, unreadable or 
otherwise missing brands where such use is authorized by the Regional 
Forester and approved by the Contracting Officer. Use of such a catch 
brand on a log or log segment will signify Federal origin.
    (2) The requirement to preserve identification of log pieces shall 
not apply to logs cut into two or more segments as a part of the mill 
in-feed process immediately before processing. Log segments that are 
returned to or placed in storage must be marked on both ends with yellow 
paint.
    (c) National Forest System logs. Except as otherwise provided in 
this subsection, all unprocessed logs originating from National Forest 
System timber sales west of the 100th meridian in the contiguous 48 
States shall, before being removed from the timber sale area, be marked 
on each end as follows:
    (1) Painted on each end with a spot of highway yellow paint not less 
than three square inches in size; and,
    (2) Branded on each end with a hammer brand approved for use by the 
Forest Supervisor of the National Forest from which the logs originate. 
The brand pattern may not be used to mark logs from any other source for 
a period of 24 months after all logs have been removed from the sale 
area and until such brand pattern is released in writing by the Forest 
Supervisor.
    (d) Private logs. All unprocessed logs originating from private 
lands west of the 100th meridian in the contiguous 48 States that 
require domestic manufacturing pursuant to Sec.  223.194 of this 
subpart, shall be painted on each end with

[[Page 171]]

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

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


and,

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

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


and,

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

[[Page 172]]



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 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

[[Page 173]]

ensure the development and continued existence of adequate wood 
processing capacity in Alaska for the sustained utilization of timber 
from the National Forests which are geographically isolated from other 
processing facilities. In determining whether consent will be given for 
the export of timber, consideration will be given to, among other 
things, whether such export will:
    (a) Permit more complete utilization on areas being logged primarily 
for local manufacture,
    (b) Prevent loss or serious deterioration of logs unsalable locally 
because of an unforeseen loss of market,
    (c) Permit the salvage of timber damaged by wind, insects, fire or 
other catastrophe,
    (d) Bring into use a minor species of little importance to local 
industrial development, or
    (e) Provide material required to meet urgent and unusual needs of 
the Nation. (16 U.S.C. 472a; 16 U.S.C. 551; 16 U.S.C. 616)



Sec.  223.202  Information requirements.

    (a) The procedures in Sec. Sec.  223.189 and 223.192, and some of 
the procedures in Sec.  223.190 were approved by the Office of 
Management and Budget (OMB) and assigned Control Number 0596-0114 upon 
issuance of the interim rule. Control Number 0596-0114 has been 
reapproved by OMB for use through May 31, 1997. OMB approved the 
information collection requirements in Sec. Sec.  223.191 and 223.203 
for use through August 31, 1995, and assigned them Control Number 0596-
0115. OMB approved the information collection requirements in Sec. Sec.  
223.48 and 223.87 for use through March 31, 1997 and assigned them 
Control Number 0596-0021; the information collection requirements in 
Sec. Sec.  223.48 and 223.87 have been revised. OMB Control Numbers 
0596-0114, 0596-0115, and 0596-0021 have been consolidated under OMB 
Control Number 0596-0114.
    (b) The application and reporting procedures in Sec. Sec.  223.187, 
223.193, 223.194, 223.195, and some of the procedures in Sec.  223.190 
of this final rule contain new record keeping and reporting requirements 
as defined in 5 CFR part 1320 and, therefore, impose additional 
paperwork burdens on the affected public. The Office of Management and 
Budget (OMB) has approved these requirements, and assigned them Control 
Number 0596-0114.



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

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

    ``I certify that, except for an approved share of unprocessed 
Federal timber, in accordance with 36 CFR 223.203, the prohibition 
contained in section 490(b) of the Act (16 U.S.C. 620b) applies to me. I 
have exported unprocessed timber originating from private lands from 
west of the 100th meridian in the 48 contiguous States and have acquired 
unprocessed timber from National Forest System lands located within 
Washington State in 1988, 1989 and/or 1990. I certify that the 
information provided in support of this application is a true, accurate, 
current and complete statement, to the best of my knowledge and belief. 
I agree to retain records of all transactions involving the acquisition 
and disposition of unprocessed timber from Federal lands within the area 
involved in this application for a period of 3 years beginning

[[Page 174]]

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


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

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

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

[[Page 175]]

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

    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 further 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;

[[Page 176]]

    (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 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

[[Page 177]]

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 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;

[[Page 178]]

    (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;
    (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:

[[Page 179]]

    (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 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;

[[Page 180]]

    (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.
    (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,

[[Page 181]]

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 
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

[[Page 182]]

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.
    (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

    Effective Date Note: At 73 FR 79386, Dec. 29, 2008, subpart H 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 further delayed indefinitely.

[[Page 183]]



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 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

[[Page 184]]

    (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.



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.



          Subpart I_Stewardship End Result Contracting Projects

    Source: 81 FR 3721, Jan. 22, 2016, unless otherwise noted.



Sec.  223.300  Applicability.

    (a) This part sets forth the regulations applicable to the 
implementation of section 604 of the Healthy Forest Restoration Act of 
2003, ``Stewardship End Result Contracting Projects'' 16 U.S.C. 6591c. 
This section provides for the use of contracts and agreements to achieve 
land management goals for the national forests and the public lands that 
meet local and rural community needs. In the fulfillment of these 
activities, the Forest Service may apply the value of timber or other 
forest products removed from the project site as an offset against the 
cost of services received under such contracts or agreements.
    (b)(1) Procurement of service contracts. If the Forest Service makes 
a determination as provided under section 223.301(b)(1) of this subpart 
that a stewardship contract is a contract for the procurement of 
services, the Forest Service will utilize the contracting procedures set 
forth in the Federal Acquisition Regulations, Title 48 of the Code of 
Federal Regulations including the regulations issued by the Department 
of Agriculture set forth in Chapter 4 of Title 48 as well as 
requirements included in Sec.  223.303.
    (2) Sale of property contracts. If the Forest Service makes a 
determination under Sec.  223.301(b)(2) of this subpart that a 
stewardship contract is to be a contract for the sale of property, the 
regulations set forth in subparts A and B of this part are generally 
applicable, except as provided in Sec.  223.304.
    (3) Agreements. Agreements entered into under this subpart are not 
subject to grant regulations found in 2 CFR part 200 as adopted and 
supplemented by the USDA in 2 CFR parts 400, 416, and 422.
    (4) Other provisions. Additional terms and conditions for contracts 
and agreements may be added to a contract or agreement entered into 
under this subpart, in accordance with applicable law and to the extent 
determined to be necessary by the Forest Service.
    (c) Parties to contracts and agreements. The Forest Service may 
enter into contracts and agreements under this part with private 
persons, private entities and public entities.

[[Page 185]]



Sec.  223.301  Determination of type of contract or agreement.

    (a) Use of a contract or agreement. When the Forest Service 
initiates a project under this subpart, a determination will be made 
whether to use a contract or an agreement to implement the project.
    (b) Type of contract. If the Forest Service determines that a 
contract will be utilized:
    (1) Procurement of service contracts. When the value of timber or 
other forest products removed through the contract will be less than the 
total value of the service work items received by the Forest Service, 
the activity shall be considered a procurement of a service and a 
contract, for a period not to exceed 10 years, will be utilized as 
provided in Sec.  223.303 or
    (2) Sale of property contracts. When the value of timber or other 
forest products removed through the contract is equal to or exceeds the 
total value of the service work items received by the Forest Service, 
the activity shall be considered a sale of property and a contract, for 
a period not to exceed 10 years, will be utilized as provided in Sec.  
223.304.
    (c) Best interest of the government determination. The Forest 
Service official who makes a determination under paragraph (b) of this 
section shall document in the contract file the basis for the 
determination that:
    (1) It is in the best interest of the government that a sale of 
property contract is more suitable for a contract that would otherwise 
be subject to paragraph (b)(1) of this section; or
    (2) It is in the best interest of the government that a procurement 
of service contract is more suitable for a contract that would otherwise 
be subject to paragraph (b)(2) of this section.



Sec.  223.302  Award of contracts and agreements.

    Section 604(d) of HFRA requires that a source for performance of a 
stewardship agreement or contract be selected on a best-value basis. A 
stewardship agreement or contract may also be entered into 
notwithstanding subsections (d) and (g) of section 14 of the National 
Forest Management Act of 1976 (16 U.S.C. 472a).



Sec.  223.303  Procurement of service contacts.

    All contracts determined under Sec.  223.301(b)(1) to be a contract 
for receipt of a service shall:
    (a) Be administered under the Federal Acquisition Regulations, Title 
48 of the Code of Federal Regulations including the regulations issued 
by the Department of Agriculture set forth in Chapter 4 of Title 48; and
    (b) Provide for a fire liability provision. All contracts under this 
section shall contain a fire liability provision that is in 
substantially the same form as the fire liability provision contained in 
integrated resource timber contracts, as described in Forest Service 
contract numbered 2400-13, part H, section 4.
    (c) Utilize the following provisions of subparts A and B of this 
part:
    (1) Section 223.1 Authority to sell timber.
    (2) Section 223.3 Sale of seized material.
    (3) Section 223.14 Where timber may be cut.
    (4) Section 223.30 Consistency with plans, environmental standards, 
and other management requirements.
    (5) Section 223.34 Advance payment.
    (6) Section 223.36 Volume determination.
    (7) Section 223.37 Revegetation of temporary roads.
    (8) Section 223.38 Standards for road design and construction.
    (9) Section 223.40 Cancellation for environmental protection or 
inconsistency with plans.
    (10) Section 223.48 Restrictions on export and substitution of 
unprocessed timber.
    (11) Section 223.60 Determining fair market value.
    (12) Section 223.61 Establishing minimum stumpage rates.
    (13) Section 223.87 Requirements of bidders concerning exports.
    (14) Section 223.113 Modification of contracts to prevent 
environmental damage or to conform to forest plans.
    (d) Products may be valued on a per acre basis.
    (e) Such other provisions as are necessary to carry out the 
provisions of section 604 of the Healthy Forest Restoration Act of 2003 
(16 U.S.C. 6591c).

[[Page 186]]



Sec.  223.304  Sale of property contracts.

    All contracts determined under Sec.  223.301(b) to be a contract for 
a sale of property shall:
    (a) Utilize the provisions of subparts A and B of this part, except 
that the following provisions will not be applicable:
    (1) Section 223.4 Exchange of trees or portions of trees.
    (2) Section 223.31 Duration of contracts.
    (3) Section 223.42 Transfer of effective purchaser credits.
    (4) Section 223.43 Limit on amounts of transferred purchaser 
credits.
    (5) Section 223.44 Collection rights on contracts involved in 
transfer of purchaser credit.
    (6) Section 223.44 Collection rights on contracts involved in 
transfer of purchaser credit.
    (7) Section 223.45 Definitions applicable to transfer of purchaser 
credit.
    (8) Section 223.49 Downpayments. Paragraph (d).
    (9) Section 223.62 Timber purchaser road construction credit.
    (10) Section 223.65 Appraisal of timber for land exchange; right-of-
way, or other authorized use.
    (11) Section 223.80 When advertisement is required.
    (12) Section 223.82 Contents of advertisement.
    (13) Section 223.83 Contents of prospectus.
    (14) Section 223.84 Small business bid form provisions on sales with 
specified road construction.
    (15) Section 223.88 Bidding methods.
    (16) Section 223.100 Award to highest bidder.
    (17) Section 223.102 Procedure when sale is not awarded to highest 
bidder.
    (18) Section 223.103 Award of small business set aside sales.
    (19) Section 223.118 Appeal process for small business timber sale 
set-aside program share recomputation decisions.
    (b) Include the following additional provisions:
    (1) If determined by the Forest Service to be necessary to protect 
the interests of the United States, a performance and payment bond, as 
described on February 7, 2014, in section 28-103-2 and 28-103-3 of Part 
48 of the Code of Federal Regulations, in an amount sufficient to 
protect the investment in receipts by the United States generated by the 
contractor from the estimated value of the forest products to be removed 
under the contract;
    (2) Provide for a fire liability provision.
    (3) Redetermination of stumpage rates and deposits: The cost of 
service work included in stewardship contracts will be evaluated along 
with stumpage values at the time of a rate determination in accordance 
with normal rate determination procedures.
    (4) Products may be valued on a per acre basis.
    (5) Such other provisions as are necessary to carry out the 
provisions of section 604 of the Healthy Forest Restoration Act of 2003 
(16 U.S.C. 6591c).



Sec.  223.305  Agreements.

    The Forest Service may enter into an agreement under this subpart in 
lieu of a contract.
    (a) The regulations governing Federal financial assistance 
relationships are not applicable to such agreements.
    (b) All agreements under this section shall contain a fire liability 
provision that is in substantially the same form as the fire liability 
provision contained in integrated resource timber contracts, as 
described in Forest Service contract numbered 2400-13, part H, section 
4.



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.

[[Page 187]]

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.
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-

[[Page 188]]

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 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

[[Page 189]]

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.
    (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

[[Page 190]]

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

[39 FR 31317, Aug. 28, 1974. Redesignated at 46 FR 36142, July 14, 1981, 
and amended at 54 FR 6893, Feb. 15, 1989; 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

[[Page 191]]

    (5) Notify the operator that the plan cannot be approved until a 
final environmental statement has been prepared and filed with the 
Council on Environmental Quality as provided in Sec.  228.4(f).
    (b) Pending final approval of the plan of operations, the authorized 
officer will approve such operations as may be necessary for timely 
compliance with the requirements of Federal and State laws, so long as 
such operations are conducted so as to minimize environmental impacts as 
prescribed by the authorized officer in accordance with the standards 
contained in Sec.  228.8.
    (c) A supplemental plan or plans of operations provided for in Sec.  
228.4(d) and a modification of an approved operating plan as provided 
for in Sec.  228.4(e) shall be subject to approval by the authorized 
officer in the same manner as the initial plan of operations: Provided, 
however, That a modification of an approved plan of operations under 
Sec.  228.4(e) shall be subject to approval by the immediate superior of 
the authorized officer in cases where it has been determined that a 
modification is required.
    (d) In the provisions for review of operating plans, the Forest 
Service will arrange for consultation with appropriate agencies of the 
Department of the Interior with respect to significant technical 
questions concerning the character of unique geologic conditions and 
special exploration and development systems, techniques, and equipment, 
and with respect to mineral values, mineral resources, and mineral 
reserves. Further, the operator may request the Forest Service to 
arrange for similar consultations with appropriate agencies of the U.S. 
Department of the Interior for a review of operating plans.



Sec.  228.6  Availability of information to the public.

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



Sec.  228.7  Inspection, noncompliance.

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



Sec.  228.8  Requirements for environmental protection.

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

[[Page 192]]

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



Sec.  228.9  Maintenance during operations, public safety.

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



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

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

[[Page 193]]



Sec.  228.11  Prevention and control of fire.

    Operator shall comply with all applicable Federal and State fire 
laws and regulations and shall take all reasonable measures to prevent 
and suppress fires on the area of operations and shall require his 
employees, contractors and subcontractors to do likewise.



Sec.  228.12  Access.

    An operator is entitled to access in connection with operations, but 
no road, trail, bridge, landing area for aircraft, or the like, shall be 
constructed or improved, nor shall any other means of access, including 
but not limited to off-road vehicles, be used until the operator has 
received approval of an operating plan in writing from the authorized 
officer when required by Sec.  228.4(a). Proposals for construction, 
improvement or use of such access as part of a plan of operations shall 
include a description of the type and standard of the proposed means of 
access, a map showing the proposed route of access, and a description of 
the means of transportation to be used. Approval of the means of such 
access as part of a plan of operations shall specify the location of the 
access route, design standards, means of transportation, and other 
conditions reasonably necessary to protect the environment and forest 
surface resources, including measures to protect scenic values and to 
insure against erosion and water or air pollution.



Sec.  228.13  Bonds.

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

[39 FR 31317, Aug. 28, 1974; 39 FR 32029, Sept. 4, 1974]



Sec.  228.14  Appeals.

    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

[[Page 194]]

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



                       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.

[[Page 195]]

1010); the Act of September 1, 1949 (section 3) (30 U.S.C. 192c); the 
Act of June 30, 1950 (16 U.S.C. 508b); the Act of June 28, 1952 (section 
3) (66 Stat. 285); the Act of September 2, 1958 (16 U.S.C. 521a); the 
Act of June 11, 1960 (74 Stat. 205); the Federal Highway Act of August 
27, 1958 (23 U.S.C. 101 et seq.); and the Alaska National Interest Lands 
Conservation Act of December 2, 1980 (section 502) (16 U.S.C. 539a).



Sec.  228.41  Scope.

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

[[Page 196]]

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

[[Page 197]]

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 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

[[Page 198]]

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 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

[[Page 199]]

disposals from community sites and common-use areas.



Sec.  228.48  Appraisal and measurement.

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



Sec.  228.49  Reappraisal.

    If an extension of time is granted as provided in Sec.  228.53(b), 
the authorized officer must reappraise or reestimate the mineral 
materials covered by the contract or permit and which remain unexcavated 
at the time of extension. The recalculated unit value becomes the new 
unit value for the remaining unexcavated material; excavated and 
stockpiled material is not subject to reappraisal.



Sec.  228.50  Production records.

    At least annually, the purchaser or permittee must furnish a record 
of the volume extracted, in cubic yards or weight equivalent, to the 
authorized officer. The units of measurement must correspond to the 
units used in the appraisal or estimate.



Sec.  228.51  Bonding.

    (a) Bond requirements. Before operations may begin under any 
contract or permit, a bond must be furnished to the authorized officer 
to ensure performance of payment (as necessary), reclamation, and other 
conditions of the contract or permit, except as noted in paragraphs (a) 
(1) and (3) of this section, where the authorized officer may waive such 
bonding. If an extension of time is granted as provided in Sec.  
228.53(b), the bond requirements must be recalculated and changed 
accordingly.
    (1) For advance payment contracts for 10,000 cubic yards or more in 
volume (or weight equivalent), a bond of not less than 10 percent of the 
total contract price or the value of the estimated annual production 
(whichever is less), plus the reclamation cost for the area covered by 
annual mining, is required. When the total volume is less than 10,000 
cubic yards, bond requirements, if any, are at the discretion of the 
authorized officer.
    (2) For any 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

[[Page 200]]

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 responsibility 
under the contract or permit.



Sec.  228.53  Term.

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



Sec.  228.54  Single entry sales or permits.

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



Sec.  228.55  Cancellation or suspension.

    The authorized officer may cancel or suspend a contract, permit, or 
prospecting permit if the purchaser or 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:

[[Page 201]]

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



Sec.  228.58  Competitive sales.

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

[[Page 202]]

such evidence has already been furnished and is still valid, make 
appropriate reference to the record containing it.
    (3) When it is in the interest of the United States to do so, the 
authorized officer may reject any or all bids.
    (d) Bid deposits and award of contract. Sealed bids must be 
accompanied by a deposit. For mineral materials offered at oral auction, 
bidders must make the deposit before opening of the bidding.
    (1) Bid deposits must be equal to 10 percent of the appraised value 
but not less than $100.00.
    (2) Bid deposits must be in the form of cash, money order, bank 
drafts, cashier's or certified checks made payable to the Forest 
Service, or bonds acceptable to the Forest Service (Sec.  228.51(b)).
    (3) Upon conclusion of the bidding, the authorized officer will 
return the deposits of all unsuccessful bidders. The successful bidder's 
deposit will be applied toward the purchase price. If the contract is 
not awarded to the high bidder due to an inability to perform the 
obligations of the contract, the deposit, less expenses and damages 
incurred by the United States, may be returned. The return of a deposit 
does not prejudice any other rights or remedies of the United States. 
The contract may be offered and awarded to the next successive qualified 
high bidder, or, at the discretion of the authorized officer, the sale 
may be either readvertised or negotiated if it is determined that a 
competitive sale is impracticable.
    (4) Within 30 days after receipt of the contract, the successful 
bidder must sign and return the contract, together with any required 
bond, unless the authorized officer has granted an extension for an 
additional 30 days. The bidder must apply for the extension in writing 
within the first 30-day period. If the successful bidder fails to return 
the contract within the first 30-day period or within an approved 
extension, the bid deposit, less the costs of readvertising and damages, 
may be returned without prejudice to any other rights or remedies of the 
United States.
    (5) All sales must be processed on Forest Service-approved contract 
forms. The authorized officer may add provisions to the contract to 
cover conditions peculiar to the sale area. Such additional provisions 
must be made available for inspection by prospective bidders during the 
advertising period.



Sec.  228.59  Negotiated or noncompetitive sales.

    (a) Volume limitations. When it is determined by the authorized 
officer to be in the public interest and when it is impracticable to 
obtain competition, mineral materials not exceeding 100,000 cubic yards 
in volume (or weight equivalent) may be sold in any one sale at not less 
than the appraised value, without advertising or calling for bids, 
except as provided in paragraphs (b) and (c) of this section. The 
authorized officer may not approve noncompetitive sales that exceed the 
total of 200,000 cubic yards (or weight equivalent) made in any one 
State for the benefit of any applicant in any period of 12 consecutive 
months.
    (b) Government programs. In connection with a public works 
improvement project on behalf of a Federal, State, or local governmental 
agency, the authorized officer may sell to an applicant, at not less 
than the appraised value, without advertising or calling for bids, a 
volume of mineral materials not to exceed 200,000 cubic yards (or weight 
equivalent) when the public exigency will not permit delays incident to 
advertising (30 U.S.C. 602).
    (c) Appropriation for highway purposes. For interstate and/or 
Federal aid highways, the Secretary of Transportation 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

[[Page 203]]

mineral under lease, as long as the materials remain stockpiled within 
the boundaries of the leased area.
    (e) Exceptions. (1) The Chief of the Forest Service may authorize 
the noncompetitive sale of mineral materials in excess of the volume 
limitations in paragraphs (a), (b), and (d) of this section when 
necessary to:
    (i) Respond to an emergency affecting public health, safety or 
property;
    (ii) Prevent the curtailment of operations conducted under the 
United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et 
seq.) which generate large volumes of mineral materials as a by-product; 
or
    (iii) Respond to a critical public need for the prompt development 
of a mineral lease issued by the United States or a mining claim located 
under the United States mining laws of May 10, 1872, as amended (30 
U.S.C. 22 et seq.).
    (2) Any noncompetitive sale of mineral materials in excess of the 
volume limitations in paragraphs (a), (b), and (d) shall be subject to 
such restrictions as the Chief of the Forest Service determines to be in 
the public interest.
    (3) Nothing in this paragraph shall otherwise alter the requirements 
of paragraphs (a) through (d) of this section.

[49 FR 29784, July 24, 1984, as amended at 52 FR 10565, Apr. 2, 1987; 53 
FR 43691, Oct. 28, 1988]



Sec.  228.60  Prospecting permits.

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

[[Page 204]]

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.



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

[[Page 205]]

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.



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

[[Page 206]]

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]



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

[[Page 207]]

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

[51 FR 20827, June 9, 1986]



                     Subpart E_Oil and Gas Resources

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



Sec.  228.100  Scope and applicability.

    (a) Scope. This subpart sets forth the rules and procedures by which 
the Forest Service of the United States Department of Agriculture will 
carry out its statutory responsibilities in the issuance of Federal oil 
and gas leases and management of subsequent oil and gas operations on 
National Forest System lands, for approval and modification of attendant 
surface use plans of operations, for monitoring of surface disturbing 
operations on such leases, and for enforcement of surface use 
requirements and reclamation standards.
    (b) Applicability. The rules of this subpart apply to leases on 
National Forest System lands and to operations that are conducted on 
Federal oil and gas 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:

[[Page 208]]

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

[[Page 209]]

                                 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 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:

[[Page 210]]

    (1) Verifying that oil and gas leasing of the specific lands has 
been adequately addressed in a NEPA document, and is consistent with the 
Forest land and resource management plan. If NEPA has not been 
adequately addressed, or if there is significant new information or 
circumstances as defined by 40 CFR 1502.9 requiring further 
environmental analysis, additional environment analysis shall be done 
before a leasing decision for specific lands will be made. If there is 
inconsistency with the Forest land and resource management plan, no 
authorization for leasing shall be given unless the plan is amended or 
revised.
    (2) Ensuring that conditions of surface occupancy identified in 
Sec.  228.102(c)(1) are properly included as stipulations in resulting 
leases.
    (3) Determining that operations and development could be allowed 
somewhere on each proposed lease, except where stipulations will 
prohibit all surface occupancy.

[55 FR 10444, Mar. 21, 1990, as amended at 56 FR 56157, Nov. 1, 1991]



Sec.  228.103  Notice of appeals of decisions.

    The authorized Forest officer shall promptly notify the Bureau of 
Land Management if appeals of either an area or Forest-wide leasing 
decision or a leasing decision for specific lands are filed during the 
periods provided for under 36 CFR part 217.



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

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

[[Page 211]]

              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]



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

[[Page 212]]

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 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

[[Page 213]]

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 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

[[Page 214]]

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 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.

[[Page 215]]

    (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.



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

[[Page 216]]

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 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.

[[Page 217]]

    (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 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.

[[Page 218]]

    (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 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.

[[Page 219]]

    (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 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;

[[Page 220]]

    (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
    (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.

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

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

[[Page 221]]



     Subpart A_Community Forest and Open Space Conservation Program

    Source: 86 FR 17307, Apr. 2, 2021, unless otherwise noted.



Sec.  230.1  Purpose and scope.

    (a)(1) The regulations of this subpart govern the rules and 
procedures for the Community Forest and Open Space Conservation Program 
(Community Forest Program), established under Section 7A of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d). Under the 
Community Forest Program, 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. This subpart is designed to allow Community Forest 
and Open Space Program (Community Forest Program) grant recipients to 
grant conservation easements to funding entities, and, in some 
circumstances, to convey land to another eligible entity when consistent 
with the program's purposes.
    (2) This subpart applies to grants awarded prior to and after May 3, 
2021.
    (b) The Community Forest Program 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;
    (2) Environmental benefits, including clean air and water, 
stormwater management, wildlife habitat, and cultural resources;
    (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 developed with 
community involvement that guides the management and use of a community 
forest and includes the following components:
    (1) A description of all purchased tracts and cost share tracts, 
including acreage and county location, land use, forest type, and 
vegetation cover;
    (2) Objectives for the community forest and strategies to implement 
those objectives;
    (3) A description of the long-term use and management of the 
property;
    (4) Community benefits to be achieved from the establishment of the 
community forest;
    (5) A description of ongoing activities that promote community 
involvement in the development and implementation of the Community 
Forest Plan;
    (6) Plans for the utilization or demolition of existing structures 
and proposed needs for further improvements;
    (7) A description of public access and the rationale for any 
limitations on public access, such as protection of cultural (including 
tangible and intangible resources) or natural resources or public health 
and safety concerns; and

[[Page 222]]

    (8) Maps of sufficient scale to show the location of the property in 
relation to roads, communities, and other improvements as well as nearby 
parks, refuges, or other protected lands and any additional maps 
required to display planned management activities.
    Eligible entity. An organization that is qualified to acquire and 
manage land, limited to the following:
    (1) 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.
    (2) Indian Tribe. Defined by Section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b); includes 
federally recognized Indian Tribes and Alaska Native Corporations.
    (3) Qualified nonprofit organization. As defined by the Community 
Forest Program authorizing statute (16 U.S.C. 2103d(a)(4)), any 
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)). 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 for fish, 
wildlife, or plants, or similar ecosystem;
    (iii) The preservation of open space (including farmland and forest 
land) for the scenic enjoyment of the general public or pursuant to a 
clearly delineated Federal, State, or local governmental conservation 
policy, where such preservation will yield a significant public benefit; 
or
    (iv) The preservation of a historically important land area or a 
certified historic structure.
    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, including 
Indian reservations and allotment land; and
    (3) Can provide defined community benefits under the Community 
Forest Program and allow public access if acquired by an eligible 
entity.
    Equivalent officials of Indian Tribes. Individual(s) designated and 
authorized by the governing body of the Indian Tribe to manage the 
forest proposed for acquisition.
    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 
incompatible nonforest uses.
    Grant recipient. An eligible entity that receives a grant from the 
Forest Service through the Community Forest Program.
    Landscape conservation initiative. A 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 
Tribes' area of interest/homelands plans, a Statewide Forest Action 
Plan, etc. The conservation goals identified in the plan must correspond 
with the community and environmental benefits outlined for the Community 
Forest Program project.
    Nonforest uses. Uses other than forest management that may be 
compatible or incompatible with maintaining community forest purposes.
    (1) Nonforest uses that may be compatible with a community forest 
may include:
    (i) Cultivated farmland, pasture, grassland, shrubland, open water, 
and wetlands; and
    (ii) Low-impact structures or facilities that supports the purposes 
of the community forest and the Community Forest Program, such as 
recreational facilities, trails, concession and educational kiosks, 
energy development for onsite use, facilities associated

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with appropriate forest management, and parking areas.
    (2) Incompatible nonforest uses are activities that threaten forest 
cover and are inconsistent with the Community Forest Plan. These uses 
may include, but are not limited to:
    (i) Subdivision;
    (ii) Residential development, except for a caretaker building;
    (iii) 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;
    (iv) Industrial use, including the manufacturing of products;
    (v) 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
    (vi) Structures, facilities, or organized, continuous, or recurring 
activities that disturb or compact the surface and/or impact forest and 
water resources in a manner that threatens the benefits and objectives 
of the community forest.
    Public access. Access that is provided on a non-discriminatory basis 
at reasonable times and places, but may be limited to protect cultural 
(including tangible and intangible resources) 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 Community Forest Program. The 
RFA will be posted to http://www.grants.gov as well as other venues. The 
RFA will include the following information:
    (1) The process and timeline 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) Additional information as the Forest Service determines 
appropriate.
    (b) Pursuant to the RFA, interested eligible entities will submit an 
application for program participation to:
    (1) The State Forester or equivalent official, for local governments 
and qualified nonprofit organizations; or
    (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, provide a review of each application to help the Forest 
Service determine:
    (1) That the applicant is an eligible entity;
    (2) That the land is eligible;
    (3) That the proposed project has not been submitted for funding 
consideration under the Forest Legacy Program; and
    (4) Whether the project contributes to a landscape conservation 
initiative.
    (e) If an applicant seeks technical assistance from the State 
Forester, nontribal applicants should contact the State Forester to 
discuss what technical assistance is needed and confirm that the State 
Forester is willing to provide that assistance. Tribal applicants should 
work with their equivalent officials (Sec.  230.2) to discuss and 
arrange similar technical assistance needs. Applicants must include a 
separate budget that outlines the financial needs associated with 
technical assistance activities (Sec.  230.10).
    (f) A proposed application cannot be submitted for funding 
consideration simultaneously for both the Community Forest Program and 
the Forest Service's Forest Legacy Program (16 U.S.C. 2103c).



Sec.  230.4  Application requirements.

    (a) Documentation verifying that the applicant is an eligible entity 
and that the proposed acquisition is of eligible lands.

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    (b) Applications must include details of 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 and 
plans for utilization or demolition of existing structures;
    (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) Objectives of the community forest;
    (2) A description of the benefiting community, including 
demographics, and the associated benefits provided by the proposed land 
acquisition;
    (3) 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;
    (4) Description of the planned public access and the rationale for 
any proposed limitations such as protection of cultural (including 
tangible and intangible resources) or natural resources, or public 
health and safety concerns;
    (5) 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;
    (6) If the project is within the designated boundary of a Federal 
management unit, a letter of support for the project from the Federal 
land manager; and
    (7) A description of the resources that will be used to maintain and 
manage the property as a community forest in perpetuity.
    (d) Information regarding the proposed land acquisition, including:
    (1) A proposed project budget including a table and/or narrative 
detailing the source/type of non-Federal cost share and all allowable 
expenses associated with the project (Sec.  230.6);
    (2) Requests for State Forester, or equivalent official of Indian 
Tribes, technical assistance in Community Forest Plan preparation should 
be listed separately in the budget, along with their estimated costs of 
providing assistance (Sec.  230.10);
    (3) The status of due diligence, as documented by a signed option or 
purchase and sale agreement, title search, minerals determination, and 
appraisal;
    (4) Description and status of cost share (secure, pending, 
commitment letter, etc.) (Sec.  230.6);
    (5) The status of negotiations with participating landowner(s) 
including purchase options, contracts, and other terms and conditions of 
sale;
    (6) The proposed timeline for completing the acquisition and 
establishing the community forest; and
    (7) Long term management costs and funding source(s).
    (e) Applications must comply with the Uniform Federal Assistance 
Regulations (7 CFR part 3015).



Sec.  230.5  Ranking criteria and proposal selection.

    The Forest Service will evaluate all applications received by the 
State Foresters or equivalent officials of the Indian Tribes and award 
grants based on the following criteria:
    (a) Type and extent of community benefits provided (Sec.  230.2);
    (b) Extent and nature of community engagement in the establishment 
and long-term management of the community forest;
    (c) Extent to which the community forest contributes to a landscape 
conservation initiative;
    (d) Likelihood that, unprotected, the property would be converted to 
nonforest uses;
    (e) Amount of cost share leveraged;
    (f) Extent of due diligence completed on the project, including cost 
share committed and status of appraisal;
    (g) Costs to the Federal Government; and

[[Page 225]]

    (h) Additional considerations as may be outlined in the RFA.



Sec.  230.6  Project costs and cost share requirements.

    (a) The Community Forest Program 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:
    (1) Appraisals and appraisal reviews;
    (2) Land surveys;
    (3) Legal and closing costs;
    (4) Development of the Community Forest Plan; and
    (5) Title examination.
    (c) The principles and procedures for determining allowable costs 
for grants are outlined in 2 CFR part 400, Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements.
    (d) 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 paragraph (b) of this section 
completed as part of the application.
    (e) Cost share contributions can include cash, in-kind services, or 
donations and must:
    (1) Be supported by grant regulations described in paragraphs (a) 
through (d) of this section;
    (2) Not include other Federal funds unless specifically authorized 
by Federal statute;
    (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, as defined in Sec.  230.2; and
    (6) Be accomplished within the grant period.
    (f) Cost share contributions may include the purchase or donation of 
other 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 Community Forest Program and community 
forest objectives; such donations need to meet the acquisition 
requirements specified under Sec.  230.8(a)(1)(ii).
    (g) For purposes of calculating the cost share contribution, the 
grant recipient may request inclusion of project due diligence costs, 
such as title review and appraisals, incurred prior to issuance of the 
grant. These pre-award costs may have been incurred up to one year prior 
to the issuance of the grant, but cannot include the purchase of 
Community Forest Program land, including cost share tracts.



Sec.  230.7  Grant requirements.

    (a) Once an application is selected, funding will be obligated to 
the grant recipient through a grant.
    (1) The following grant forms and supporting materials must be 
completed after project selection in order to receive the grant:
    (i) An Application for Federal Assistance (Standard Form 424);
    (ii) Budget information (Standard Form 424c--Construction Programs);
    (iii) Assurances of compliance with all applicable Federal laws, 
regulations, and policies (Standard Form 424d--Construction Programs); 
and
    (iv) Additional forms, as may be required to award the grant.
    (2) The grant paperwork must adhere to the requirements outlined in 
2 CFR part 400, Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards.
    (b) 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.
    (c) Forest Service must approve any amendment to a proposal or 
request to reallocate funding within a grant proposal.

[[Page 226]]

    (d) The grant recipient must comply with the requirements in Sec.  
230.8(a) before funds will be released.
    (e) After the grant has closed, grant recipients must 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 Community Forest Program project 
tracts and cost share tracts, if applicable.
    (f) Any funds not expended within the grant period must be de-
obligated and revert to the Forest Service for redistribution.
    (g) 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 Community Forest 
Program.



Sec.  230.8  Acquisition requirements.

    (a) Prior to closing on an acquisition, grant recipients 
participating in the Community Forest Program must complete the 
following, which applies to all tracts, including cost share tracts:
    (1) Complete an appraisal:
    (i) For lands purchased with Community Forest Program 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) 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, 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 Community Forest Program funds 
must not be subject to encumbrances or agreements of any kind that would 
be contrary to the purpose of the Community Forest Program.
    (ii) Title insurance must not be a substitute for acceptable title.
    (5) The grant recipient must provide all necessary due diligence 
documentation to regional Forest Service program managers and allow at 
least 60 days for review and acceptance.
    (b) At closing, record a Notice of Grant Requirement with the deed 
in the lands record of the local county or municipality. This document 
must:
    (1) State that the property (including cost share tracts) was 
purchased with Community Forest Program funds;
    (2) Provide a legal description;
    (3) Identify the name and address of the grant recipient who is the 
authorized title holder;
    (4) State the purpose of the Community Forest Program;
    (5) Reference the Grant Agreement with the Forest Service (title and 
agreement number) and the address where it is kept on file;
    (6) State 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 Community Forest Program;
    (7) State that the community forest may not be sold and will not be 
conveyed or transferred to another eligible entity or encumbered in 
whole or in part, to another party without permission and instructions 
from the Forest Service; and
    (8) State that the grant recipient will manage the interest in real 
property consistent with the purpose of the Community Forest Program.

[[Page 227]]



Sec.  230.9  Ownership and use requirements.

    (a) Grant recipients shall submit a final Community Forest Plan for 
Forest Service review within 120 days of the land acquisition and update 
the plan periodically to guide the management and use of the community 
forest.
    (b) Grantees are encouraged to work with their State Forester or 
equivalent official of their Indian Tribe for technical assistance when 
developing or updating the Community Forest Plan. In addition, eligible 
entities are encouraged to work with technical specialists such as 
professional foresters, recreation specialists, wildlife biologists, and 
outdoor education specialists when developing Community Forest Plans.
    (c) Grant recipients shall provide public access in accordance with 
the Community Forest Plan.
    (d) Recipients must manage the property in a manner consistent with 
the purposes of the Community Forest Program. In the event that a grant 
recipient sells or converts a parcel of land acquired under the 
Community Forest Program to nonforest uses or any use inconsistent with 
the purposes of the Community Forest Program, 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. For 
the purposes of the calculation in this paragraph (d)(1), the parcel's 
appraised value will be the parcel's full fair market value. The impact 
of subsequent encumbrances, such as the imposition of conservation 
easements consistent with the purposes of the Community Forest Program, 
will not be considered in appraising the parcel's fair market value; and
    (2) Not be eligible for additional grants under the Community Forest 
Program.
    (e) For Indian Tribes, land acquired using a grant provided under 
the Community Forest Program must not be sold, converted to nonforest 
uses or a use inconsistent with the purpose of the Community Forest 
Program, or converted to land held in trust by the United States on 
behalf of any Indian Tribe.
    (f) Every five years, grant recipients shall submit a self-
certifying statement to the regional Forest Service Program Manager 
confirming that the property has not been sold or converted to nonforest 
uses or a use inconsistent with the purpose of the Community Forest 
Program.
    (g) Grant recipients are subject to periodic spot checks conducted 
by the Forest Service to verify that property acquired under the 
Community Forest Program has not been sold or converted to nonforest 
uses or any use inconsistent with the purpose of the Community Forest 
Program and that the current Community Forest Plan complies with defined 
minimum requirements in Sec.  230.2.



Sec.  230.10  Technical assistance funds.

    Community Forest Program technical assistance funds may be provided 
to State Foresters or equivalent officials of Indian Tribes through an 
administrative grant to help implement projects funded through the 
Community Forest Program. These funds do not have a cost share 
requirement. Section 7A(f) of the authorizing statute limits the funds 
allocated to State Foresters or equivalent officials of Indian Tribes 
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. Funds will only be provided to States or Indian Tribes that:
    (a) Have a Community Forest Program project funded within their 
jurisdiction; and
    (b) Indicate the financial need and purpose of technical assistance 
in their Community Forest Program application.



        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,

[[Page 228]]

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.



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-

[[Page 229]]

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 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

[[Page 230]]

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 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

[[Page 231]]

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.



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.

[[Page 232]]



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 of 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: All 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 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[deg]10[min] North Latitude and 145[deg]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[deg]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.

[[Page 233]]

    (5) Southeastern Alaska, including the:
    (i) 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 of 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, and Fruit islands and a number of smaller 
unnamed islands.
    (ii) Tongass National Forest:
    (A) Beacon Point, Frederick Sound, and Kupreanof Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S. 
Survey No. 1604. The point begins on the low-water line at N 63[deg] W, 
true and approximately 1,520 feet from Beacon Point beacon; thence due 
south true 1,520 feet; thence true East 1,800 feet, more or less to an 
intersection with a low-water line; thence following, is the low-water 
line round the point to point of the beginning (Approx. Long. 
133[deg]00[min] W, Lat. 56[deg]56\1/4\[min] N).
    (B) Bushy Island and Snow Passage are shown on the U.S. Coast and 
Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference 
location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map 
labeled, USS 1607. The point begins on a low-water line about \1/4\ 
nautical miles and southwesterly from the northwest point of the island, 
from which a left tangent to an island that is 300 yards in diameter and 
100 yards offshore, bears the location--N 60[deg] W, true; thence S 
60[deg] E, true and more or less 2,000 feet to an intersection with a 
low-water line on the easterly side of the island; thence forward along 
the winding of the low-water line northwesterly and southwesterly to the 
point of the beginning, including all adjacent rocks and reefs not 
covered at low water (Approx. Long. 132[deg]58[min] W, Lat. 56[deg]16\1/
2\[min] N).
    (C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 56 south, 77478 east, CRM, on the map 
labeled as USS 1011. It begins at a point on a low-water line that is 
westerly from the lighthouse and distant 1,520 feet in a direct line 
from the center of the concrete pier upon which the light tower is 
erected; thence South 45[deg] E, true by 1,520 feet; thence east true by 
1,520 feet, more or less to an intersection with the low-water line; 
thence north-westerly and westerly, following the windings of the low-
water line to the point of beginning (Approx. Long. 133[deg]05[min] W, 
Lat. 57[deg]00[min] N).

[[Page 234]]

    (D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12. 
The reference location is marked as 64 south, 78 east, CRM, SECs. 10, 
11, 12 on the map labeled as USS 1634. Location is north of a true east-
and-west line running across the point to 1,520 feet true south from the 
high-water line at the northernmost extremity. Map includes all adjacent 
rocks and ledges not covered at low water and also includes two rocks 
awash about 1\1/4\ nautical miles east and South and 75[deg] East, 
respectively, from the aforementioned point (Approx. Long. 
133[deg]12[min] W, Lat. 56[deg]20[min] N).
    (E) Vank Island and Stikine Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82 
east, CRM, SEC 34, on the map labeled as USS 1648. This part of the 
island is lying south of a true east-and-west line that is drawn across 
the island from low water to low water. Island is 760 feet due North 
from the center of the concrete pier upon which the structure for the 
light is erected (Approx. Long. 132[deg]35[min] W, Lat. 56[deg]27[min] 
N).
    (F) High Point, and Woronkofski Island, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The 
location begins at a point on low water at the head of the first bight 
easterly of the point and about \1/8\ nautical mile distant therefrom; 
thence south true 1,520 feet; thence west true 1,100 feet, more or less 
to an intersection with the low-water line; thence northerly and 
easterly, following the windings of the low-water line to point of the 
beginning (Approx. Long. 132[deg]33[min] W, Lat. 56[deg]24[min] N).
    (G) Key Reef and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\ miles 
S. 80[deg] E, true, from Bluff Island and becomes awash at extreme high 
water. Chart includes all adjacent ledges and rocks not covered at low 
water (Approx. Long. 132[deg]50[min] W, Lat. 56[deg]10[min] N).
    (H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast 
and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins at 
a point on a low-water line that is 760 feet in a direct line, easterly, 
from the center of Low Point Beacon. The position is located on a point 
of shoreline about 1 mile easterly from Low Point; thence S. 35[deg] W, 
true 760 feet; thence N 800 feet and W 760 feet, more or less, to an 
intersection with the low-water line to the point of beginning (Approx. 
Long. 132[deg]55\1/2\[min] W, Lat. 56[deg]27\1/2\[min] N).
    (I) McNamara Point and Zarembo Island, Alaska, are shown on U.S. 
Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins 
at a point on a low-water line that is 1,520 feet in a direct line, 
northerly, from McNamara Point Beacon-- a slatted tripod structure; 
thence true east 1,520 feet; thence true south, more or less, 2,500 feet 
to an intersection with the low-water line; thence northwesterly and 
northerly following the windings of the low-water line to the point of 
the beginning (Approx. Long. 133[deg]04[min] W, Lat. 56[deg]20[min] N).
    (J) Mountain Point and Wrangell Narrows, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The 
location begins at a point on a low-water line southerly from the center 
of Mountain Point Beacon and distant there from 1,520 feet in a direct 
line; thence true west 1,520 feet; thence true north, more or less, 
3,480 feet to an intersection with the low-water line; thence 
southeasterly and southerly following the windings of the low-water line 
to the point of the beginning (Approx. Long. 132[deg]57\1/2\[min] W, 
Lat. 56[deg]44[min] N).
    (K) Angle Point, Revillagigedo Channel, and Bold Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, USS 1603. The 
location begins at a point on a low-water line abreast of the lighthouse 
on Angle Point, the southwestern extremity of Bold Island; thence 
easterly along the low-water line to a point that is 3,040 feet in a 
straight line from the beginning point; thence N 30[deg] W, True 3,040 
feet; thence true west to an intersection with the low-water line, 3,000 
feet, more or less; thence southeasterly along the low-water line to the 
point of the beginning (Approx. Long. 131[deg]26[min] W, Lat. 
55[deg]14[min] N).
    (L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are 
shown on the U.S Coast and Geodetic Survey

[[Page 235]]

Chart No. 8074--Sheet No. 29. The reference location is marked as 83 
south, 89 and 90 east, CRM, USS 1608. The location begins at a point at 
the low-water mark on the shore line of Dixon Entrance from which the 
southern extremity of Cape Chacon bears south 64[deg] true East and 
approximately \3/4\ nautical miles; thence N 45[deg] true East and about 
1 nautical mile, more or less, to an intersection with a low-water line 
on the shore of Clarence Strait; thence southerly, following the 
meanderings of the low-water line of the shore, to and around Cape 
Chacon, and continuing to the point of the beginning. Reference includes 
all adjacent islands, islets, rocks, and reefs that are not covered at 
the low-water line (Approx. Long 132[deg] W, Lat. 54[deg]42[min] N).
    (M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the 
reef off of Lewis Point and partly bare at low water. This part of the 
reef is not covered at low water and lies on the northeast side of a 
true northwest-and-southeast line that is located 300 feet true 
southwest from the center of the concrete pier of Lewis Reef Light 
(Approx. Long. 131[deg]44\1/2\[min] W, Lat. 55[deg]22[min]25[sec] N).
    (N) Lyman Point and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is 
marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174 
TRC. It begins at a point at the low-water mark. The aforementioned 
point is 300 feet in a direct line easterly from Lyman Point light; 
thence due south 300 feet; thence due west to a low-water mark 400 feet, 
more or less; thence following the winding of the low-water mark to 
place of beginning (Approx. Long. 132[deg]18[min] W, Lat. 35[deg]35[min] 
N).
    (O) Narrow Point, Clarence Strait, and Prince of Wales Island are 
shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No. 9. 
The reference location is marked as 70 south, 84 east, CRM, on a map 
labeled as USS 1628. The point begins at a point on a low-water line 
about 1 nautical mile southerly from Narrow Point Light, from which 
point a left tangent to a high-water line of an islet about 500 yards in 
diameter and about 300 yards off shore, bears south 30[deg] true East; 
thence north 30[deg] W, true 7,600 feet; thence N 60[deg] E, 3,200 feet, 
more or less to an intersection with a low-water line; thence 
southeasterly, southerly, and southwesterly, following the winding of 
the low-water line to the point of the beginning. The map includes all 
adjacent rocks not covered at low water (Approx. Long. 132[deg]28[min] 
W, Lat. 55[deg]47\1/2\[min] N).
    (P) Niblack Point, Cleveland Peninsula, and Clarence Strait, Alaska, 
are shown on the U.S. coast and Geodetic Survey Chart No. 8102--Sheet 
No. 6, which is the same sheet used for Caamano Point. The location 
begins at a point on a low-water line from which Niblack Point Beacon, a 
tripod anchored to three concrete piers, bears southeasterly and is 
1,520 feet in a direct line; thence true northeast 1,520 feet; thence 
true southeast 3,040 feet; thence true southwest at 600 feet, more or 
less, to an intersection with a low-water line; thence northwesterly 
following the windings of the low-water line to the point of the 
beginning (Approx. Long. 132[deg]07[min] W, Lat. 55[deg]33[min] N).
    (Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not 
covered at low water and lies east of a true north-and-south line, 
located 600 feet true west from the center of the concrete pier of Rosa 
Reef Light. The reef is covered at high water (Approx. Long. 
131[deg]48[min] W, Lat. 55[deg]24[min] 15[sec] N).
    (R) Ship Island and Clarence Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is 
marked as south, 8 east, CRM, SEC 27. The point begins as a small island 
on the northwesterly side of the Clarence Strait, about 10 nautical 
miles northwesterly from Caamano Point and \1/4\ mile off the shore of 
Cleveland Peninsula. The sheet includes all adjacent islets and rocks 
not connected to the main shore and not covered at low water (Approx. 
Long. 132[deg]12[min] W, Lat. 55[deg]36[min] N).
    (S) Spire Island Reef and Revillagigedo Channel are shown on

[[Page 236]]

the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, SEC 19.The 
detached reef, covered at high water and partly bare at low water, is 
located northeast of Spire Island. Spire Island Light is located on the 
reef and consists of small houses and lanterns surmounting a concrete 
pier. See chart for ``Angle Pt.'' (Approx. Long 131[deg]30[min] W, Lat. 
55[deg]16[min] N).
    (T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is 
marked as 80 south, 89 east, CRM. This point lies north of a true east-
and-west line. The true east-and-west line lies 3,040 feet true south 
from the northernmost extremity of the point together with adjacent 
rocks and islets (Approx. Long. 130[deg]44[min] W, Lat. 54[deg]49[min] 
N).
    (U) Caamano Point, Cleveland Peninsula, and Clarence Strait, Alaska, 
are shown on the U.S. Coast and Geodetic Survey Chart No. 8102--Sheet 
No. 6. Location consists of everything apart of the extreme south end of 
the Cleveland Peninsula lying on a south side of a true east-and-west 
line that is drawn across the point at a distance of 800 feet true north 
from the southernmost point of the low-water line. This includes off-
lying rocks and islets that are not covered at low water (Approx. Long. 
131[deg]59[min] W, Lat. 55[deg]30[min] N).
    (V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S. 
and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is 
about 150 yards in diameter and located about 200 yards northwest of 
Meyers Island (Approx. Long. 132[deg]16[min] W, Lat. 55[deg]44\1/2\[min] 
N).
    (W) Round Island and Cordova Bay, Alaska, are shown on the U.S coast 
and Geodetic Survey Chart No. 8145--Sheet No. 36. The Southwestern 
Island of the group is about 700 yards long, including off-lying rocks 
and reefs that are not covered at low water (Approx. Long. 132[deg]30\1/
2\[min] W, Lat. 54[deg]46 1/2[min] N).
    (X) Mary Island begins at a point that is placed at a low-water 
mark. The aforementioned point is southward 500 feet from a crosscut on 
the side of a large rock on the second point below Point Winslow and 
Mary Island; thence due west \3/4\ mile, statute; thence due north to a 
low-water mark; thence following the winding of the low water to the 
place of the beginning (Approx. Long. 131[deg]11[min] 00[sec] W, Lat. 
55[deg]05[min] 55[sec] N).
    (Y) Tree Point starts a point of a low-water mark. The 
aforementioned point is southerly \1/2\ mile from extreme westerly point 
of a low-water mark on Tree Point, on the Alaska Mainland; thence due 
true east, \3/4\ mile; thence due north 1 mile; thence due west to a 
low-water mark; thence following the winding of the low-water mark to 
the place of the beginning (Approx. Long. 130[deg]57[min] 44[sec] W, 
Lat. 54[deg]48[min] 27[sec] N).
    (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;
    (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;

[[Page 237]]

    (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; 83 FR 23817, May 23, 2018]



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 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).

[[Page 238]]

    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 
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

[[Page 239]]

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.



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).

[[Page 240]]

    (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 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

[[Page 241]]

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 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

[[Page 242]]

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 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:

[[Page 243]]

    (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. 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

[[Page 244]]

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 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.

[[Page 245]]

    (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 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 determines which areas or communities in Alaska are 
nonrural. Current determinations are listed at Sec.  242.23.
    (b) All other communities and areas are, therefore, rural.

[80 FR 68253, Nov. 4, 2015]



Sec.  242.16  Customary and traditional use determination process.

    (a) The Board shall determine which fish stocks and wildlife 
populations

[[Page 246]]

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

[[Page 247]]

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.
    (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.  242.19  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

[[Page 248]]

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 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.

[[Page 249]]



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.  100.15 except the following: Fairbanks North 
Star Borough; Homer area--including Homer, Anchor Point, Kachemak City, 
and Fritz Creek; Juneau area--including Juneau, West Juneau, and 
Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski, 
Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--
including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan 
East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and 
parts of Gravina Island; Municipality of Anchorage; Seward area--
including Seward and Valdez, and Wasilla/Palmer area--including Wasilla, 
Palmer, Sutton, Big Lake, Houston, and Bodenberg Butte.
    (b) You may obtain maps delineating the boundaries of nonrural areas 
from the U.S. Fish and Wildlife Service at the Alaska Regional Office 
address provided at 50 CFR 2.2(g), or on the Web at https://www.doi.gov/
subsistence.

[80 FR 68248, Nov. 4, 2015, as amended at 86 FR 17717, Apr. 6, 2021]



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:

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Unit 1........................  Black Bear.......  Residents of Units 1-
                                                    5.
Unit 1........................  Brown Bear.......  Residents of Units 1-
                                                    5.
Unit 1........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 1........................  Goat.............  Residents of Units 1-
                                                    5.
Unit 1........................  Moose............  Residents of Units 1-
                                                    5.
Unit 2........................  Black Bear.......  Residents of Units 1-
                                                    5.
Unit 2........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 3........................  Black Bear.......  Residents of Units 1-
                                                    5.
Unit 3........................  Brown Bear.......  Residents of Units 1-
                                                    5.
Unit 3........................  Deer.............  Residents of Units 1-
                                                    5.

[[Page 250]]

 
Unit 3........................  Elk..............  Residents of Units 1-
                                                    5.
Unit 3........................  Moose............  Residents of Units 1-
                                                    5.
Unit 4........................  Brown Bear.......  Residents of Units 1-
                                                    5.
Unit 4........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 4........................  Goat.............  Residents of Units 1-
                                                    5.
Unit 5........................  Black Bear.......  Residents of Units 1-
                                                    5.
Unit 5........................  Brown Bear.......  Residents of Units 1-
                                                    5.
Unit 5........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 5........................  Goat.............  Residents of Units 1-
                                                    5.
Unit 5........................  Moose............  Residents of Unit 5A.
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 6D.
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............  Residents of Unit 6D.
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, Hope, and
                                                    Moose Pass.
Unit 7, Brown Mountain hunt     Goat.............  Residents of Port
 area.                                              Graham and Nanwalek.
Unit 7, remainder.............  Goat.............  Residents of Chenega
                                                    Bay, Cooper Landing,
                                                    Hope, Moose Pass,
                                                    Nanwalek, Ninilchik,
                                                    Port Graham,
                                                    Seldovia, and
                                                    Tatilek.
Unit 7........................  Moose............  Residents of Chenega
                                                    Bay, Cooper Landing,
                                                    Hope, Moose Pass,
                                                    and Tatitlek.
Unit 7........................  Sheep............  Residents of Cooper
                                                    Landing and Moose
                                                    Pass.
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.

[[Page 251]]

 
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 9D.......................  Ptarmigan........  Residents of Unit 9D.
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,
                                                    Cold Bay, False
                                                    Pass, King Cove,
                                                    Nelson Lagoon, 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.
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.

[[Page 252]]

 
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--
                                                    Mileposts 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Mileposts 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--Mileposts 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Mileposts 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,
                                                    Mentasta Lake, and
                                                    Slana.
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.

[[Page 253]]

 
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.
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 15B......................  Caribou..........  Residents of Cooper
                                                    Landing, Hope,
                                                    Nanwalek, Ninilchik,
                                                    Moose Pass, Port
                                                    Graham, and
                                                    Seldovia.
Unit 15C......................  Caribou..........  Residents of Cooper
                                                    Landing, Hope,
                                                    Nanwalek, Ninilchik,
                                                    Port Graham, and
                                                    Seldovia.
Unit 15A and Unit 15B.........  Goat.............  Residents of Cooper
                                                    Landing, Hope, Moose
                                                    Pass, Nanwalek,
                                                    Ninilchik, Port
                                                    Graham, and
                                                    Seldovia.
Unit 15C......................  Goat.............  Residents of Cooper
                                                    Landing, Hope,
                                                    Nanwalek, Ninilchik,
                                                    Port Graham, and
                                                    Seldovia.

[[Page 254]]

 
Unit 15A and Unit 15B.........  Moose............  Residents of Cooper
                                                    Landing, Ninilchik,
                                                    Moose Pass,
                                                    Nanwalek, Port
                                                    Graham, and
                                                    Seldovia.
Unit 15C......................  Moose............  Residents of
                                                    Ninilchik, Nanwalek,
                                                    Port Graham, and
                                                    Seldovia.
Unit 15A and Unit 15B.........  Sheep............  Residents of Cooper
                                                    Landing and
                                                    Ninilchik.
Unit 15C......................  Sheep............  Residents of
                                                    Ninilchik.
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 17.......................  Beaver...........  Residents of Units
                                                    9A, 9B, 9C, 9E, and
                                                    17.
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, those portions north  Brown Bear.......  Residents of Unit 17,
 and west of a line beginning                       Akiak, Akiachak,
 from the Unit 18 boundary at                       Goodnews Bay,
 the northwestern end of                            Kwethluk, and
 Nenevok Lake, to the southern                      Platinum.
 point of upper Togiak Lake,
 and northeast towards the
 northern point of Nuyakuk
 Lake to the Unit 17A boundary.
Unit 17B, beginning at the      Brown Bear.......  Residents of Unit 17
 Unit 17B boundary, those                           and Kwethluk.
 portions north and west of a
 line running from the
 southern point of upper
 Togiak Lake, northeast to the
 northern point of Nuyakuk
 Lake, and 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 Unit 17,
 draining into Nuyakuk Lake                         Akiak and Akiachak.
 and Tikchik Lake.
Unit 17B, remainder, and Unit   Brown Bear.......  Residents of Unit 17.
 17C.
Unit 17A, that portion west of  Caribou..........  Residents of Units
 the Izavieknik River, Upper                        9B, 17, Eek,
 Togiak Lake, Togiak Lake, and                      Goodnews Bay, Lime
 the main course of the Togiak                      Village, Napakiak,
 River.                                             Platinum, Quinhagak,
                                                    Stony River, and
                                                    Tuntutuliak.
Unit 17A, that portion north    Caribou..........  Residents of Units
 of Togiak Lake that includes                       9B, 17, Akiak,
 Izavieknik River drainages.                        Akiachak, Lime
                                                    Village, Stony
                                                    River, and Tuluksak.

[[Page 255]]

 
Units 17A and 17B, those        Caribou..........  Residents of Units
 portions north and west of a                       9B, 17, Kwethluk,
 line beginning from the Unit                       Lime Village, and
 18 boundary at the                                 Stony River.
 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 Units
 Togiak National Wildlife                           9B, 17, Akiachak,
 Refuge within Unit 17B.                            Akiak, Bethel, Eek,
                                                    Goodnews Bay, Lime
                                                    Village, Napakiak,
                                                    Platinum, Quinhagak,
                                                    Stony River,
                                                    Tuluksak, and
                                                    Tuntutuliak.
Unit 17, remainder............  Caribou..........  Residents of Units
                                                    9B, 9C, 9E, 17, Lime
                                                    Village, and Stony
                                                    River.
Unit 17A, those portions north  Moose............  Residents of Unit 17,
 and west of a line beginning                       Goodnews Bay,
 from the Unit 18 boundary at                       Kwethluk, and
 the northwestern end of                            Platinum.
 Nenevok Lake, to the southern
 point of upper Togiak Lake,
 and to the Unit 17A boundary
 to the northeast towards the
 northern point of Nuyakuk
 Lake and northeast towards
 the northern point of Nuyakuk
 Lake to the Unit 17A boundary.
Unit 17A, that portion north    Moose............  Residents of Unit 17,
 of Togiak Lake that includes                       Akiak, Akiachak,
 Izavieknik River drainages.                        Goodnews Bay, and
                                                    Platinum.
Unit 17A, remainder...........  Moose............  Residents of Unit 17,
                                                    Goodnews Bay and
                                                    Platinum.
Units 17B, beginning at the     Moose............  Residents of Unit 17,
 Unit 17B boundary, those                           Akiak, Akiachak,
 portions north and west of a                       Goodnews Bay,
 line running from the                              Levelock, Nondalton,
 southern point of upper                            and Platinum.
 Togiak Lake, northeast to the
 northern point of Nuyakuk
 Lake, and northeast to the
 point where the Unit 17
 boundary intersects the
 Shotgun Hills.
Unit 17B, that portion within   Moose............  Residents of Unit 17,
 the Togiak National Wildlife                       Akiak, Akiachak,
 Refuge.                                            Goodnews Baym,
                                                    Levelock, Nondalton,
                                                    and Platinum.
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 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,
                                                    Lower Kalskag,
                                                    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, Lower
 of Russian Mission and that                        Kalskag, Aniak, and
 portion of the Kuskokwim                           Chuathbaluk.
 River drainage upstream of,
 but not including, the
 Tuluksak River drainage.

[[Page 256]]

 
Unit 18, that portion north of  Moose............  Residents of Unit 18,
 a line from Cape Romanzof to                       Lower Kalskag, St.
 Kusilvak Mountain to Mountain                      Michael, Stebbins,
 Village, and all drainages                         and Upper Kalskag.
 north of the Yukon River
 downstream from Marshall.
Unit 18, remainder............  Moose............  Residents of Unit 18,
                                                    Lower Kalskag, 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.
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.

[[Page 257]]

 
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.
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.

[[Page 258]]

 
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.

[[Page 259]]

 
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.
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
                                                    1626.
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, and
                                                    Eureka, Livengood,
                                                    Manley, and Minto.
Unit 25D......................  Caribou..........  Residents of Units
                                                    20F and 25D and
                                                    Manley Hot Springs.
Unit 25A......................  Moose............  Residents of Units
                                                    25A and 25D.
Unit 25B and Unit 25C.........  Moose............  Residents of Units
                                                    20D, 20E, 25B, 25C,
                                                    25D, Tok and
                                                    Livengood.
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.

[[Page 260]]

 
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:

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
             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.
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.

[[Page 261]]

 
                                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).
    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.

[[Page 262]]

 
    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, Dry Creek,
                                                    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.
    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..................  All fish.........  Residents of Yakutat
                                                    and Southeastern
                                                    Alaska Fishery
                                                    Management Areas.
SOUTHEASTERN ALASKA AREA......  All fish.........  Residents of Yakutat
                                                    and Southeastern
                                                    Alaska Fishery
                                                    Management Areas.
------------------------------------------------------------------------


[[Page 263]]

    (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:

                       Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
             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]

    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.govinfo.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

[[Page 264]]

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 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

[[Page 265]]

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.
    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 or 
Alaska 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.

[[Page 266]]

    Household means that group of people residing in the same residence.
    Hook means a single shanked fishhook with a single eye constructed 
with one or more points with or without barbs. A hook without a ``barb'' 
means the hook is manufactured without a barb or the barb has been 
completely removed or compressed so that barb is in complete contact 
with the shaft of the hook.
    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 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

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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.
    Scent lure (in reference to bear baiting) means any biodegradable 
material to which biodegradable scent is applied or infused.
    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 (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.

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    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.
    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

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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.
    (5) Fish, wildlife, or shellfish taken by a participant in a 
community harvest system counts toward both the community harvest limit 
or quota for that species as well as individual harvest limits, Federal 
or State, for each participant in that community harvest system; 
however, the take does not count toward individual harvest limits, 
Federal or State, of any non-participant.
    (i) Fish, wildlife, or shellfish taken by someone who is not a 
participant in a community harvest system does not count toward any 
community harvest limit or quota.
    (ii) For the purposes of this provision, all residents of the 
community are deemed participants in the community harvest unless the 
Board-approved framework requires registration as a prerequisite to 
harvesting or receiving any fish, wildlife, or shellfish pursuant to 
that community harvest, in which case only those who register are deemed 
participants in that community harvest.
    (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 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 
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

[[Page 270]]

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.
    (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.

[[Page 271]]

    (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, as amended at 80 FR 28192, May 18, 2015; 83 
FR 50764, Oct. 9, 2018; 87 FR 44858, July 26, 2022]



Sec.  242.26  Subsistence taking of wildlife.

    (a) General taking prohibitions. 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) Prohibited methods and means. 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:

[[Page 272]]

    (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; if fish or 
wildlife is used as bait, only the head, bones, viscera, or skin of 
legally harvested fish and wildlife, the skinned carcasses of 
furbearers, and unclassified wildlife may be used, except that in Units 
7 and 15, fish or fish parts may not be used as bait. Scent lures may be 
used at registered bait stations.
    (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.
    (vii) You may not give or receive payment for the use of a bait 
station, including barter or exchange of goods.
    (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 a.m. following the day in which 
airborne travel

[[Page 273]]

occurred (except for flights in regularly scheduled commercial 
aircraft). This restriction does not apply to subsistence taking of deer 
(except on NPS lands) and of caribou on the Nushagak Peninsula (a 
portion of Units 17A and 17C) during Jan. 1-Mar. 31, provided the hunter 
is 300 feet from the airplane; moreover, this restriction does not apply 
to subsistence 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) Defense of life and property. Wildlife taken in defense of life 
or property is not a subsistence use; wildlife so taken is subject to 
State regulations.
    (d) Trapping furbearing animals. 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. Except as specified 
in paragraph (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.
    (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, 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

[[Page 274]]

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. (1) 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.
    (2) 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.
    (3) 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.
    (4) 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 
brown bear taken apply in all Units, except as specified in this 
paragraph (j). Sealing requirements for black bears of all color phases 
taken apply in Units 1-7, 13-17, 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, and Units 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, and Units 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 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,

[[Page 275]]

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 Unit 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) Sealing form. 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) Traditional religious ceremonies. 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 Unit 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 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

[[Page 276]]

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; and
    (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; and
    (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 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; and
    (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),

[[Page 277]]

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) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

                       Table 1 to Paragraph (n)(1)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may be a    Sep. 1-June 30.
 blue or glacier bear.
Brown Bear: 1 bear every 4 regulatory years by    Sep. 15-Dec. 31.
 State registration permit only.                  Mar. 15-May 31.
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 deer may be  Aug. 1-Dec. 31.
     taken only Sep. 15-Dec. 31.
Elk: 1 elk by Federal registration permit.......  July 1-June 30.
Successful hunters must send a photo of their
 elk antlers to ADF&G and a 5-inch section of
 the lower jaw with front teeth
Goat:
    Unit 1A, Revillagigedo Island only..........  No open season.
    Unit 1B, that portion north of LeConte Bay--  Aug. 1-Dec. 31.
     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 on the      No open season.
     Cleveland Peninsula south of the divide
     between Yes Bay and Santa Anna Inlet.
    Unit 1A and Unit 1B, remainder--2 goats; a    Aug. 1-Dec. 31.
     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 into Lynn      Oct. 1-Nov. 30.
     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 into Stephens  No open season.
     Passage and Taku Inlet between Eagle
     Glacier and River and Taku Glacier.
    Unit 1C, remainder--1 goat by State           Aug. 1-Nov. 30.
     registration permit only.
    Unit 1D, that portion lying north of the      Sep. 15-Nov. 30.
     Katzehin River and northeast of the Haines
     highway--1 goat by State registration
     permit only.
    Unit 1D, that portion lying between Taiya     No open season.
     Inlet and River and the White Pass and
     Yukon Railroad.
    Unit 1D, remainder--1 goat by State           Aug. 1-Dec. 31.
     registration permit only.
Moose:
    Unit 1A--1 antlered bull by Federal           Sep. 5-Oct. 15.
     registration permit.
    Unit 1B--1 antlered bull with spike-fork or   Sep. 15-Oct. 15.
     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 Point Hobart   Sep. 15-Oct. 15.
     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 drainages of    Sep. 15-Oct. 15.
     Berners Bay--1 bull by State registration
     permit only.
    Unit 1C, Berners Bay--1 bull by drawing       Sep.15-Oct. 15 (will
     permit.                                       be announced).
    Only one moose permit may be issued per
     household. A household receiving a State
     permit for Berners Bay drainages moose may
     not receive a Federal permit. The annual
     harvest quota will be announced by the USDA
     Forest Service, Juneau office, in
     consultation with ADF&G. The Federal
     harvest allocation will be 25% (rounded up
     to the next whole number) of bull moose
     permits
    Unit 1D.....................................  No open season.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver      Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day................  Sep. 1-Apr. 30.
Lynx: 2 lynx....................................  Dec. 1-Feb. 15.
Wolf:
    Units 1A and 1B, south of Bradfield Canal     Aug. 1-May 31.
     and the east fork of the Bradfield River--5
     wolves.
    Units 1B, remainder, 1C, and 1D--5 wolves...  Aug. 1-Apr. 30.

[[Page 278]]

 
Wolverine: 1 wolverine..........................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per day, 10  Aug. 1-May 15.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 1--No limit........................  Nov. 10-May 15.
Coyote: No limit................................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver      Dec. 1-Feb. 15.
 Phases): No limit.
Lynx: No limit..................................  Dec. 1-Feb. 15.
Marten: No limit................................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.......................
Muskrat: No limit...............................  Dec. 1-Feb. 15.
Otter: No limit.................................  Dec. 1-Feb. 15.
Wolf: No limit..................................  Nov. 1-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) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.
    (ii) [Reserved]

                       Table 2 to Paragraph (n)(2)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may be a    Sep. 1-June 30.
 blue or glacier bear.
Deer:
    5 deer; however, no more than one may be a    July 24-Jan. 31.
     female deer. Female deer may be taken only
     during the period Oct. 15-Jan. 31. Harvest
     ticket number five must be used when
     recording the harvest of a female deer, but
     may be used for recording the harvest of a
     male deer. Harvest tickets must be used in
     order except when recording a female deer
     on tag number five.
    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 Aug. 1-15, except by
     federally qualified subsistence users
     hunting under these regulations.
    Non-federally qualified users may only
     harvest up to 2 male deer on Federal public
     lands in Unit 2.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Elk: 1 elk by Federal registration permit.......  Jul 1-Jun 30.
Successful hunters must send a photo of their
 elk antlers to ADF&G and a 5-inch section of
 the lower jaw with front teeth.
Fox, Red (including Cross, Black, and Silver      Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day................  Sep. 1-Apr. 30.
Lynx: 2 lynx....................................  Dec. 1-Feb. 15.
Wolf: No limit. All wolves taken will be          Sep. 1-Mar. 31.
 sequentially numbered, marked with the date and
 location recorded by the hunter for each wolf,
 and all hides must be sealed within 15 days of
 take.
Wolverine: 1 wolverine..........................  Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per day, 10 in      Aug. 1-May 15.
 possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Nov. 10-May 15.
Coyote: No limit................................  Dec. 1-Feb. 15.

[[Page 279]]

 
Fox, Red (including Cross, Black, and Silver      Dec. 1-Feb. 15.
 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. All wolves taken will be          Nov. 15-Mar. 31.
 sequentially numbered, marked with the date and
 location recorded by the trapper for each wolf,
 and all hides must be sealed within 15 days of
 take.
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; and
    (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) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

                       Table 3 to Paragraph (n)(3)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may be a    Sep. 1-June 30.
 blue or glacier bear.
Deer:
    Unit 3, Mitkof, Woewodski, and Butterworth    Oct. 1-Nov. 7.
     Islands and that portion of Kupreanof
     Island on the Lindenberg Peninsula east of
     the Portage Bay-Duncan Canal Portage--1
     buck.
    Unit 3, remainder--2 bucks..................  Aug. 1-Nov. 30.
                                                  Dec. 1-31, season to
                                                   be announced.
Elk:
    Unit 3, Etolin, Zarembo, Bushy, Shrubby, and  No open season.
     Kashevarof Islands.
    Unit 3 remainder--1 elk by Federal            July 1-June 30.
     registration permit.
    Successful hunters must send a photo of
     their elk antlers to ADF&G and a 5-inch
     section of the lower jaw with front teeth.
Moose: 1 antlered bull with spike-fork or 50-     Sep. 1-Oct. 15.
 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...............................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver      Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day................  Sep. 1-Apr. 30.
Lynx: 2 lynx....................................  Dec. 1-Feb. 15.
Wolf: 5 wolves..................................  Aug. 1-May 31.
Wolverine: 1 wolverine..........................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per day, 10  Aug. 1-May 15.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 per day, 40 in possession.
------------------------------------------------------------------------

[[Page 280]]

 
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 3, Mitkof Island--No limit.............  Nov. 10-May 15.
    Unit 3, except Mitkof Island--No limit......  Nov. 10-May 15.
Coyote: No limit................................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver      Dec. 1-Feb. 15.
 Phases): No limit.
Lynx: No limit..................................  Dec. 1-Feb. 15.
Marten:
    No limit (except on Kuiu Island)............  Dec. 1-Feb. 15.
    Kuiu Island portion of Unit 3. No limit.....  Dec. 1-31.
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. 1-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); and
    (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 4 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) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

                       Table 4 to Paragraph (n)(4)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear:

[[Page 281]]

 
    Unit 4, Chichagof Island south and west of a  Sep. 15-Dec. 31. Mar.
     line that follows the crest of the island     15-May 31.
     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 that 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 4
     regulatory years by State registration
     permit only.
    Unit 4, remainder--1 bear every 4 regulatory  Sep. 15-Dec. 31. Mar.
     years by State registration permit only.      15-May 20.
Deer: 6 deer; however, female deer may be taken   Aug. 1-Jan. 31.
 only Sep. 15-Jan. 31.
Elk: 1 elk by Federal registration permit.......  July 1-June 30.
Successful hunters must send a photo of their
 elk antlers to ADF&G and a 5-inch section of
 the lower jaw with front teeth.
Goat: 1 goat by State registration permit only..  Aug. 1-Dec. 31.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver      Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day................  Sep. 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 per day, 10  Aug. 1-May 15.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Nov. 10-May 15.
Coyote: No limit................................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver      Dec. 1-Feb. 15.
 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; In Unit 5A, 
Nunatak Bench is defined as that area east of the Hubbard Glacier, north 
of Nunatak fiord, and north and east of the East Nunatak Glacier to the 
Canadian border.
    (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) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

                       Table 5 to Paragraph (n)(5)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may be a    Sep. 1-June 30.
 blue or glacier bear.

[[Page 282]]

 
Brown Bear: 1 bear by Federal registration        Sep. 1-May 31.
 permit only.
Deer:
    Unit 5A--1 buck.............................  Nov. 1-30.
    Unit 5B.....................................  No open season.
Goat:
    Unit 5A--that area between the Hubbard        No open season.
     Glacier and the West Nunatak Glacier on the
     north and east sides of Nunatak Fjord.
    Unit 5A, remainder--1 goat by Federal         Aug. 1-Jan. 31.
     registration permit only.
    Unit 5B--1 goat by Federal registration       Aug. 1-Jan. 31.
     permit only.
Moose:
    Unit 5A, Nunatak Bench--1 moose by State      Nov. 15-Feb. 15.
     registration permit only. The season will
     be closed when 5 moose have been taken from
     the Nunatak Bench.
    Unit 5A, except Nunatak Bench, west of the    Oct. 8-Nov. 15.
     Dangerous River--1 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 5A, except Nunatak Bench, east of the    Sep. 16-Nov. 15.
     Dangerous River--1 bull by joint State/
     Federal registration permit only. From Sep.
     16-30, public lands will be closed to
     taking of moose, except by residents of
     Unit 5A hunting under these regulations.
    Unit 5B--1 bull by State registration permit  Sep. 1-Dec. 15.
     only. The season will be closed when 25
     bulls have been taken from the entirety of
     Unit 5B.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day................  Sep. 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 day, 10 in      Aug. 1-May 15.
 possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 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 Silver       Nov. 10-Feb. 15.
 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; and
    (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.
    (C) One permit will be issued by the Cordova District Ranger to the 
Native Village of Eyak to take one moose

[[Page 283]]

from Federal lands in Unit 6B or 6C 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. 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.

                       Table 6 to Paragraph (n)(6)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 1 bear. In Unit 6D, a State           Sep. 1-June 30.
 registration permit is required.
Deer:
    5 deer; however, antlerless deer may be       Aug. 1-Jan. 31.
     taken only from Oct. 1-Jan. 31. Only 1 of
     the 5-deer harvest limit may be taken
     between Jan. 1-31.
Goats:
    Unit 6A and B--1 goat by State registration   Aug. 20-Jan. 31.
     permit only.
    Unit 6C.....................................  No open season.
    Unit 6D (subareas RG242, RG243, RG244,        Aug. 20-Feb. 28.
     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 Federal        Sep. 1-Oct. 31.
     drawing permit only.
    Permits for the portion of the antlerless
     moose quota not harvested in the Sep. 1-
     Oct. 31 hunt may be available for
     redistribution for a Nov. 1-Dec. 31 hunt.
    Unit 6C--1 bull by Federal drawing permit     Sep. 1-Dec. 31.
     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 possession.......  May 1-Oct. 31.
Coyote:
    Unit 6A and D--2 coyotes....................  Sep. 1-Apr. 30.
    Unit 6B and 6C--No limit....................  July 1-June 30.
Fox, Red (including Cross, Black and Silver       No open season.
 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..........................  Sep. 1-Mar. 31.
Grouse (Spruce): 5 per day, 10 in possession....  Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 1-May 15.
 per day, 40 in possession.
------------------------------------------------------------------------

[[Page 284]]

 
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Dec. 1-Apr. 30.
Coyote:
    Unit 6C, south of the Copper River Highway    Nov. 10-Apr. 30.
     and east of the Heney Range--No limit.
    Units 6A, 6B, 6C, remainder, and 6D--No       Nov. 10-Mar. 31.
     limit.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 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 limit..................................  Nov. 10-Mar. 31.
Wolverine: No limit.............................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (7) Unit 7. (i) Unit 7 consists of Gulf of Alaska drainages between 
Gore Point and Cape Fairfield including the Nellie Juan and Kings River 
drainages, and including the Kenai River drainage upstream from the 
Russian River, the drainages into the south side of Turnagain Arm west 
of and including the Portage Creek drainage, and east of 150[deg] W 
long., and all Kenai Peninsula drainages east of 150[deg] W long., from 
Turnagain Arm to the Kenai River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) 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]

                       Table 7 to Paragraph (n)(7)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Caribou:
    Unit 7, north of the Sterling Highway and     Aug. 10-Dec. 31.
     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.
Goat: 1 goat by Federal Drawing permit. Nannies   Aug. 10-Nov 14.
 accompanied by kids may not be taken.
Moose:
    Unit 7, that portion draining into Kings      No open season.
     Bay--Federal public lands are closed to the
     taking of moose except by residents of
     Chenega Bay and Tatitlek.
    Unit 7, remainder--1 antlered bull with       Aug. 20-Sep. 25.
     spike-fork or 50-inch antlers or with 3 or
     more brow tines on either antler, by
     Federal registration permit only.
Sheep: 1 ram with full curl horn or larger by     Aug. 10-Sep. 20.
 Federal drawing permit.
Beaver: 1 beaver per day, 1 in possession.......  May 1-Oct. 10.
Coyote: No limit................................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       No open season.
 Phases):.
Hare (Snowshoe): No limit.......................  July 1-June 30.
Lynx: 2 lynx....................................  Nov. 10-Jan. 31.
Wolf:
    Unit 7, that portion within the Kenai         Aug. 10-Apr. 30.
     National Wildlife Refuge--2 wolves.
    Unit 7, remainder--5 wolves.................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce): 10 per day, 20 in possession...  Aug. 10-Mar. 31.
Grouse (Ruffed):................................  No open season.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Mar. 31.
 per day, 40 in possession.
------------------------------------------------------------------------

[[Page 285]]

 
                                Trapping
------------------------------------------------------------------------
Beaver: 20 beaver per season....................  Nov. 10-Mar. 31.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit..................................  Jan. 1-31.
Marten: No limit................................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.......................  Nov. 10-Jan. 31.
Muskrat: No limit...............................  Nov. 10-May 15.
Otter: No limit.................................  Nov. 10-Feb. 28.
Wolf: No limit..................................  Nov. 10-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) Unit-specific regulations: If you have a trapping license, you 
may take beaver with a firearm in Unit 8 from Nov. 10 through Apr. 30.
    (ii) [Reserved]

                       Table 8 to Paragraph (n)(8)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear: 1 bear by Federal registration        Dec. 1-Dec. 15. Apr. 1-
 permit only. Up to 2 permits may be issued in     May 15.
 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 Kodiak         Aug. 1-Jan. 31.
 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 Oct. 1-Jan.
 31.
Elk: Kodiak, Ban, Uganik, and Afognak Islands--1  Sep. 15-Nov. 30.
 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 Silver       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): No limit.......................  July 1-June 30.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Apr. 30.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season....................  Nov. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Nov. 10-Mar. 31.
 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

[[Page 286]]

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; and
    (B) You may not use motorized vehicles, except aircraft, boats, or 
snowmobiles used for hunting and transporting a hunter or harvested 
animal parts from Aug. 1 through 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 through May 31 and in the remainder of 
Unit 9 from April 1 through 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. The 
season will be closed when 4 females or 10 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 through 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. 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. 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 through 
December 31 or May 10 through 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.

[[Page 287]]



                       Table 9 to Paragraph (n)(9)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear:
    Unit 9B, Lake Clark National Park and         July 1-June 30.
     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.
    The season will be closed by the Lake Clark
     National Park and Preserve Superintendent
     when 4 females or 10 bear have been taken,
     whichever occurs first.
    Unit 9B, remainder--1 bear by State           Sep. 1-May 31.
     registration permit only.
    Unit 9C--1 bear by Federal registration       Oct. 1-May 31.
     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 6 females or 10
     bear have been taken, whichever occurs
     first.
    Unit 9E--1 bear by Federal registration       Sep. 25-Dec. 31.
     permit.                                      Apr. 15-May 25.
Caribou:
    Unit 9A--up to 2 caribou by State             Season may be
     registration permit.                          announced between
                                                   Aug. 1-Mar. 15.
    Unit 9B--up to 2 caribou by State             Season may be
     registration permit.                          announced between
                                                   Aug. 1-Mar. 31.
    Unit 9C, that portion within the Alagnak      Season may be
     River drainage--up to 2 caribou by State      announced between
     registration permit.                          Aug. 1-Mar. 15.
    Unit 9C, that portion draining into the       Season may be
     Naknek River from the north, and Graveyard    announced between
     Creek and Coffee Creek--up to 2 caribou by    Aug. 1-Mar. 15.
     State registration permit.
    Unit 9C, remainder--1 bull by Federal         May be announced.
     registration permit or State permit.
     Federal public lands are closed to the
     taking of caribou except by residents of
     Unit 9C and Egegik..
    Unit 9D--1-4 caribou by Federal registration  Aug. 1-Sep. 30.
     permit only.                                 Nov. 15-Mar. 31.
    Unit 9E--1 bull by Federal registration       May be announced.
     permit or State permit. Federal public
     lands are closed to the taking of caribou
     except by residents of Unit 9E, Nelson
     Lagoon, and Sand Point..
Sheep:
    Unit 9B, that portion within Lake Clark       July 15-Oct. 15.
     National Park and Preserve--1 ram with \3/   Jan. 1-Apr. 1.
     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 \7/8\ curl or  Aug. 10-Oct. 10.
     larger horn by Federal registration permit
     only.
    Unit 9, remainder--1 ram with \7/8\ curl or   Aug. 10-Sep. 20.
     larger horn.
Moose:
    Unit 9A--1 bull by State registration permit  Sep. 1-15.
    Unit 9B--1 bull by State registration permit  Sep. 1-20.
                                                  Dec. 1-Jan. 15.
    Unit 9C, that portion draining into the       Sep. 1-20.
     Naknek River from the north--1 bull by       Dec. 1-31.
     State registration permit.
    Unit 9C, that portion draining into the       Aug. 20-Sep. 20.
     Naknek River from the south--1 bull by       Dec. 1-31.
     State registration permit. 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 State           Sep. 1-20.
     registration permit.                         Dec. 15-Jan. 15.
    Unit 9D--1 bull by Federal registration       Dec. 15-Jan. 20.
     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 registration         Sep. 1-25.
     permit; however, only antlered bulls may be  Dec. 1-Jan. 31.
     taken Dec. 1-Jan. 31.
Beaver: Unit 9B and 9E--2 beaver per day........  Apr. 15-May 31.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White): No limit..........  Dec. 1-Mar. 15.
Fox, Red (including Cross, Black and Silver       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare:...........................................
    Snowshoe hare: No limit.....................  July 1-June 30.
    Alaska hare: 1 per day, 4 per season........  Nov. 1-Mar. 31.
Lynx: 2 lynx....................................  Nov. 10-Feb. 28.
Wolf: 10 wolves.................................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in possession...  Aug. 10-Apr. 30.
Ptarmigan (Rock, Willow, and White-tailed): 10    Aug. 10-last day of
 per day, 20 in possession.                        Feb.
------------------------------------------------------------------------

[[Page 288]]

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

    (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. 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 through 
December 31 or May 10 through 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.

                      Table 10 to Paragraph (n)(10)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Caribou:
    Unit 10, Unimak Island only--1 bull by        Aug. 1-Sep. 30.
     Federal registration permit.
    Unit 10, remainder--No limit................  July 1-June 30.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit....  July 1-June 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Wolf: 5 wolves..................................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per day, 40 in    Aug. 10-Apr. 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit....  July 1-June 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Feb. 28.
 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

[[Page 289]]

Suslota Creek with the Slana River and Miles Glacier.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black and brown bear between April 15 
and June 15.
    (B) One moose without calf may be taken from June 20 through July 31 
in the Wrangell-St. Elias National Park and Preserve in Unit 11 or Unit 
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.
    (C) For federally qualified subsistence users living within the 
Ahtna traditional communities of Chistochina, Chitina, Copper Center, 
Gakona, Gulkana, Mentasta Lake, and Tazlina, a community harvest system 
for moose is authorized on Federal public lands within Unit 11, subject 
to the framework established by the Federal Subsistence Board.
    (1) The boundaries of the communities are the most recent Census 
Designated Places as defined by the U.S. Census Bureau.
    (2) Participants in the community harvest system may not designate 
another individual to harvest on their behalf any species for which they 
register within the community harvest system but may serve as a 
designated hunter, pursuant to 50 CFR 100.25(e).
    (3) Community harvest limit for the species authorized in the 
community harvest system is the sum of individual harvest limits of the 
participants in the system.
    (4) Harvest reporting will take the form of reports collected from 
hunters by the Ahtna Intertribal Resource Commission and submitted 
directly to land managers and the Office of Subsistence Management, 
rather than through Federal registration permits, joint State/Federal 
registration permits, or State harvest tickets.
    (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.

                      Table 11 to Paragraph (n)(11)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: 1 bear..............................  Aug. 10-June 15.
Caribou: 1 bull by Federal registration permit..  May be announced.
Sheep:
    1 ram.......................................  Aug. 10-Sep. 20.
    1 sheep by Federal registration permit only   Aug. 1-Oct. 20.
     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 Wrangell-    Aug. 25-Dec. 31.
     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 Wrangell-St.    Aug. 10-Dec. 31.
     Elias National Park and Preserve--1 goat by
     Federal registration permit only.
    Unit 11, that portion outside of the          No open season.
     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 into the east  Aug. 20-Sep. 20.
     bank of the Copper River upstream from and
     including the Slana River drainage--1
     antlered bull by joint Federal/State
     registration permit.

[[Page 290]]

 
    Unit 11, that portion south and east of a     Aug. 20-Sep. 20.
     line running along the north bank of the     Nov. 20-Jan. 20.
     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-Sep. 20, only an
     antlered bull may be taken.
    Unit 11, remainder--1 antlered bull by        Aug. 20-Sep. 20.
     Federal registration permit only.
Muskrat: No limit...............................  Sep. 20-June 10.
Beaver: 1 beaver per day, 1 in possession.......  June 1-Oct. 10.
Coyote: 10 coyotes..............................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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..........................  Sep. 1-Feb. 28.
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Mar. 31.
 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Mar. 31.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Sep. 25-May 31.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 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 and brown 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 through 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.
    (D) A community harvest system for caribou and moose is authorized 
on Federal public lands in Unit 12 within the Tok and Little Tok River 
drainages south of the Tok River bridge and east of the Tok Cutoff Road, 
and within the Nabesna River drainage west of the east bank of the 
Nabesna River upstream from the southern boundary of Tetlin National 
Wildlife Refuge and that portion of Unit 12 that is east of the Nabesna 
River and south of the Pickerel Lake Winter Trail running southeast from 
Pickerel Lake to the Canadian border. This community harvest system is 
for federally qualified subsistence users living within the Ahtna 
traditional communities of Chistochina, Chitina, Copper Center, Gakona, 
Gulkana, Mentasta Lake, and Tazlina and is subject to the framework 
established by the Federal Subsistence Board.
    (1) The boundaries of the communities are the most recent Census 
Designated Places as defined by the U.S. Census Bureau.

[[Page 291]]

    (2) Participants in the community harvest system may not designate 
another individual to harvest on their behalf any species for which they 
register within the community harvest system but may serve as a 
designated hunter, pursuant to 50 CFR 100.25(e).
    (3) The community harvest limit for the species authorized in the 
community harvest system is the sum of individual harvest limits of the 
participants in the system.
    (4) Harvest reporting will take the form of reports collected from 
hunters by the Ahtna Intertribal Resource Commission and submitted 
directly to the land managers and the Office of Subsistence Management, 
rather than through Federal registration permits, joint State/Federal 
registration permits, or State harvest tickets.
    (5) Participants must abide by customary and traditional use 
determinations.
    (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.

                      Table 12 to Paragraph (n)(12)
------------------------------------------------------------------------
                 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 Wrangell-    No open season.
     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 the Nabesna     Aug. 10-Sep. 30.
     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 federally
     qualified subsistence users hunting under
     these regulations.
    Unit 12, remainder--1 bull..................  Sep. 1-20.
    Unit 12, remainder--1 caribou may be taken    Winter season to be
     by a Federal registration permit during a     announced.
     winter season to be announced. Dates for a
     winter season to occur between Oct. 1 and
     Apr. 30, and sex of the animals to be taken
     will be announced by the Tetlin National
     Wildlife Refuge Manager in consultation
     with the 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 larger horn  Aug. 10-Sep. 20.
    Unit 12, that portion within Wrangell-St.     Aug. 1-Oct. 20.
     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 Tetlin       Aug. 24-Sep. 20.
     National Wildlife Refuge and those lands     Nov. 1-Feb. 28.
     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 the Nabesna     Aug. 24-Sep. 30.
     River and Nabesna Glacier, and south of the
     Winter Trail running southeast from
     Pickerel Lake to the Canadian border--1
     antlered bull.
    Unit 12, that portion within the Nabesna      Aug. 20-Sep. 20.
     River drainage west of the east bank of the
     Nabesna River upstream from the southern
     boundary of Tetlin National Wildlife
     Refuge--1 antlered bull by joint Federal/
     State registration permit only.
    Unit 12, remainder--1 bull..................  Aug. 24-28.
                                                  Sep. 8-20.
Beaver: Unit 12, Wrangell-St. Elias National      Sep. 20-May 15.
 Park and Preserve--6 beaver per season. Meat
 from harvested beaver must be salvaged for
 human consumption.
Coyote: 10 coyotes..............................  Aug. 10-Apr. 30.

[[Page 292]]

 
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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..........................  Sep. 1-Mar. 31
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Mar. 31.
 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Apr. 30.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit. Hide or meat must be salvaged.  Sep. 15-Jun 10.
 Traps, snares, bow and arrow, or firearms may
 be used.
Coyote: No limit................................  Oct. 15-Apr. 30.
Fox, Red (including Cross, Black and Silver       Nov. 1-Feb. 28.
 Phases): No limit.
Lynx: No limit..................................  Nov. 1-Mar. 15.
Marten: No limit................................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.......................  Nov. 1-Feb. 28.
Muskrat: No limit...............................  Sep. 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

[[Page 293]]

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.
    (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 this paragraph (n)(13) 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 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 through 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 through Sep. 30 or 
Oct. 21 through Mar. 31 by Federal registration permit for the Hudson 
Lake Residential Treatment Camp. Additionally, 1 bull moose

[[Page 294]]

may be taken Aug. 1 through Sep. 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) A community harvest system for caribou and moose is authorized 
on Federal public lands within Unit 13, subject to the framework 
established by the Federal Subsistence Board, for federally qualified 
subsistence users living within the Ahtna traditional communities of 
Cantwell, Chistochina, Chitina, Copper Center, Gakona, Gulkana, Mentasta 
Lake, and Tazlina.
    (1) The boundaries of the communities are the most recent Census 
Designated Places as defined by the U.S. Census Bureau.
    (2) Participants in the community harvest system may not designate 
another individual to harvest on their behalf any species for which they 
register within the community harvest system but may serve as a 
designated hunter, pursuant to 50 CFR 100.25(e).
    (3) The community harvest limit for the species authorized in the 
community harvest system is the sum of individual harvest limits of the 
participants in the system.
    (4) Harvest reporting will take the form of reports collected from 
hunters by the Ahtna Intertribal Resource Commission and submitted 
directly to the land managers and the Office of Subsistence Management, 
rather than through Federal registration permits, joint State/Federal 
registration permits, or State harvest tickets.

                      Table 13 to Paragraph (n)(13)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: 1 bear. Bears taken within Denali     Aug. 10-May 31.
 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:
    Units 13A and 13B--2 caribou by Federal       Aug. 1-Sep. 30.
     registration permit only. The sex of         Oct. 21-Mar. 31.
     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 Federal        Aug. 1-Sep. 30.
     registration permit only.                    Oct. 21-Mar. 31.
Sheep: Unit 13, excluding Unit 13D and the Tok    Aug. 10-Sep. 20.
 Management Area and Delta Controlled Use Area--
 1 ram with \7/8\ curl or larger horn.
Moose:
    Unit 13E--1 antlered bull moose by Federal    Aug. 1-Sep. 20.
     registration permit only; only 1 permit
     will be issued per household.
    Unit 13, remainder--1 antlered bull moose by  Aug. 1-Sep. 20.
     Federal registration permit only.
Beaver: 1 beaver per day, 1 in possession.......  June 15-Sep. 10.
Coyote: 10 coyotes..............................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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..........................  Sep. 1-Feb. 28.
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Mar. 31.
 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Mar. 31.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Sep. 25-May 31.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 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...............................  Sep. 25-June 10.
Otter: No limit.................................  Nov. 10-Mar. 31.
Wolf: No limit..................................  Oct. 15-Apr. 30.
Wolverine: No limit.............................  Nov. 10-Feb. 28.
------------------------------------------------------------------------


[[Page 295]]

    (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 northern side of Knik Glacier to the 
Unit 6 boundary;
    (B) Unit 14B consists of that portion of Unit 14 north of Unit 14A; 
and
    (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; and
    (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:

                      Table 14 to Paragraph (n)(14)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: Unit 14C--1 bear....................  July 1-June 30.
Beaver: Unit 14C--1 beaver per day, 1 in          May 15-Oct. 31.
 possession.
Coyote: Unit 14C--2 coyotes.....................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Nov. 1-Feb. 15.
 Phases): Unit 14C--2 foxes.
Hare (Snowshoe): Unit 14C--5 hares per day......  Sep. 8-Apr. 30.
Lynx: Unit 14C--2 lynx..........................  Dec. 1-Jan. 31.
Wolf: Unit 14C--5 wolves........................  Aug. 10-Apr. 30.
Wolverine: Unit 14C--1 wolverine................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): Unit 14C--5 per day,  Sep. 8-Mar. 31.
 10 in possession.
Ptarmigan (Rock, Willow, and White-tailed): Unit  Sep. 8-Mar. 31.
 14C--10 per day, 20 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 14C, that portion within the         Dec. 1-Apr. 15.
 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 Silver       Nov. 10-Feb. 28.
 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

[[Page 296]]

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; and
    (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 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; and
    (D) You may not take red fox in Unit 15 by any means other than a 
steel trap or snare.

                      Table 15 to Paragraph (n)(15)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:
    Units 15A and 15B--2 bears by Federal         July 1-June 30.
     registration permit.
    Unit 15C--3 bears...........................  July 1-June 30.
Brown Bear: Unit 15--1 bear every 4 regulatory    Sep. 1-Nov. 30, to be
 years by Federal registration permit. The         announced and Apr. 1-
 season may be opened or closed by announcement    June 15, to be
 from the Kenai National Wildlife Refuge Manager   announced.
 after consultation with ADF&G and the Chair of
 the Southcentral Alaska Subsistence Regional
 Advisory Council.
Caribou:
    Unit 15B, within the Kenai National Wildlife  Aug. 10-Sep. 20.
     Refuge Wilderness Area--1 caribou by
     Federal drawing permit.
    Unit 15C, north of the Fox River and east of  Aug. 10-Sep. 20.
     Windy Lake--1 caribou by Federal drawing
     permit.
    Unit 15, remainder..........................  No open season.
Goat: 1 goat by Federal drawing permit. Kids or   Aug. 10-Nov. 14.
 nannies accompanied by kids may not be taken.
Moose:
    Unit 15A--Skilak Loop Wildlife Management     No open season.
     Area.
    Units 15A remainder, 15B, and 15C--1          Aug. 20-Sep. 25.
     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 bull with       Oct. 20-Nov. 10.
     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 registration       Aug. 20-Sep. 25.
     permit only.
Sheep: 1 ram with \3/4\ curl horn or larger by    Aug 10-Sep. 20.
 Federal drawing permit.
Coyote: No limit................................  Sep. 1-Apr. 30.
Hare (Snowshoe): No limit.......................  July 1-June 30.
Lynx: 2 lynx....................................  Nov. 10-Jan. 31.
Wolf:
    Unit 15, that portion within the Kenai        Aug. 10-Apr. 30.
     National Wildlife Refuge--2 wolves.
    Unit 15, remainder--5 wolves................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.

[[Page 297]]

 
Grouse (Spruce): 15 per day, 30 in possession...  Aug. 10-Mar. 31.
Grouse (Ruffed).................................  No open season.
Ptarmigan (Rock, Willow, and White-tailed):
    Unit 15A and 15B--20 per day, 40 in           Aug. 10-Mar. 31.
     possession.
    Unit 15C--20 per day, 40 in possession......  Aug. 10-Dec. 31.
    Unit 15C--5 per day, 10 in possession.......  Jan. 1-Mar. 31.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 beaver per season....................  Nov. 10-Mar. 31.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 Phases): 1 Fox.
Lynx: No limit..................................  Jan. 1-31.
Marten:
    Unit 15B, that portion east of the Kenai      No open season.
     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:
    (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; and
    (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 this paragraph (n)(16) 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]

                      Table 16 to Paragraph (n)(16)
------------------------------------------------------------------------
                 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 south and     Sep. 1-15.
     west of, and including the Kustatan River
     drainage--1 bull.
    Unit 16B, Denali National Preserve only--1    Sep. 1-30.
     bull by Federal registration permit. One     Dec. 1-Feb. 28.
     Federal registration permit for moose
     issued per household.
    Unit 16B, remainder--1 bull.................  Sep. 1-30.
                                                  Dec. 1-Feb. 28.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): No limit.......................  July 1-June 30.
Lynx: 2 lynx....................................  Dec. 1-Jan. 31.
Wolf: 5 wolves..................................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30 in     Aug. 10-Mar. 31.
 possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Mar. 31.
 per day, 40 in possession.
------------------------------------------------------------------------

[[Page 298]]

 
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Oct. 10-May 15.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Feb. 28.
 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-June 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; and
    (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, bear, 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 through 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 in Unit 17 from April 15 through May 31. You may not take beaver 
with a firearm under a trapping license on National Park Service lands.
    (D) In Unit 17, a snowmachine may be used to assist in the taking of 
a caribou, and caribou may be shot from a stationary snowmachine. 
``Assist in the taking of a caribou'' means a snowmachine may be used to 
approach within 300 yards of a caribou at speeds under 15 miles per 
hour, in a manner that does not involve repeated approaches or that 
causes a caribou to run. A snowmachine may not be used to contact an 
animal or to pursue a fleeing caribou.

                      Table 17 to Paragraph (n)(17)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears.............................  Aug. 1-May 31.
Brown Bear: Unit 17--1 bear by State              Sep. 1-May 31.
 registration permit only.
Caribou: Unit 17A, all drainages west of Right    Season may be
 Hand Point--up to 2 caribou by State              announced between
 registration permit.                              Aug. 1-Mar. 31.
    Units 17A and 17C, that portion of 17A and    Aug. 1-Mar. 31.
     17C consisting of the Nushagak Peninsula
     south of the Igushik River, Tuklung River
     and Tuklung Hills, west to Tvativak Bay--up
     to 5 caribou by Federal registration permit.
    Public lands are closed to the taking of
     caribou except by federally qualified users
     unless the population estimate exceeds 900
     caribou.

[[Page 299]]

 
    Units 17A, remainder and 17C, remainder--     Season may be
     selected drainages; a harvest limit of up     announced between
     to 2 caribou by State registration permit     Aug. 1 and Mar. 31.
     will be determined at the time the season
     is announced.
    Units 17B and 17C, that portion of 17C east   Season may be
     of the Wood River and Wood River Lakes--up    announced between
     to 2 caribou by State registration permit.    Aug. 1-Mar. 31.
Sheep: 1 ram with full curl or larger horn......  Aug. 10-Sep. 20.
Moose: Unit 17A--1 bull by State registration     Aug. 25-Sep. 25.
 permit; or.
    1 antlerless moose by State registration      Aug. 25-Sep. 25.
     permit; or.
    Unit 17A--up to 2 moose; one antlered bull    Up to a 31-day season
     by State registration permit, one             may be announced
     antlerless moose by State registration        between Dec. 1 and
     permit.                                       the last day of Feb.
    Units 17B and 17C--one bull.................  Aug. 20-Sep. 15. Dec.
                                                   1-31.
    During the period Aug. 20-Sep. 15--one bull
     by State registration permit; or
    During the period Sep. 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...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit....  Dec. 1-Mar. 15.
Fox, Red (including Cross, Black and Silver       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare:
    Snowshoe hare: No limit.....................  July 1-June 30.
    Alaska hare: 1 per day, 4 per season........  Nov. 1-Mar. 31.
Lynx: 2 lynx....................................  Nov. 10-Feb. 28.
Wolf: 10 wolves.................................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30 in     Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow): 20 per day, 40 in    Aug. 10-Apr. 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 17--No limit.......................  Oct. 10-Mar. 31.
    Unit 17--2 beaver per day. Only firearms may  Apr. 15-May 31.
     be used.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No limit....  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Mar. 31.
 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 westerly and downstream from a line starting 
at the downriver boundary of Paimiut on the north bank of the Yukon 
River then south across the Yukon River to the northern terminus of the 
Paimiut Portage, then south along the Paimiut Portage to its 
intersection with Arhymot Lake, then south along the northern and 
western bank of Arhymot Lake to the outlet at Crooked Creek (locally 
known as Johnson River), then along the south bank of Crooked Creek 
downstream to the northern terminus of Crooked Creek to the Yukon-
Kuskokwim Portage (locally known as the Mud Creek Tramway), then along 
the west side of the tramway to Mud Creek, then along the westerly bank 
of Mud Creek downstream to an unnamed slough of the Kuskokwim River 
(locally known as First Slough or Kalskag Slough), then along the west 
bank of this unnamed slough downstream to its confluence with the 
Kuskokwim River, then southeast across the Kuskokwim River to its 
southerly bank, then along the south bank of the Kuskokwim River upriver 
to the confluence of a Kuskokwim River slough locally known as Old 
River, then across Old River to the downriver terminus of the island 
formed by Old River and the

[[Page 300]]

Kuskokwim River, then along the north bank of the main channel of Old 
River to Igyalleq Creek (Whitefish Creek), then along the south and west 
bank of Igyalleq Creek to Whitefish Lake, then directly across Whitefish 
Lake to Ophir Creek, then along the west bank of Ophir Creek to its 
headwaters at 61[deg]10.22[min] N lat., 159[deg] 46.05[sec] W long., and 
the drainages flowing into the Bering Sea from Cape Newenham on the 
south to and including the Pastolik River drainage on the north; 
Nunivak, St. Matthews, and adjacent islands between Cape Newenham and 
the Pastolik River, and all seaward waters and lands within 3 miles of 
these coastlines.
    (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 April 1 through June 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 caliber 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.
    (G) You may use artificial light when taking a bear at a den site.

                      Table 18 to Paragraph (n)(18)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: 1 bear by State registration permit   Sep. 1-May 31.
 only.
Caribou:
    Unit 18, that portion to the east and south   Season may be
     of the Kuskokwim River--up to 2 caribou by    announced between
     State registration permit.                    Aug. 1-Mar. 15.
    Unit 18, remainder--up to 2 caribou by State  Season may be
     registration permit.                          announced between
                                                   Aug. 1-Mar. 15.
Moose: Unit 18, that portion east of a line       Sep. 1-Oct. 15.
 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[sec]
 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
 during the fall season.
Or
    1 antlered bull by Federal registration       May be announced
     permit during a may-be-announced winter       between Dec. 1-Jan.
     season.                                       31.

[[Page 301]]

 
    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 the Eek River drainage and  Sep. 1-30.
     north of the Goodnews River drainage--1
     antlered bull by State registration permit.
    Unit 18, Goodnews River drainage and south    Sep. 1-30.
     to the Unit 18 boundary--1 antlered bull by
     State registration permit.
or
    1 moose by State registration permit........  A season may be
                                                   announced between
                                                   Dec. 1 and the last
                                                   day of Feb.
    Unit 18, remainder--3 moose, only one of      Aug. 1-Apr. 30.
     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...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2 foxes.....  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare:
Snowshoe hare: No limit.........................  July 1-June 30.
Alaska hare: 2 per day, 6 per season............  Aug. 1-May 31.
Lynx: 5 lynx....................................  Aug. 10-Apr. 30.
Wolf: 10 wolves.................................  Aug. 10-Apr. 30.
Wolverine: 2 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30 in     Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow): 15 per day, 30 in    Aug. 10-May 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  July 1-June 30.
Coyote: No limit................................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No limit....  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 10-Mar. 31.
 Phases): No limit.
Lynx: No limit..................................  Nov. 10-Mar. 31.
Marten: No limit................................  Nov. 10-Mar. 31.
Mink and Weasel: No limit.......................  Nov. 10-Mar. 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, excluding the drainages of Arhymot Lake, from a line starting 
at the outlet of Arhymot Lake at Crooked Creek (locally known as Johnson 
River), then along the south bank of Crooked Creek downstream to the 
northern terminus of Crooked Creek to the Yukon- Kuskokwim Portage 
(locally known as the Mud Creek Tramway), then along the west side of 
the tramway to Mud Creek, then along the westerly bank of Mud Creek 
downstream to an unnamed slough of the Kuskokwim River (locally known as 
First Slough or Kalskag Slough), then along the west bank of this 
unnamed slough downstream to its confluence with the Kuskokwim River, 
then southeast across the Kuskokwim River to its southerly bank, then 
along the south bank of the Kuskokwim River upriver to the confluence of 
a Kuskokwim River slough locally known as Old River, then across Old 
River to the downriver terminus of the island formed by Old River and 
the Kuskokwim River, then along the north bank of the main channel of 
Old River to Igyalleq Creek (Whitefish Creek), then along the south and 
west bank of Igyalleq Creek to Whitefish Lake, then directly across 
Whitefish Lake to Ophir Creek then along the west bank of Ophir Creek to 
its headwaters at 61[deg]10.22[min] N lat., 159[deg]46.05[sec] W long.:
    (A) Unit 19A consists of the Kuskokwim River drainage downstream 
from and including the Moose Creek drainage on the north bank and

[[Page 302]]

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; and
    (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 this paragraph (n)(19) 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 Units 19A and 19B downstream of and 
including the Aniak River drainage if you have obtained a State 
registration permit prior to hunting.
    (C) In Unit 19C, individual residents of Nikolai may harvest sheep 
during the Aug. 10 to Sep. 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.

                      Table 19 to Paragraph (n)(19)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: Units 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.
    Units 19A, remainder, 19B, remainder, and     Aug. 10-June 30.
     Unit 19D--1 bear.
Caribou: Units 19A and 19B (excluding rural       Season may be
 Alaska residents of Lime Village)--up to 2        announced between
 caribou by State registration permit.             Aug. 1-Mar. 15.
    Unit 19C--1 caribou.........................  Aug. 10-Oct. 10.
    Unit 19D, south and east of the Kuskokwim     Aug. 10-Sep. 30. Nov.
     River and North Fork of the Kuskokwim         1-Jan. 31.
     River--1 caribou.
    Unit 19D, remainder--1 caribou..............  Aug. 10-Sep. 30.

[[Page 303]]

 
    Unit 19, residents domiciled in Lime Village  July 1-June 30.
     only--no individual harvest limit but a
     village harvest quota of 200 caribou; cows
     and calves may not be taken from Apr. 1
     through Aug. 9. Reporting will be by a
     community reporting system..
Sheep: 1 ram with 7 8 curl horn or larger.......  Aug. 10-Sep. 20.
    Unit 19C, that portion within the Denali      Oct. 1-Mar. 30.
     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 Village only--  July 1-June 30.
 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, Lime Village Management Area--2     Aug. 10-Sep. 25. Nov.
     bulls by State or Federal registration        20-Mar 31.
     permit.
    Unit 19A, north of the Kuskokwim River,       Sep. 1-5.
     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--1 antlered
     bull by State registration permit available
     in Sleetmute and Stoney River on July 24.
     Permits issued on a first come, first
     served basis (number of permits to be
     announced annually)..
    Unit 19A, remainder--1 antlered bull by       Sep. 1-20.
     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.
    Unit 19B--1 bull with spike-fork or 50-inch   Sep. 1-20.
     antlers or antlers with 4 or more brow
     tines on one side.
    Unit 19C--1 antlered bull...................  Sep. 1-20.
    Unit 19C--1 bull by State registration        Jan. 15-Feb. 15.
     permit.
    Unit 19D, that portion of the Upper           Sep. 1-30.
     Kuskokwim Controlled Use Area within the
     North Fork drainage upstream from the
     confluence of the South Fork to the mouth
     of the Swift Fork--1 antlered bull.
    Unit 19D, remainder of the Upper Kuskokwim    Sep. 1-30. Dec. 1-Feb.
     Controlled Use Area--1 bull.                  28.
    Unit 19D, remainder--1 antlered bull........  Sep. 1-30. Dec. 1-15.
Coyote: 10 coyotes..............................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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..........................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Apr. 30.
 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Apr. 30.
 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 Silver       Nov. 1-Mar. 31.
 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

[[Page 304]]

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 this paragraph (n)(20) 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 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

[[Page 305]]

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 hunt moose only 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 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.

                      Table 20 to Paragraph (n)(20)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: Unit 20A--1 bear....................  Sep. 1-May 31.
    Unit 20E--1 bear............................  Aug. 10-June 30.
    Unit 20, remainder--1 bear..................  Sep. 1-May 31.

[[Page 306]]

 
Caribou: Unit 20E--up to 3 caribou, to be         Fall season between
 announced, by a joint State/Federal               Aug. 1 and Sep. 30,
 registration permit.                              to be announced.
                                                   Winter season between
                                                   Oct. 21 and Mar. 31,
                                                   to be announced.
    Unit 20F, north of the Yukon River--1         Aug. 10-Mar. 31.
     caribou.
    Unit 20F, east of the Dalton Highway and      Fall season between
     south of the Yukon River--up to 3 caribou,    Aug. 1 and Sep. 30,
     to be announced, by a joint State/Federal     to be announced.
     registration permit.                          Winter season between
                                                   Oct. 21 and Mar. 31,
                                                   to be announced.
Moose: Unit 20A--1 antlered bull................  Sep. 1-20.
    Unit 20B--1 antlered bull...................  Sep. 1-20.
    Unit 20C, that portion within Denali          Sep. 1-30. Nov. 15-
     National Park and Preserve west of the        Dec. 15.
     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 bull;         Sep. 1-30.
     however, white-phased or partial albino
     (more than 50 percent white) moose may not
     be taken.
    Unit 20E, that portion within Yukon-Charley   Aug. 20-Sep. 30.
     Rivers National Preserve--1 bull.
    Unit 20E, that portion drained by the Middle  Aug. 20-Sep. 30.
     Fork of the Fortymile River upstream from
     and including the Joseph Creek drainage--1
     bull.
    Unit 20E, remainder--1 bull by joint Federal/ Aug. 20-Sep. 30.
     State registration permit.
    Unit 20F, that portion within the Dalton      Sep. 1-25.
     Highway Corridor Management Area--1
     antlered bull by Federal registration
     permit only.
    Unit 20F, remainder--1 antlered bull........  Sep. 1-30. Dec. 1-10.
Sheep: Unit 20E--1 ram with full-curl horn or     Aug. 10-Sep. 20.
 larger.
    Unit 20, remainder..........................  No open season.
Beaver: Unit 20E--Yukon-Charley Rivers National   Sep. 20-May 15.
 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 Silver       Sep. 1-Mar. 15.
 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: Units 20A, 20B, and that portion of 20C     Dec. 1-Jan. 31.
 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 Yukon-     Sep. 20-June 10.
 Charley Rivers National Preserve--No limit.
    Unit 20C, that portion within Denali          Nov. 1-June 10.
     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 Denali          Aug. 10-Oct. 31. Nov.
     National Park and Preserve--1 wolf during     1-Apr. 30.
     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..........................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed): Units  Aug. 10-Mar. 31.
 20A, 20B, 20C, 20E, and 20F--15 per day, 30 in
 possession.
Ptarmigan (Rock and Willow): Unit 20, those       Aug. 10-Mar. 31.
 portions within 5 miles of Alaska Route 5
 (Taylor Highway, both to Eagle and the Alaska-
 Canada boundary) and that portion of Alaska
 Route 4 (Richardson Highway) south of Delta
 Junction--20 per day, 40 in possession.
    Unit 20, remainder--20 per day, 40 in         Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Units 20A, 20B, 20C, and 20F--No limit..  Nov. 1-Apr. 15.
    Unit 20E--No limit. Hide or meat must be      Sep. 15-June 10.
     salvaged. Traps, snares, bow and arrow, or
     firearms may be used.
Coyote: Unit 20E--No limit......................  Oct. 15-Apr. 30.
    Unit 20, remainder--No limit................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 1-Feb. 28.
 Phases): No limit.
Lynx: Unit 20A, 20B, and 20C east of the          Dec. 15-Feb. 15.
 Teklanika River--No limit.
    Unit 20E--No limit..........................  Nov. 1-Mar. 15.
    Unit 20F and 20C, remainder--No limit.......  Nov. 1-Feb. 28.
Marten: No limit................................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.......................  Nov. 1-Feb. 28.
Muskrat: Unit 20E--No limit.....................  Sep. 20-June 10.
    Unit 20, remainder--No limit................  Nov. 1-June 10.
Otter: No limit.................................  Nov. 1-Apr. 15.
Wolf: Units 20A, 20B, 20C, and 20F--No limit....  Nov. 1-Apr. 30.

[[Page 307]]

 
    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 
and Arhymot Lake upstream from a line starting at the downriver boundary 
of Paimiut on the north bank of the Yukon River then south across the 
Yukon River to the northern terminus of the Paimiut Portage, then south 
along the Portage to its intersection with Arhymot Lake, then south 
along the northern and western bank of Arhymot Lake to the outlet at 
Crooked Creek (locally known as Johnson River) drainage then 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 that portion of Unit 21 in the Yukon River 
and Arhymot Lake drainages upstream from a line starting at the 
downriver boundary of Paimiut on the north bank of the Yukon River, then 
south across the Yukon River to the northern terminus of the Paimiut 
Portage, then south along the Portage to its intersection with Arhymot 
Lake, then along the northern and western bank of Arhymot Lake to the 
outlet at Crooked Creek (locally known as Johnson River) drainage, then 
to, but not including, the Blackburn Creek drainage, and the Innoko 
River drainage downstream from the Iditarod River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Koyukuk Controlled Use Area, which consists of those 
portions of Units 21 and 24 bounded by a line from the north bank of the 
Yukon River at Koyukuk at 64[deg]52.58[min] N lat., 157[deg]43.10[sec] 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[sec] W long., then 
northeasterly to the confluences of Billy Hawk Creek and the Huslia 
River (65[deg]57[min] N lat., 156[deg]41[sec] W long.) at 
65[deg]56.66[min] N lat., 156[deg]40.81[sec] 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[sec] 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[sec] W long., then southwesterly to the crest of 
Hochandochtla Mountain at 65[deg]31.87[min] N lat., 154[deg]52.18[sec] W 
long., then southwest to the mouth of Cottonwood Creek at 
65[deg]3.00[min] N lat., 156[deg]06.43[sec] W long., then southwest to 
Bishop Rock (Yistletaw) at 64[deg]49.35[min] N lat., 157[deg]21.73[sec] 
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

[[Page 308]]

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 through 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. 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.

                      Table 21 to Paragraph (n)(21)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear:
    Unit 21D--1 bear by State registration        Aug. 10-June 30.
     permit only.
    Unit 21, remainder--1 bear..................  Aug. 10-June 30.
Caribou:
    Unit 21A--1 caribou.........................  Aug. 10-Sep. 30. Dec.
                                                   10-20.
    Unit 21B, that portion north of the Yukon     No open season.
     River and downstream from Ukawutni Creek.
    Unit 21C, the Dulbi and Melozitna River       No open season.
     drainages downstream from Big Creek.
    Unit 21B, remainder, Unit 21C, remainder,     Aug. 10-Sep. 30.
     and Unit 21E--1 caribou.
    Unit 21D, north of the Yukon River and east   Winter season to be
     of the Koyukuk River--caribou may be taken    announced.
     during a winter season to be announced.
    Unit 21D, remainder--5 caribou per day, as
     follows: Calves may not be taken.
    Bulls may be harvested......................  July 1-Oct. 14. Feb. 1-
                                                   June 30.

[[Page 309]]

 
    Cows may be harvested.......................  Sep. 1-Mar. 31.
Moose:
    Unit 21B, that portion within the Nowitna     Sep. 5-Oct. 1.
     National Wildlife Refuge downstream from
     and including the Little Mud River
     drainage--1 bull. A State registration
     permit is required Sep. 5-25. A Federal
     registration permit is required Sep. 26-
     Oct. 1.
    Unit 21B, that portion within the Nowitna     Five-day season to be
     National Wildlife Refuge downstream from      announced between
     and including the Little Mud River            Dec. 1 and Mar. 31.
     drainage--1 antlered bull. A Federal
     registration permit is required during the
     5-day season and will be limited to one per
     household.
    Units 21A and 21B, remainder--1 bull........  Aug. 20-Sep. 25. Nov.
                                                   1-30.
    Unit 21C--1 antlered bull...................  Sep. 5-25.
    Unit 21D, Koyukuk Controlled Use Area--1      Sep. 1-25. Mar. 1-5
     bull by State registration permit; 1          season to be
     antlerless moose by Federal permit if         announced.
     authorized by announcement by the Koyukuk/
     Nowitna/Innoko 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 permit, if there   Apr. 10-15 season to
     is no Mar. 1-5 season and if authorized by    be announced.
     announcement by the Koyukuk/Nowitna/Innoko
     NWR manager and BLM Central Yukon field
     office manager.
    Unit 21D, that portion south of the south     Aug. 22-31.
     bank of the Yukon River, downstream of the   Sep. 5-25.
     up-river entrance of Kala Slough and west
     of Kala Creek--1 moose by State
     registration permit.
    Antlerless moose may be taken only during     Mar. 1-31 season may
     Sep. 21-25 season if authorized jointly by    be announced.
     the Koyukuk/Nowitna/Innoko NWR Manager and
     the BLM Central Yukon Field Office Manager.
     Antlerless moose may be harvested during
     any of the winter seasons. Harvest of cow
     moose accompanied by calves is prohibited.
    Unit 21D, remainder--1 moose by State         Aug. 22-31. Sep. 5-25.
     registration permit. Antlerless moose may     Mar. 1-5 season to be
     be taken only during Sep. 21-25 and the       announced.
     Mar. 1-5 season if authorized jointly by
     the Koyukuk/Nowitna/Innoko NWR Manager and
     the BLM Central Yukon Field Office Manager.
     Harvest of cow moose accompanied by calves
     is prohibited. During the Aug. 22-31 and
     Sep. 5-25 seasons, a State registration
     permit is required. During the Mar. 1-5
     season, a Federal registration permit is
     required.
    Unit 21E--1 moose; however, only bulls may    Aug. 25-Sep. 30.
     be taken Aug. 25-Sep. 30.
    During the Feb. 15-Mar. 15 season, a Federal  Feb. 15-Mar. 15.
     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 Rivers 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 Silver       Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No limit............  July 1-June 30.
Lynx: 2 lynx....................................  Nov. 1-Feb. 28.
Wolf: 5 wolves..................................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Apr. 30.
 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Apr. 30.
 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 Silver       Nov. 1-Feb. 28.
 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,

[[Page 310]]

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 occur only 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. 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 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.

                      Table 22 to Paragraph (n)(22)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:
    Units 22A and 22B--3 bears..................  July 1-June 30.
    Unit 22, remainder..........................  No open season.
Brown Bear:
    Units 22A, 22D remainder, and 22E--1 bear by  Aug. 1-May 31.
     State registration permit only.
    Unit 22B--2 bears by State registration       Aug. 1-May 31.
     permit.
    Unit 22C--1 bear by State registration        Aug. 1-Oct. 31.
     permit only.                                 Apr. 1-May 31.

[[Page 311]]

 
    Unit 22D, that portion west of the Tisuk      July 1-June 30.
     River drainage, west of the west bank of
     the unnamed creek originating at the Unit
     boundary opposite the headwaters of
     McAdam's Creek and west of the west bank of
     Canyon Creek to its confluence with Tuksuk
     Channel--2 bears by Federal registration
     permit.
Caribou:
    Unit 22B, that portion west of Golovnin Bay   Oct. 1-Apr. 30. May 1-
     and west of a line along the west bank of     Sep. 30, a season may
     the Fish and Niukluk Rivers to the mouth of   be announced.
     the Libby River, and excluding all portions
     of the Niukluk River drainage upstream from
     and including the Libby River drainage--5
     caribou per day by State registration
     permit. Calves may not be taken.
    Units 22A, that portion north of the          July 1-June 30.
     Golsovia River drainage, 22B remainder,
     that portion of Unit 22D in the Kuzitrin
     River drainage (excluding the Pilgrim River
     drainage), and the Agiapuk River drainages,
     including the tributaries, and Unit 22E,
     that portion east of and including the Tin
     Creek drainage--5 caribou per day by State
     registration permit. Calves may not be
     taken.
    Unit 22A, remainder--5 caribou per day by     July 1-June 30, season
     State registration permit. Calves may not     may be announced.
     be taken.
    Unit 22D, that portion in the Pilgrim River   Oct. 1-Apr. 30.
     drainage--5 caribou per day by State         May 1-Sep. 30, season
     registration permit. Calves may not be        may be announced.
     taken.
    Units 22C, 22D remainder, 22E remainder--5    July 1-June 30, season
     caribou per day by State registration         may be announced.
     permit. Calves may not be taken.
Moose:
    Unit 22A, that portion north of the Egavik    Aug. 1-Sep. 30.
     Creek drainage--1 bull. Federal public
     lands are closed to hunting Sep. 21-Aug. 31
     except by federally qualified users hunting
     under these regulations.
    Unit 22A, that portion in the Unalakleet      Aug. 15-Sep. 14.
     drainage and all drainages flowing into
     Norton Sound north of the Golsovia River
     drainage and south of and including the
     Egavik Creek drainage--1 bull by Federal
     registration permit. Federal public lands
     are closed to the taking of moose except by
     federally qualified users hunting under
     these regulations. The BLM Anchorage Field
     Office is delegated authority to close the
     season in consultation with ADF&G.
    Unit 22A, remainder--1 bull. However, during  Aug. 1-Sep. 30. Jan. 1-
     the period Jan.1-Feb. 15, only an antlered    Feb. 15.
     bull may be taken. Federal public lands are
     closed to the taking of moose, Oct. 1-Aug.
     31, except by federally qualified
     subsistence users.
    Unit 22B, west of the Darby Mountains--1      Sep. 1-14.
     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 Mountains--1      Jan. 1-31.
     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...................  Sep. 1-14.
    Unit 22D, that portion within the Kougarok,   Sep. 1-14.
     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 the Tisuk      Sep. 1-14.
     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 the Tisuk      Dec. 1-31.
     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 by State          Aug. 10-Sep. 14.
     registration permit. Federal public lands
     are closed to the harvest of moose except
     by federally qualified subsistence users.
    Unit 22D, remainder--1 antlered bull by       Season may be
     State registration permit. Federal public     announced, Dec. 1-
     lands are closed to the harvest of moose      Jan. 31.
     except by federally qualified subsistence
     users.
    Unit 22E--1 antlered bull. Federal public     Aug. 1-Mar. 15.
     lands are closed to the taking of moose
     except by federally qualified subsistence
     users hunting under these regulations.
Musk ox:
    Unit 22B--1 bull by Federal permit or State   Aug. 1-Mar. 15.
     permit. Federal public lands are closed to
     the taking of musk ox except by federally
     qualified subsistence users hunting under
     these regulations.

[[Page 312]]

 
    Unit 22D, that portion west of the Tisuk      Sep. 1-Mar. 15.
     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 the Kuzitrin    Aug. 1-Mar. 15.
     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 Federal        Aug. 1-Mar. 15.
     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 permit or State   Aug. 1-Mar. 15.
     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:
    Units 22A, 22B, 22D, and 22E--50 beaver.....  Nov. 1-June 10.
    Unit 22, remainder..........................  No open season.
Coyote..........................................  No open season.
Fox, Arctic (Blue and White Phase): 2 foxes.....  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Nov. 1-Apr. 15.
 Phases): 10 foxes.
Hare:
    Snowshoe hare: No limit.....................  Sep. 1-Apr. 15.
    Alaska hare: 2 per day, 6 per season........  Aug. 1-May 31.
    Lynx: 2 lynx................................  Nov. 1-Apr. 15.
Marten:
    Units 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.........................  Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in possession...  Aug. 10-Apr. 30.
Ptarmigan (Rock and Willow):
    Units 22A and 22B east of and including the   Aug. 10-Apr. 30.
     Niukluk River drainage--40 per day, 80 in
     possession.
    Unit 22E--20 per day, 40 in possession......  July 15-May 15.
    Unit 22, remainder--20 per day, 40 in         Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Units 22A, 22B, 22D, and 22E--50 beaver.....  Nov. 1-June 10.
    Unit 22C....................................  No open season.
Coyote..........................................  No open season.
Fox, Arctic (Blue and White Phase): No limit....  Nov. 1-Apr. 15.
Fox, Red (including Cross, Black and Silver       Nov. 1-Apr. 15.
 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

[[Page 313]]

carriers that normally provide scheduled air service.
    (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 while hunting 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 through June 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. 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. On BLM-managed lands only, a snowmachine may 
be used to position a caribou, wolf, or wolverine 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. 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.

                      Table 23 to Paragraph (n)(23)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear: Unit 23--2 bears by State             July 1-June 30.
 subsistence registration permit.
Caribou:
    Unit 23, that portion which includes all
     drainages north and west of, and including,
     the Singoalik River drainage--5 caribou per
     day by State registration permit as
     follows:.
        Bulls may be harvested..................  July 1-June 30.
        Cows may be harvested. However, cows      July 15-Apr. 30.
         accompanied by calves may not be taken
         July 15-Oct. 14.
    Unit 23, remainder--5 caribou per day by
     State registration permit, as follows:.
        Bulls may be harvested..................  July 1-June 30.
        Cows may be harvested. However, cows      July 31-Mar. 31.
         accompanied by calves may not be taken
         July 31-Oct. 14.
        Federal public lands within a 10-mile-
         wide corridor (5 miles either side)
         along the Noatak River from the western
         boundary of Noatak National Preserve
         upstream to the confluence with the
         Cutler River; within the northern and
         southern boundaries of the Eli and
         Agashashok River drainages,
         respectively; and within the Squirrel
         River drainage are closed to caribou
         hunting except by federally qualified
         subsistence users hunting under these
         regulations..
Sheep:
    Unit 23, south of Rabbit Creek, Kiyak Creek,  May be announced.
     and the Noatak River, and west of the
     Cutler and Redstone Rivers (Baird
     Mountains)--1 sheep by Federal registration
     permit. 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, Kiyak Creek,  May be announced.
     and the Noatak River, and west of the Aniuk
     River (DeLong Mountains)--1 sheep by
     Federal registration permit.
    Unit 23, remainder (Schwatka Mountains)       May be announced.
     except for that portion within Gates of the
     Arctic National Park and Preserve--1 sheep
     by Federal registration permit.
    Unit 23, remainder (Schwatka Mountains),      Aug. 10-Sep. 20.
     that portion within Gates of the Arctic
     National Park and Preserve--1 ram with \7/
     8\ curl or larger horn.

[[Page 314]]

 
    Unit 23, remainder (Schwatka Mountains),      Oct. 1-Apr. 30.
     that portion within Gates of the Arctic
     National Park and Preserve--1 sheep.
Moose:
    Unit 23, that portion north and west of and   July 1-Dec. 31.
     including the Singoalik River drainage, and
     all lands draining into the Kukpuk and
     Ipewik Rivers--1 antlered bull.
        No person may take a calf...............
    Unit 23, remainder--1 antlered bull.........  Aug. 1-Dec. 31.
        No person may take a calf...............
Musk ox:
    Unit 23, south of Kotzebue Sound and west of  Aug. 1-Mar. 15.
     and including the Buckland River drainage--
     1 bull by Federal permit or State permit.
    Federal public lands are closed to the
     taking of musk oxen except by federally
     qualified subsistence users hunting under
     these regulations.
    Unit 23, Cape Krusenstern National Monument-- Aug. 1-Mar. 15.
     1 bull by Federal permit.
    Unit 23, that portion north and west of the   Aug. 1-Mar. 15
     Kobuk River drainage--1 bull by State or
     Federal registration permit.
    Unit 23, remainder..........................  No open season.
Beaver: No limit................................  July 1-June 30.
Coyote: 2 coyotes...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit....  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 Phases): No limit.
Hare:
    Snowshoe hare: No limit.....................  July 1-June 30.
    Alaska hare: 2 per day, 6 per season........  Aug. 1-May 31.
Lynx: 2 lynx....................................  Nov. 1-Apr. 15.
Wolf: 15 wolves.................................  Oct. 1-Apr. 30.
Wolverine: 1 wolverine..........................  Sep. 1-Mar. 31.
Muskrat: No limit...............................  July 1-June 30.
Grouse (Spruce and Ruffed): 15 per day, 30 in     Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock, Willow, and White-tailed): 20    Aug. 10-Apr. 30.
 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  July 1-June 30.
Coyote: No limit................................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase): No limit....  Nov. 1-Apr. 15.
Fox, Red (including Cross, Black and Silver       Nov. 1-Apr. 15.
 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.

[[Page 315]]

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.
    (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 Units 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 N 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

[[Page 316]]

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 Sep. 1-25.
    (B) Arctic fox, incidentally taken with a trap or snare intended for 
red fox, may be used for subsistence purposes.
    (C) If you are a resident of Units 24A, 24B, or 24C, during the 
dates of Oct. 15-Apr. 30, you may use an artificial light when taking a 
black bear, including a sow accompanied by cub(s), at a den site within 
the portions of Gates of the Arctic National Park and Preserve that are 
within Units 24A, 24B, or 24C.

                      Table 24 to Paragraph (n)(24)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear:
    Unit 24B, that portion within Gates of the    Aug. 10-June 30
     Arctic National Park--2 bears by State
     registration permit.
    Unit 24 remainder--1 bear by State            Aug. 10-June 30
     registration permit.
Caribou:
    Unit 24A, that portion south of the south     Aug. 10-Mar. 31.
     bank of the Kanuti River--1 caribou.
    Unit 24B, that portion south of the south     Aug. 10-Mar. 31.
     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.
    Units 24A remainder, 24B remainder--5
     caribou per day as follows:
        Calves may not be taken.
        Bulls may be harvested..................  July 1-Oct. 14. Feb. 1-
                                                   June 30.
        Cows may be harvested...................  July 15-Apr. 30.
    Units 24C, 24D--5 caribou per day as
     follows:
        Calves may not be taken.
        Bulls may be harvested..................  July 1-Oct. 14. Feb. 1-
                                                   June 30.
        Cows may be harvested...................  Sep. 1-Mar. 31.
Sheep:
    Units 24A and 24B (Anaktuvuk Pass residents   July 15-Dec. 31.
     only), that portion within the Gates of the
     Arctic National Park--community harvest
     quota of 60 sheep, no more than 10 of which
     may be ewes, and a daily possession limit
     of 3 sheep per person, no more than 1 of
     which may be a ewe.
    Units 24A and 24B (excluding Anaktuvuk Pass   Aug. 1-Apr. 30.
     residents), that portion within the Gates
     of the Arctic National Park--3 sheep, no
     more than one of which may be a ewe, by
     Federal registration permit only, with
     exception for residents of Alatna and
     Allakaket who will report by a National
     Park Service community harvest system.
    Unit 24A, except that portion within the      Aug. 20-Sep. 30.
     Gates of the Arctic National Park--1 ram by
     Federal registration permit only.
    Unit 24, remainder--1 ram with \7/8\ curl or  Aug. 10-Sep. 20.
     larger horn.
Moose:
    Unit 24A--1 antlered bull by Federal          Aug. 25-Oct. 1.
     registration permit.
    Unit 24B, that portion within the John River  Aug. 1-Dec. 14.
     Drainage--1 moose by State harvest ticket.
                                                  or
    1 antlered bull by State registration permit  Dec. 15-Apr. 15.
    Unit 24B, remainder--1 antlered bull by       Aug. 25-Oct. 1.
     State harvest ticket.
    or                                            or
    1 antlered bull by State registration permit  Dec. 15-Apr. 15.
    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.
    Units 24C and 24D, that portion within the    Sep. 1-25.
     Koyukuk Controlled Use Area and Koyukuk
     National Wildlife Refuge--1 bull.
    1 antlerless moose by Federal permit if       Mar. 1-5 to be
     authorized by announcement by the Koyukuk/    announced.
     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                                            or

[[Page 317]]

 
    1 antlered bull by Federal permit, if there   Apr. 10-15 to be
     is no Mar. 1-5 season and if authorized by    announced.
     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
     March and April 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 24D, remainder-- Aug. 25-Oct. 1.
     1 antlered bull. During the Sep. 5-25
     season, a State registration permit is
     required..
Coyote: 10 coyotes..............................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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 than 5 wolves   Aug. 10-Apr. 30.
 may be taken prior to Nov. 1.
Wolverine: 5 wolverine; however, no more than 1   Sep. 1-Mar. 31.
 wolverine may be taken prior to Nov. 1.
Grouse (Spruce, Ruffed, and Sharp-tailed): 15     Aug. 10-Apr. 30.
 per day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per day, 40 in    Aug. 10-Apr. 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit................................  Nov. 1-June 10.
Coyote: No limit................................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and Silver       Nov. 1-Feb. 28.
 Phases): No limit.
Lynx:
    Unit 24A--no limit..........................  Nov. 1-Mar 31.
    Units 24B, 24C, and 24D--no limit...........  Nov. 1-Feb. 28.
Marten: No limit................................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.......................  Nov. 1-Feb. 28.
Muskrat: No limit...............................  Nov. 1-June 10.
Otter: No limit.................................  Nov. 1-Apr. 15.
Wolf: No limit..................................  Nov. 1-Apr. 30.
Wolverine: No limit.............................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (25) Unit 25. (i) Unit 25 consists of the Yukon River drainage 
upstream from but not including the Hamlin Creek drainage, and excluding 
drainages into the south bank of the Yukon River upstream from the 
Charley River:
    (A) Unit 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

[[Page 318]]

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) 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 two roughly equal drainages; the boundary follows 
the easternmost fork, proceeding almost due north to the headwaters and 
intersects the Continental Divide; the boundary then follows the 
Continental Divide easterly, through Carter Pass, then easterly and 
northeasterly approximately 62 miles along the divide to the 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 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.

                      Table 25 to Paragraph (n)(25)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:
    Units 25A, 25B, and 25C--3 bears or 3 bears   July 1-June 30. July 1-
     by State community harvest permit.            June 30.
    Unit 25D--5 bears...........................  July 1-June 30.
Brown Bear:
    Units 25A and 25B--1 bear...................  Aug. 10-June 30.
    Unit 25C--1 bear............................  Sep. 1-May 31.
    Unit 25D--2 bears every regulatory year.....  July 1-June 30.
Caribou:

[[Page 319]]

 
    Unit 25A--in those portions west of the east  July 1-June 30.
     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-June 30.
    Unit 25C--up to 3 caribou, to be announced,   Fall season between
     by a joint Federal/State registration         Aug. 1 and Sep. 30,
     permit.                                       to be announced.
                                                   Winter season between
                                                   Oct. 21 and Mar. 31,
                                                   to be announced
    Unit 25D, that portion of Unit 25D drained    Aug. 10-Sep. 30. Dec.
     by the west fork of the Dall River west of    1-31.
     150 [deg]W long.-1 bull.
    Units 25A remainder, 25B, and Unit 25D,       July 1-Apr. 30.
     remainder--10 caribou.
Sheep:
    Unit 25A, that portion within the Dalton      No open season.
     Highway Corridor Management Area.
    Units 25A, Arctic Village Sheep Management    Aug. 10-Apr. 30.
     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 Federal        Aug. 10-Apr. 30.
     registration permit only.
    Units 25B, 25C, and 25D--1 ram with full-     Aug. 10-Sep. 20.
     curl horn or larger.
Moose:
    Unit 25A, that portion within the Coleen,     Aug. 25-Sep. 25. Dec.
     Firth, and Old Crow River drainages--1        1-20.
     antlered bull.
    Unit 25A remainder-1 antlered bull..........  Aug. 25-Sep. 25. Dec.
                                                   1-10.
    Unit 25B, that portion within Yukon-Charley   Aug. 20-Oct. 7.
     National Preserve--1 bull.
    Unit 25B, that portion within the Porcupine   Aug. 25-Oct. 7. Dec. 1-
     River drainage upstream from, but excluding   10.
     the Coleen River drainage--1 antlered bull.
    Unit 25B, that portion, other than Yukon-     Sep. 5-Oct. 7. Dec. 1-
     Charley Rivers National Preserve, draining    15.
     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 bull.........  Aug. 25-Oct. 7. Dec. 1-
                                                   15.
    Unit 25C--1 antlered bull...................  Aug. 20-Sep. 30.
    Unit 25D (west), that portion lying west of   Aug. 25-Feb. 28.
     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 moose.......  Aug. 25-Oct. 1. Dec. 1-
                                                   20.
Beaver:
    Unit 25A, 25B, and 25D--1 beaver per day; 1   June 11-Aug. 31.
     in possession.
    Unit 25A, 25B, and 25D--no limit............  Sep. 1-June 10.
    Unit 25C....................................  No open season.
Coyote: 10 coyotes                                Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver       Sep. 1-Mar. 15.
 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:
    Units 25B and 25C, that portion within Yukon- Nov. 1-June 10.
     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..........................  Sep. 1-Mar. 31.

[[Page 320]]

 
Grouse (Spruce, Ruffed, and Sharp-tailed):
    Unit 25C--15 per day, 30 in possession......  Aug. 10-Mar. 31.
    Unit 25, remainder--15 per day, 30 in         Aug. 10-Apr. 30.
     possession.
Ptarmigan (Rock and Willow):
    Unit 25C, those portions within 5 miles of    Aug. 10-Mar. 31.
     Route 6 (Steese Highway)--20 per day, 40 in
     possession.
    Unit 25, remainder--20 per day, 40 in         Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 25C--No limit..........................  Nov. 1-Apr. 15.
    Unit 25, remainder--50 beaver...............  Nov. 1-Apr. 15.
Coyote: No limit................................  Oct. 1-Apr. 30.
Fox:
    Red fox (including Cross, Black and Silver    Nov. 1-Feb. 28.
     Phases): No limit.
    Arctic fox: No limit........................  Nov. 1-last day of
                                                   Feb.
Lynx: No limit..................................  Nov. 1-Mar. 31.
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-Mar. 31.
    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; and
    (C) Unit 26C consists of the remainder of Unit 26.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) 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-Sep. 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.

[[Page 321]]

    (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. 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. 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.

                      Table 26 to Paragraph (n)(26)
------------------------------------------------------------------------
                 Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.............................  July 1-June 30.
Brown Bear:
    Unit 26A, that portion within Gates of the    July 1-June 30.
     Arctic National Park--2 bear by State
     subsistence registration permit.
    Unit 26A remainder--1 bear by State           July 1-June 30.
     subsistence registration permit.
    Unit 26B--1 bear............................  Jan. 1-Dec. 31.
    Unit 26C--1 bear............................  Aug. 10-June 30.
Caribou:
    Unit 26A--that portion of the Colville River
     drainage upstream from the Anaktuvuk River,
     and drainages of the Chukchi Sea south and
     west of, and including the Utukok River
     drainage--5 caribou per day by State
     registration permit as follows:
        Calves may not be taken.
        Bulls may be harvested..................  July 1-Oct. 14. Dec. 6-
                                                   June 30.
        Cows may be harvested; however, cows      July 16-Mar. 15.
         accompanied by calves may not be taken
         July 16-Oct. 15.
    Unit 26A remainder--5 caribou per day by
     State registration permit as follows:
        Calves may not be taken.................
        Bulls may be harvested..................  July 1-Oct. 15. Dec. 6-
                                                   June 30.
        Up to 3 cows per day may be harvested;    July 16-Mar. 15
         however, cows accompanied by calves may
         not be taken July 16-Oct. 15.
    Unit 26B, that portion south of
     69[deg]30[min] N lat. and west of the
     Dalton Highway--5 caribou per day as
     follows:
        Bulls may be harvested..................  July 1-Oct. 14. Dec.
                                                   10-June 30.
        Cows may be harvested...................  July 1-Apr. 30.
    Unit 26B remainder--5 caribou per day as
     follows:
        Bulls may be harvested..................  July 1-June 30.
        Cows may be harvested...................  July 1-May 15.
    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:
    Units 26A and 26B (Anaktuvuk Pass residents   July 15-Dec. 31.
     only), that portion within the Gates of the
     Arctic National Park--community harvest
     quota of 60 sheep, no more than 10 of which
     may be ewes and a daily possession limit of
     3 sheep per person, no more than 1 of which
     may be a ewe.
    Unit 26A (excluding Anaktuvuk Pass            Aug. 1-Apr. 30.
     residents), those portions within the Gates
     of the Arctic National Park--3 sheep.
    Unit 26A, that portion west of Howard Pass    Season may be
     and the Etivluk River (DeLong Mountains)--1   announced.
     sheep by Federal registration permit.
    Unit 26B, that portion within the Dalton      Aug. 10-Sep. 20.
     Highway Corridor Management Area--1 ram
     with \7/8\ curl or larger horn by Federal
     registration permit only.
    Unit 26A, remainder and 26B, remainder,       Aug. 10-Sep. 20.
     including the Gates of the Arctic National
     Preserve--1 ram with \7/8\ curl or larger
     horn.
    Unit 26C--3 sheep per regulatory year; the    Aug. 10-Sep. 20. Oct.
     Aug. 10-Sep. 20 season is restricted to 1     1-Apr. 30.
     ram with \7/8\ curl or larger horn. A
     Federal registration permit is required for
     the Oct. 1-Apr. 30 season.
Moose:

[[Page 322]]

 
    Unit 26A, that portion of the Colville River  Aug. 1-Sep. 14.
     drainage upstream from and including the
     Anaktuvuk River drainage--1 bull.
    Unit 26A, that portion of the Colville River  Feb. 15-Apr. 15.
     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 the eastern    July 1-Sep. 14.
     shore of Admiralty Bay where the Alaktak
     River enters, following the Alaktak River
     to 155[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-Sep. 14.
    Unit 26B, excluding the Canning River         Sep. 1-14.
     drainage--1 bull.
    Units 26B, remainder and 26C--1 moose by      May be announced.
     Federal registration permit by residents of
     Kaktovik only. 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 26A, that portion west of the eastern    Aug.1-Mar. 15.
     shore of Admiralty Bay where the Alaktak
     River enters, following the Alaktak River
     to 155[deg]00[min] W longitude south to the
     Unit 26A border--1 musk ox by Federal
     drawing permit.
    Units 26A remainder and 26B.................  No open Federal
                                                   season.
    Unit 26C--1 bull by Federal registration      July 15-Mar. 31.
     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...............................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2 foxes.....  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver
 Phases):
    Units 26A and 26B--10 foxes; however, no      Sep. 1-Mar. 15.
     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..........................  Sep. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per day, 40 in    Aug. 10-Apr. 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Coyote: No limit................................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase): No limit....  Nov. 1-Apr. 15.
Fox, Red (including Cross, Black and Silver       Nov. 1-Apr. 15.
 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.
------------------------------------------------------------------------


[85 FR 74808, Nov. 23, 2020, as amended at 87 FR 44858, July 26, 2022]



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 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).

[[Page 323]]

    (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
    (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.

[[Page 324]]

    (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 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

[[Page 325]]

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 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;

[[Page 326]]

    (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 
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,

[[Page 327]]

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 this paragraph (e)(3).
    (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 p.m. Sunday until 6 p.m. Tuesday and from 6 
p.m. Wednesday until 6 p.m. Friday;
    (C) In District 6, excluding the Kantishna River drainage, salmon 
may be taken from 6 p.m. Friday until 6 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 p.m. Friday until 6 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and 
Subdistrict 5D, salmon may not be taken from 6 p.m. Sunday until 6 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 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday 
until 6 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.

[[Page 328]]

    (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 take salmon only by gillnet, beach seine, dip net, 
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) In Subdistrict 5D you may take salmon once the mid-range of the 
Canadian interim management escapement goal and the total allowable 
catch goal are projected to be achieved.
    (C) Salmon may be harvested by dip net at any time, except during 
times of conservation when the Federal in-season manager may announce 
restrictions on time, areas, and species.
    (xiii) 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.
    (xiv) In Districts 5 and 6, you may not take salmon for subsistence 
purposes by drift gillnets.
    (xv) In District 4 salmon may be taken by drift gillnet not more 
than 150 feet in length unless restricted by special action or as 
modified by regulations in this section.
    (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 fishing gear operating for commercial, 
personal, or subsistence use 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 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.
    (F) In Racetrack Slough on the Koyukuk River and in the sloughs of 
the Huslia River drainage, from when each river is free of ice through 
June 15, the offshore end of the set gillnet may not be closer than 20 
feet from the opposite bank except that sloughs 40 feet or less in width 
may have \3\ 4 width coverage with set gillnet, unless closed 
by Federal special action.

[[Page 329]]

    (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. If ADF&G 
has announced that Chinook salmon can be sold in the commercial 
fisheries, 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, and 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), 
except the use of gillnets with 6-inch or less mesh size is allowed 
before June 1 in the Kuskokwim River drainage, unless superseded by a 
Federal special action.
    (iii) 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.
    (iv) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that 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 this paragraph (e)(4).
    (v) 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.
    (vi) 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.
    (vii) You may not take subsistence fish by nets in the Arolik 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 only take salmon by gillnet, beach seine, fish wheel, 
dip net, 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.

[[Page 330]]

    (ix) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (x) 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.
    (xi) You must attach to the bank each subsistence set gillnet 
operated in tributaries of the Kuskokwim River and fish it substantially 
perpendicular to the bank and in a substantially straight line.
    (xii) 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.
    (xiii) 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.
    (xiv) 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.
    (xv) 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.
    (xvi) All tributaries not expressly closed by Federal special 
action, or as modified by regulations in this section, remain open to 
the use of gillnets more than 100 yards upstream from their confluence 
with the Kuskokwim River.
    (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) You may not take fish from waters within 300 feet of a stream 
mouth used by salmon.
    (iii) 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.
    (iv) 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 2 river miles 
upstream from the mouth of the Togiak River to the ADF&G regulatory 
markers.
    (C) You may also take salmon without a permit in Sixmile Lake and 
its tributaries within and adjacent to the exterior boundaries of Lake 
Clark National Park and Preserve unless otherwise prohibited, and Lake 
Clark and its tributaries, by snagging (by handline or rod and reel), 
using a spear, bow and arrow, rod and reel, 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

[[Page 331]]

wood and be removed from the water when the fyke net and lead is no 
longer in use.
    (v) 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.
    (vi) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (vii) 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.
    (viii) You may not operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (ix) 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.
    (x) 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.
    (xi) 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.
    (xii) In 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.
    (xiii) 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.
    (xiv) 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.
    (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.

[[Page 332]]

    (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 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

[[Page 333]]

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 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.

[[Page 334]]

    (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) General area regulations. (A) Unless restricted by regulations 
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.
    (B) If you take rainbow or 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 or steelhead trout 20 inches or 
longer, taken from Kenai Peninsula fresh waters.
    (C) Under the authority of a Federal subsistence fishing permit, you 
may take only salmon, trout, Dolly Varden, and other char. Permits will 
be issued by the in-season manager or designated representative and will 
be valid for that regulatory year, except as otherwise provided for in 
this section, or as stated under the permit conditions, unless the 
season is closed or restricted by a special action.
    (D) All fish taken under the authority of a Federal subsistence 
fishing permit must be marked and recorded prior to leaving the fishing 
site.
    (1) The fishing site includes the particular Federal public waters 
and/or adjacent shoreline from which the fish were harvested.
    (2) Marking means removing the dorsal fin.
    (E) You may not take grayling or burbot for subsistence purposes.
    (F) You may take smelt with dip nets in fresh water only from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (G) You may take whitefish in the Tyone River drainage using 
gillnets.
    (H) You may take fish by gear listed in this section unless 
restricted by other regulations in this section or under the terms of a 
Federal subsistence fishing permit (as may be modified by regulations in 
this section).
    (I) 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)

[[Page 335]]

unless modified herein or by issuance of a Federal special action.
    (J) Applicable harvest provisions are as follows:

                      Table 1 to Paragraph (e)(10)
------------------------------------------------------------------------
          Location              Methods and means        Permit type
------------------------------------------------------------------------
Kasilof River Drainage......  Kasilof River dip     Household Annual
                               net or rod and reel   Permit.
                               for salmon; Kasilof
                               River fish wheel
                               for salmon; Kasilof
                               River gillnet for
                               salmon.
Kenai River Drainage........  Kenai River dip net   Household Annual
                               or rod and reel for   Permit.
                               salmon; Kenai River
                               gillnet for salmon.
Kasilof River Drainage......  Tustumena Lake rod    General Subsistence
                               and reel for          Fishing Permit
                               salmon; Kasilof       (Daily/Possession
                               River drainage rod    Limits).
                               and reel for
                               resident species.
Kenai River Drainage........  Kenai River rod and   General Subsistence
                               reel only for         Fishing Permit
                               salmon; Kenai River   (Daily/Possession
                               and tributaries       Limits).
                               under ice jigging
                               and rod and reel
                               for resident
                               species.
Tustumena Lake..............  Tustumena Lake under  Tustumena Lake
                               ice fishery.          Winter Permit.
------------------------------------------------------------------------

    (1) Harvest limits may not be accumulated.
    (2) Each household may harvest its annual salmon limits in one or 
more days.
    (3) All salmon harvested as part of a household annual limit must be 
reported to the Federal in-season manager within 72 hours of leaving the 
fishing site.
    (4) For Ninilchik residents, the household annual limits for Chinook 
salmon in the Kasilof River and for late-run Chinook salmon in the Kenai 
River are combined.
    (ii) Seasons, harvest limits, and methods and means for Kasilof 
River fisheries. Household annual limits for salmon in Kasilof River 
fisheries are as follows:

                      Table 2 to Paragraph (e)(10)
------------------------------------------------------------------------
                                                            Additional
                                          Number of fish   fish allowed
                 Species                    allowed for      for each
                                            each permit      household
                                              holder          member
------------------------------------------------------------------------
Sockeye.................................              25               5
Chinook.................................              10               2
Coho....................................              10               2
Pink....................................              10               2
------------------------------------------------------------------------

    (A) Kasilof River dip net or rod and reel; salmon. (1) Residents of 
Ninilchik may take sockeye, Chinook, coho, and pink salmon through a dip 
net or 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.
    (2) Residents using rod-and-reel gear may fish with up to two baited 
single or treble hooks.
    (3) 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.
    (4) Harvest seasons are as follows:

                      Table 3 to Paragraph (e)(10)
------------------------------------------------------------------------
                  Species                              Season
------------------------------------------------------------------------
Sockeye salmon............................  June 16-August 15.
Chinook salmon............................  June 16-August 15.
Coho salmon...............................  June 16-October 31.
Pink salmon...............................  June 16-October 31.
------------------------------------------------------------------------

    (B) Kasilof River fish wheel; salmon. (1) 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.
    (2) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River fish wheel except for rainbow or steelhead 
trout, which must be released and returned unharmed to the water.
    (3) Only one fish wheel may be operated on the Kasilof River. The 
fish wheel must: Have a live box, be monitored when fishing, be stopped 
from fishing when it is not being monitored or used, and be installed 
and operated in compliance with any regulations and

[[Page 336]]

restrictions for its use within the Kenai National Wildlife Refuge.
    (4) 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 operational 
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 operational 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 that is at least 12 inches high by 12 inches wide, 
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, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (5) People operating the fish wheel must:
    (i) Have in possession a valid Federal subsistence fishing permit 
and remain onsite to monitor the fish wheel and remove all fish at least 
every hour.
    (ii) In addition, any person operating the fish wheel who is not the 
owner must attach to the fish wheel an additional wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, is 
plainly visible, and contains the person's fishing permit number, name, 
and address in letters and numerals at least 1 inch high.
    (6) The organization owning the fish wheel 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; and
    (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.
    (7) Fishing is allowed from June 16 through October 31 on the 
Kasilof River unless closed or otherwise restricted by Federal special 
action.
    (C) Kasilof River gillnet; salmon. (1) Residents of Ninilchik may 
harvest sockeye, Chinook, coho, and pink salmon in the Federal public 
waters of the upper mainstem of the Kasilof River from a Federal 
regulatory marker on the river below the outlet of Tustumena Lake 
downstream to the Tustumena Lake boat launch with a single gillnet from 
June 16 through August 15.
    (2) Only one community gillnet may be operated on the Kasilof River.
    (i) The gillnet may not: Be over 10 fathoms in length, be larger 
than 5.25-inch mesh, and obstruct more than half of the river width with 
stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (iii) The gillnet may be operated as a set gillnet in a fixed 
location, as a pole-net system drifted through an area while wading, or 
as a drift net from a boat.
    (3) One registration permit will be available and will be issued by 
the Federal in-season fishery manager, in consultation with the Kenai 
National Wildlife Refuge manager, to the Ninilchik Traditional Council. 
As the community gillnet owner, the Ninilchik Traditional Council will 
be responsible for its use and removal in consultation with the Federal 
in-season manager. As part of the permit, after the season, the 
Ninilchik Traditional Council must provide written documentation of 
required evaluation information to the Federal fishery manager 
including, but not limited to:

[[Page 337]]

    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (4) The community gillnet is subject to compliance with applicable 
Kenai National Wildlife Refuge regulations and restrictions.
    (5) The Ninilchik Traditional Council may operate the net 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 fishing the 
gillnet; and
    (ii) Includes provisions for recording daily catches within 72 
hours, the household to whom the catch was given, and other information 
determined to be necessary for effective resource management by the 
Federal in-season manager.
    (6) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River community gillnet fishery. The gillnet 
fishery will be closed when the retention of rainbow or steelhead trout 
has been restricted under Federal subsistence regulations.
    (D) Tustumena Lake rod and reel; salmon. (1) In addition to the dip 
net and rod and reel fishery on the upper mainstem of the Kasilof River 
described under paragraph (e)(10)(ii)(A)(1) of this section, residents 
of Ninilchik may also take coho and pink salmon through a rod and reel 
fishery in Tustumena Lake. Fishing is allowed with up to two baited 
single or treble hooks.
    (2) 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 
harvest and possession limits:

                      Table 4 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Coho salmon...................  16 inches and      4 per day and 4 in
                                 longer.            possession.
Pink salmon...................  16 inches and      6 per day and 6 in
                                 longer.            possession.
------------------------------------------------------------------------

    (E) Kasilof drainage rod and reel; resident species. Resident fish 
species including lake trout, rainbow or steelhead trout, and Dolly 
Varden or Arctic char may be harvested by rod and reel in federally 
managed waters of the Kasilof River drainage the entire year as follows:

                      Table 5 to Paragraph (e)(10)
------------------------------------------------------------------------
           Species               Specifications            Limits
------------------------------------------------------------------------
Lake trout..................  Fish 20 inches and    4 per day and 4 in
                               longer.               possession.
                              Fish less than 20     15 per day and 15 in
                               inches in length.     possession.
Dolly Varden and Arctic char  In flowing waters...  4 per day and 4 in
                                                     possession.
                              In lakes and ponds..  10 per day and 10 in
                                                     possession.
Rainbow or steelhead trout..  In flowing waters...  2 per day and 2 in
                                                     possession.
                              In lakes and ponds..  5 per day and 5 in
                                                     possession.
------------------------------------------------------------------------

    (F) Tustumena Lake under ice fishery; resident species. (1) You may 
fish in Tustumena Lake with a gillnet under the ice, or with jigging 
gear used through the ice. The gillnet may not be longer than 10 
fathoms.
    (2) Harvest limits are as follows:

                      Table 6 to Paragraph (e)(10)
------------------------------------------------------------------------
                                                         Additional
           Methods                   Limits              provisions
------------------------------------------------------------------------
Jigging gear through the ice  Household annual      Household limits are
                               limit of 30 fish in   included in the
                               any combination of    overall total
                               lake trout, rainbow   annual harvest
                               trout, and Dolly      quota.
                               Varden or Arctic
                               char.

[[Page 338]]

 
Gillnet under the ice.......  Total annual harvest  The Federal in-
                               quota of 200 lake     season manager will
                               trout, 200 rainbow    issue a closure for
                               trout, and 500        this fishery once
                               Dolly Varden or       any of these quotas
                               Arctic char.          has been met.
------------------------------------------------------------------------

    (3) 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.
    (4) A permit is required. The permit will be issued by the Federal 
in-season manager or designated representative and will be valid for the 
winter season unless the season is closed by special action.
    (i) The permittee must report the following information: The number 
of each species caught; the number of each species retained; the length, 
depth (number of meshes deep), and mesh size of gillnet fished; the 
fishing site; and the total hours fished.
    (ii) The gillnet must be checked at least once in every 48-hour 
period.
    (iii) For unattended gear, the permittee's name and address must be 
plainly and legibly inscribed on a stake at one end of the gillnet.
    (5) Incidentally caught fish may be retained and must be recorded on 
the permit before transporting fish from the fishing site.
    (6) 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.
    (iii) Seasons, harvest limits, and methods and means for Kenai River 
fisheries. Household annual limits for salmon in Kenai River fisheries 
are as follows:

                                          Table 7 to Paragraph (e)(10)
----------------------------------------------------------------------------------------------------------------
                                                               Additional
                                             Number of fish   fish allowed
                  Species                      allowed for      for each            Additional provisions
                                               each permit      household
                                                 holder          member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon.............................              25               5  Chum salmon that are retained are
                                                                              to be included within the annual
                                                                              limit for sockeye salmon.
Chinook salmon-- (July 1 through July 15)..               2               1  For the Kenai River community
                                                                              gillnet fishery described under
                                                                              paragraph (e)(10)(iii)(B) of this
                                                                              section.
Chinook salmon-- (July 16 through August                 10               2
 31).
Coho salmon................................              20               5
Pink salmon................................              15               5  ...................................
----------------------------------------------------------------------------------------------------------------

    (A) Kenai River dip net or rod and reel; salmon. (1) You may take 
only sockeye salmon through a dip net or rod and reel fishery at one 
specified site on the Russian River.
    (i) For the Russian River fishing site, incidentally caught fish may 
be retained for subsistence uses, except for Chinook salmon, coho 
salmon, rainbow trout, and Dolly Varden, which must be released.
    (ii) 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) You may take sockeye, Chinook, coho, and pink salmon through a 
dip net or rod and reel fishery at two specified sites on the Kenai 
River below Skilak Lake and as provided in this section.
    (i) For both Kenai River fishing sites below Skilak Lake, 
incidentally caught fish may be retained for subsistence uses, except 
for Chinook salmon prior to July 16 (unless otherwise provided for in 
this section), rainbow trout 18 inches or longer, and Dolly

[[Page 339]]

Varden 18 inches or longer, which must be released.
    (ii) 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 through 
August 31.
    (iii) 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 through August 31.
    (3) Fishing seasons are as follows:

                      Table 8 to Paragraph (e)(10)
------------------------------------------------------------------------
           Species                   Season               Location
------------------------------------------------------------------------
Sockeye salmon..............  June 15-August 15...  All three sites.
Chinook salmon..............  July 16-September 30  Kenai River sites
                                                     only.
Pink salmon.................  July 16-September 30  Kenai River sites
                                                     only.
Coho salmon.................  July 16-September 30  Kenai River sites
                                                     only.
------------------------------------------------------------------------

    (B) Kenai River gillnet; salmon. (1) Residents of Ninilchik may 
harvest sockeye, Chinook, coho, and pink salmon in the Moose Range 
Meadows area of the Federal public waters of the Kenai River with a 
single gillnet to be managed and operated by the Ninilchik Traditional 
Council.
    (2) Fishing will be allowed July 1 through August 15 and September 
10-30 on the Kenai River unless closed or otherwise restricted by 
Federal special action. The following conditions apply to harvest in the 
Kenai River community gillnet fishery:
    (i) Salmon taken in this fishery will be included as household 
annual limits of participating households.
    (ii) The Ninilchik Traditional Council will report all harvested 
fish within 72 hours of leaving the gillnet location.
    (iii) Additional harvest restrictions for this fishery are as 
follows:

                                          Table 9 to Paragraph (e)(10)
----------------------------------------------------------------------------------------------------------------
              Species                       Period                   Harvest                 Fishery limits
----------------------------------------------------------------------------------------------------------------
Sockeye salmon....................  July 1-August 15 and
                                     September 10-30.
Chinook salmon less than 46 inches  July 1-15............  Fish may be retained if     Fishery will close until
 in length or greater than 55                               the most current            July 16 once 50 Chinook
 inches in length.                                          preseason forecast from     salmon have been
                                                            the State of Alaska         retained or released.
                                                            Department of Fish and
                                                            Game projects the in-
                                                            river run to be within or
                                                            above the optimal
                                                            escapement goal range for
                                                            early-run Chinook salmon;
                                                            otherwise, live fish must
                                                            be released.
Chinook salmon....................  July 16-August 15....  ..........................  Fishery will close prior
                                                                                        to August 15 if 200
                                                                                        Chinook salmon have been
                                                                                        retained or released
                                                                                        between July 16 and that
                                                                                        date. Fishery will
                                                                                        reopen September 10-30
                                                                                        for species available at
                                                                                        that time.
Pink salmon.......................  July 16-August 15 and
                                     September 10-30.
Coho salmon.......................  July 16-August 15 and
                                     September 10-30.

[[Page 340]]

 
Incidentally caught rainbow trout   .....................  All live fish must be       Fishery will close for
 and Dolly Varden.                                          released. Fish that die     the season once 100
                                                            in net may be retained.     rainbow trout or 150
                                                                                        Dolly Varden have been
                                                                                        released or retained.
----------------------------------------------------------------------------------------------------------------

    (iv) Chinook salmon less than 20 inches in length may be retained 
and do not count towards retained or released totals.
    (v) Other incidentally caught species may be retained; however, all 
incidental fish mortalities, except for Chinook salmon less than 20 
inches in length, count towards released or retained totals specified in 
this section.
    (3) Only one community gillnet may be operated on the Kenai River.
    (i) The gillnet may not: Be over 10 fathoms in length to take 
salmon; be larger than 5.25-inch mesh; and obstruct more than half of 
the river width with stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (4) One registration permit will be available and will be issued by 
the Federal in-season manager, in consultation with the Kenai National 
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the 
community gillnet owner, the Ninilchik Traditional Council will be 
responsible for its use and removal in consultation with the Federal in-
season manager. As part of the permit, the Ninilchik Traditional Council 
must provide post-season written documentation of required evaluation 
information to the Federal in-season manager including, but not limited 
to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (5) The Ninilchik Traditional Council may operate the net 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 fishing the 
gillnet; and
    (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 in-season 
manager.
    (C) Kenai River rod and reel only; salmon. (1) For federally managed 
waters of the Kenai River and its tributaries, you may take sockeye, 
Chinook, coho, pink, and chum salmon through a separate rod and reel 
fishery in the Kenai River drainage.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means 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 
77.540), except for the following harvest and possession limits:

                      Table 10 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Chinook salmon-- (January 1     Less than 46       2 per day and 2 in
 through July 15).               inches or 55       possession.
                                 inches and
                                 longer.
Chinook salmon-- (July 16       20 inches and      2 per day and 2 in
 through August 31).             longer.            possession.
All other salmon..............  16 inches and      6 per day and 6 in
                                 longer.            possession, of which
                                                    no more than 4 per
                                                    day and 4 in
                                                    possession may be
                                                    Coho salmon, except
                                                    for the Sanctuary
                                                    Area and Russian
                                                    River where no more
                                                    than 2 per day and 2
                                                    in possession may be
                                                    Coho salmon.
------------------------------------------------------------------------

    (i) In the Kenai River below Skilak Lake, fishing is allowed with up 
to two baited single or treble hooks June 15 through August 31.

[[Page 341]]

    (ii) Annual harvest limits for any combination of Chinook salmon are 
four for each permit holder.
    (iii) Incidentally caught fish, other than salmon, are subject to 
regulations found in paragraph (e)(10)(iii)(D) of this section.
    (D) Kenai River and tributaries under ice jigging and rod and reel; 
resident species. (1) For federally managed waters of the Kenai River 
and its tributaries below Skilak Lake outlet at river mile 50, you may 
take resident fish species including lake trout, rainbow trout, and 
Dolly Varden or Arctic char with jigging gear through the ice or rod and 
reel gear in open waters. Seasons, areas, harvest and possession limits, 
and methods and means 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 77.540), except for the following harvest and 
possession limits:

                      Table 11 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 18
                                                    inches, 1 per day
                                                    and 1 in possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one may be 20
                                                    inches or longer,
                                                    may be harvested
                                                    daily.
Rainbow or steelhead trout....  In flowing waters  For fish less than 18
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (2) For federally managed waters of the upper Kenai River and its 
tributaries above Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits, and 
methods and means 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 77.540), except for the following harvest and possession limits:

                      Table 12 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
                                From Hidden Lake.  2 per day and 2 in
                                                    possession
                                                    regardless of
                                                    length.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
Rainbow or steelhead trout....  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (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. The Lower Copper 
River Area includes that portion of the Copper River, from a boundary 
one-half mile upstream of the Copper River Highway to a boundary 
extending one-half mile downstream of the Copper River Highway, from the 
west bank of the river near highway mile 27 to the east bank of the 
river near highway mile 38.
    (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

[[Page 342]]

rainbow/steelhead trout, except as otherwise provided for in this 
paragraph (e)(11).
    (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 and in the Lower Copper River Area.
    (v) In the Upper Copper River District, you may take salmon only by 
fish wheels, rod and reel, or dip nets. In the Lower Copper River Area, 
you may take salmon only by dip nets and rod and reel. All salmon 
retained from the Lower Copper River Area must be reported to area 
managers within 48 hours of harvest.
    (A) In the Lower Copper River Area, you may not dip net from a boat.
    (B) In the Lower Copper River Area, the salmon fishery opens on June 
1 and closes on September 30.
    (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.
    (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

[[Page 343]]

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 per person 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)(xii)(B) or (e)(11)(xiii)(E) 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.
    (H) While you are fishing from a boat or other watercraft, you may 
not use any device that indicates bathymetry and/or fish locations, 
e.g., fish finders. These devices do not have to be removed or 
uninstalled from a boat or watercraft.
    (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 are responsible for the fish wheel; you must remove the fish 
wheel from the water at the end of the permit period.
    (E) 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) You must check your fish wheel at least once every 10 hours and 
remove all fish.
    (D) No fish wheel may have more than two baskets.
    (E) 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):
    (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 the fish wheel and will be the same person 
as is listed on the fish wheel described in paragraph (e)(11)(xiii)(E) 
of this section.
    (B) The allowable harvest may not exceed the combined seasonal 
limits 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

[[Page 344]]

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)(xiii)(E) 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.
    (xvii) In the Chugach National Forest portion of the Prince William 
Sound Area, and the Lower Copper River Area, you must possess a Federal 
subsistence fishing permit to take salmon, trout, whitefish, grayling, 
Dolly Varden, or char. Permits are available from the Cordova Ranger 
District.
    (A) Salmon harvest is not allowed in Eyak Lake and its tributaries, 
the remainder of the Copper River and its tributaries outside of the 
Lower Copper River Area, and Eyak River upstream from the Copper River 
Highway Bridge.
    (B) 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 return the permit by the due date marked on 
the permit.
    (C) You must remove both lobes of the caudal (tail) fin from 
subsistence-caught salmon before leaving the fishing site.
    (D) Excluding the areas described in paragraph (e)(11)(xvii)(A) of 
this section, you may take salmon by rod and reel, dip net, spear, and 
gaff year-round.
    (E) For a household with 1 person, 15 salmon (other than pink) may 
be taken, and 5 cutthroat trout, with only 2 over 20 inches, may be 
taken; no more than 5 Chinook salmon per household; for pink salmon, see 
the conditions of the permit.
    (F) For a household with 2 persons, 30 salmon (other than pink) may 
be taken, plus an additional 10 salmon for each additional person in a 
household over 2 persons, and 5 cutthroat trout, with only 2 over 20 
inches per each household member with a maximum household limit of 30 
cutthroat trout may be taken; no more than 5 Chinook

[[Page 345]]

salmon per household; for pink salmon, see the conditions of the permit.
    (G) You may take Dolly Varden, Arctic char, whitefish, and grayling 
with rod and reel and spear year-round and with a gillnet from January 1 
to April 1. The maximum incidental gillnet harvest of trout is 10.
    (H) You may take cutthroat trout with rod and reel and spear from 
June 15 to April 14 and with a gillnet from January 1 to April 1.
    (I) You may not retain rainbow/steelhead trout for subsistence 
unless taken incidentally in a subsistence gillnet fishery. Rainbow/
steelhead trout must be immediately released from a dip net without 
harm.
    (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 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), allowable 
gear for salmon or steelhead is restricted to gaffs, spears, gillnets, 
seines, dip nets, cast nets, handlines, or rod and reel.

[[Page 346]]

    (v) Unless otherwise specified in this paragraph (e)(13), 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) Nets are prohibited in streams flowing across or adjacent to 
the roads on Wrangell and Mitkof islands, and in streams flowing across 
or adjacent to the road systems connected to the community of 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 this 
paragraph (e)(13), 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.
    (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 stretched mesh size is 8 inches during the Chinook salmon season 
and 5 \1/2\ inches during the sockeye salmon season. There is no maximum 
mesh size during the coho salmon season.
    (A) You may take Chinook salmon from May 15 through June 20. The 
annual limit is five 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) Fishing nets must be checked at least twice each day.
    (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 this paragraph (e)(13), 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.

[[Page 347]]

    (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 
one 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 two 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 trout, 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.
    (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.
    (xx) The Klawock River drainage is closed to the use of seines and 
gillnets during July and August.
    (xxi) The Federal public waters in the Makhnati Island area, as 
defined in Sec.  100.3(b)(5) are closed to the harvest of herring and 
herring spawn, except by federally qualified users.
    (xxii) Only federally qualified subsistence users may harvest 
sockeye salmon in Neva Lake, Neva Creek, and South Creek.

[78 FR 19112, Mar. 29, 2013, as amended at 80 FR 28192, May 18, 2015; 83 
FR 3084, Jan. 23, 2018; 84 FR 39191, Aug. 9, 2019; 84 FR 39748, Aug. 12, 
2019; 86 FR 17717, Apr. 6, 2021; 87 FR 44894, July 26, 2022]



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;

[[Page 348]]

    (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.
    (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

[[Page 349]]

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.
    (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.

[[Page 350]]

    (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 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

[[Page 351]]

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.
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

[[Page 352]]

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 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

[[Page 353]]

in accordance with the marking rules and timber sale practices 
applicable to the Black Hills National Forest, and such cutting and 
removal of timber shall be as directed by the Forest Supervisor.
    (e) No use of the surface of a mining claim or the resources 
therefrom not reasonably required for carrying on mining and prospecting 
shall be allowed, except under the National Forest rules and 
regulations, nor shall the locator prevent or obstruct other occupancy 
of the surface or use of surface resources under authority of National 
Forest Regulations, or permits issued thereunder, if such occupancy or 
use is not in conflict with mineral developments.
    (f) When any road is to be built for mining purposes upon a mining 
claim, the locator must apply to the Forest Supervisor for the 
applicable rules and regulations governing the construction and 
maintenance of roads within the Black Hills National Forest, and such 
road will be built in accordance with such specifications and in such 
locations as the Forest Supervisor may direct.
    (g) In conducting mining operations the locator, his agents, 
representatives, or employees, or other persons whose presence in the 
area or in the vicinity thereof, is occasioned by such mining 
operations, shall use due diligence in the prevention and suppression of 
fires, and shall, when requested by the Forest Supervisor, or his 
authorized representative, be available for service in the 
extinguishment and suppression of all fires occurring within the 
Preserve: Provided, That if such fire does not originate through any 
negligence on the part of the locator, his agents, representatives, or 
employees, or other persons whose presence in the area or in the 
vicinity thereof, is occasioned by such mining operations and does not 
threaten the structures, improvements or property incident to the mining 
operation, such persons shall be paid for their services at the current 
rate of pay of fire fighters employed by the United States.
    (h) Nothing contained in this section shall be construed to relieve 
the locator from complying with any requirements of the laws of the 
State of South Dakota, nor from compliance with or conformity to any 
requirements of any Federal law or regulation now existing or which 
later may be enacted or promulgated, and applicable to the subject 
involved in this section.

[13 FR 4792, Aug. 19, 1948, as amended at 48 FR 31854, July 12, 1983]



Sec.  251.14  Conditions, rules and regulations to govern exercise of 
timber rights reserved in conveyance to the United States.

    (a) Except as otherwise provided in paragraphs (b) and (c) of this 
section, in conveyance of lands to the United States under authorized 
programs of the Forest Service, where owners reserve the right to enter 
upon the conveyed lands and to cut and remove timber and timber 
products, said reservations shall be subject to the following 
conditions, rules and regulations which shall be expressed in and made a 
part of the deed of conveyance to the United States and such 
reservations shall be exercised thereunder and in obedience thereto:
    (1) Whoever undertakes to exercise the reserved rights, hereinafter 
called operator, shall give prior written notice to Forest Service and 
shall submit satisfactory evidence of authority to exercise such rights. 
Operator shall repair, replace, or restore any improvements owned by the 
United States or its permittees, damaged or destroyed by the timber 
operations and he shall restore the land to a condition safe and 
reasonably serviceable for authorized programs of Forest Service.
    (2) In cutting and removing timber and timber products and in 
locating, constructing and using mills, logging roads, railroads, 
chutes, landings, camps, or other improvements, no unnecessary damage 
shall be done to the air, water and soil resources, and to young growth 
or to trees left standing. All survey monuments and witness trees shall 
be preserved.
    (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.

[[Page 354]]

    (4) Slash and debris resulting from the cutting, removal, or 
processing of timber or timber products, or from construction 
operations, shall be disposed of or otherwise treated by methods 
acceptable to the Forest Service. Such treatment or disposal shall 
comply with known air and water quality criteria and standards and 
include necessary preparatory work such as fireline constructing and 
snag falling. The timing of log removal and preparatory work shall not 
unnecessarily delay slash disposal or treatment.
    (5) Operator is authorized to construct and maintain buildings, 
facilities, and other improvements, including roads needed to log the 
reserved timber. Construction and maintenance plans, designs, and 
location shall be approved in writing by Forest Service before 
construction is started.
    (6) All buildings, camps, equipment, and other structures or 
improvements shall be removed from the lands within 6 months from date 
of completion or abandonment of the operation, unless relieved by Forest 
Service by issuance of a special-use permit. Otherwise such buildings, 
camps, equipment, and other structures or improvements shall become the 
property of the United States, but this does not relieve operator of 
liability for the cost of removal and restoration of the site.
    (7) Nothing in this section shall be construed to exempt operator 
from any requirements of the laws of the States in which situated; nor 
from compliance with or conformity to any requirement of any law which 
later may be enacted and which otherwise would be applicable.
    (8) While operations are in progress, operator, his employees, any 
subcontractors, and their employees, shall take all reasonable and 
practicable action in the prevention and suppression of fire, and shall 
be available for service in the suppression of all fires within the 
reserved area. On any fire not caused by negligence on the part of the 
operator, Forest Service shall pay operator at fire-fighting rates 
common in the area or at prior agreed rates for equipment or manpower 
furnished by operator.
    (9) Only one cutting shall be made on any portion of the area on 
which timber is reserved. Forest Service may permit the cutting of 
special products, or products the cutting of which is seasonal, on any 
portion of the area in advance of the cutting of the chief products of 
the reserved timber. Each reservation of timber shall include a specific 
period of time within which material may be removed.
    (10) Forest Service shall have the right to use any road constructed 
under the authority of this timber reservation for any and all purposes 
in connection with the protection and administration of the National 
Forest.
    (11) Operator shall take all reasonable precautions to prevent 
pollution of the air, soil, and water, in operation hereunder.
    (12) All activities by operator in the reserved area shall be 
conducted in a safe, orderly, and workmanlike manner.
    (13) For the protection of streamcourses, the following measures 
shall be observed by operator: Culverts or bridges will be required on 
temporary roads at all points where it is necessary to cross 
streamcourses. Such facilities shall be of sufficient size and design to 
provide unobstructed flow of water. Equipment will not be operated in 
streamcourses except at designated crossings and as essential to 
construction or removal of culverts and bridges. Any stream that is 
temporarily diverted must be restored to the natural course as soon as 
practicable, and in any event prior to a major runoff season.
    (14) Operator shall perform currently as weather and soil conditions 
permit, the following erosion control work on portions of the reserved 
area where logging is in progress or has been completed: Construct 
cross-ditches and water-spreading ditches where staked or otherwise 
marked on the ground by Forest Service; after a temporary road has 
served operator's purpose, operator shall remove culverts and bridges, 
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

[[Page 355]]

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 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

[[Page 356]]

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 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

[[Page 357]]

conditions, rules and regulations which shall be expressed in and made a 
part of the deed of conveyance to the United States and such 
reservations shall be exercised thereunder and in obedience thereto:
    (a) Except when provided otherwise by statute, the reservation so 
created shall not be assigned, used, or occupied by anyone other than 
the grantor without the consent of the United States.
    (b) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (c) The premises shall not be used or permitted to be used, without 
the written consent of the United States, for any purpose or purposes 
other than those specified in the instrument creating the reservation.
    (d) The grantor and all persons acting for or claiming under him 
shall maintain the premises and all buildings and structures thereon in 
proper repair and sanitation and shall comply with the National Forest 
laws and regulations and the laws and lawful orders of the State in 
which the premises are located.
    (e) Except when provided otherwise by statute, the reservation shall 
terminate: (1) Upon the expiration of the period named in the deed; (2) 
upon failure for a period of more than one calendar year to use and 
occupy the premises for the purposes named in the deed; (3) by use and 
occupancy for unlawful purposes or for purposes other than those 
specified in the deed; and (4) by voluntary written relinquishment by 
the owner.
    (f) Upon the termination of the reservation the owners of personal 
property remaining on the premises shall remove same within a period of 
three months, and all such property not so removed shall become the 
property of the United States except that when such removal is prevented 
by conditions beyond the control of the owners the period shall be 
extended in writing by the Forest Service to allow a reasonable time for 
said removal, but in no event longer than one year.
    (g) The said reservation shall be subject to rights-of-way for the 
use of the United States or its permittees, upon, across, or through the 
said land, as may hereafter be required for the erection, construction, 
maintenance and operation of public utility systems over all or parts 
thereof, or for the construction and maintenance of any improvements 
necessary for the good administration and protection of the National 
Forests, and shall be subject to the right of officials or employees of 
the Forest Service to inspect the premises, or any part thereof, at all 
reasonable times and as often as deemed necessary in the performance of 
official duties in respect to the premises.
    (h) The conditions, rules, and regulations set forth in paragraphs 
(a) through (g) of this section shall not apply to reservations 
contained in conveyances of lands to the United States under the Act of 
March 3, 1925, as amended (43 Stat. 1133, 64 Stat. 82; 16 U.S.C. 555).

[33 FR 11452, Aug. 13, 1968, as amended at 36 FR 156, Jan. 6, 1971]



Sec.  251.18  Rights-of-way reserved by the grantor on lands conveyed
to the United States.

    This section governs the use, occupancy, and operation of rights-of-
way reserved by a grantor of lands to the United States.
    (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

[[Page 358]]

condition. Failure to maintain such conditions shall be cause for the 
termination of the reservation after 30 days' notice in writing to the 
occupant or user that unsatisfactory conditions exist and that the 
Department intends to terminate all rights under the reservation unless 
such conditions are forthwith corrected to the satisfaction of the 
Regional Forester.
    (d) Upon the abandonment of a reserved right-of-way, either by 
formal release, by termination, or by non-use for a period of one 
calendar year, all improvements thereon not the property of the United 
States shall be removed therefrom within three months from the date of 
the abandonment, otherwise such improvements shall vest in and become 
the property of the United States.
    (e) All reasonable precautions to prevent and suppress forest fires 
shall be taken by the grantor and all persons acting for or claiming 
under him; suitable crossings shall be constructed by grantor and/or 
said persons where the reserved right-of-way intersects existing roads 
and trails; borrow pits shall not be opened outside of the immediate 
graded section except under a special use permit from the Forest 
Supervisor.
    (f) Officers of the Forest Service shall have free ingress and 
egress on and over the reserved rights-of-way for all purposes necessary 
and incidental to the protection and administration of the national 
forest.

[3 FR 1953, Aug. 9, 1938]



Sec.  251.19  Exercise of water rights reserved by the grantor of lands
conveyed to the United States.

    This section governs the exercise of water and related rights 
reserved by the grantor of lands conveyed to the United States under the 
provisions of the act of March 1, 1911 (36 Stat. 961).
    (a) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (b) All slash and debris resulting from the cutting and removal of 
timber shall be disposed of as directed by the Forest Officer in charge.
    (c) Flowage and reservoir areas shall be cleared of timber and 
debris, in a manner satisfactory to the Forest Supervisor, or in 
accordance with a special agreement approved by him. Timber cut and 
destroyed in the exercise of the reserved rights shall be paid for at 
rates to be prescribed by the Forest Officer in charge, which rates 
shall be the usual stumpage price charged in the locality.
    (d) The water surface created shall be open to the Forest Service 
and its permittees when such use does not interfere with the original 
purpose of the development.
    (e) The water surface shall be open to fishing by the public in 
accordance with State laws when such use does not interfere with the 
original purpose of the development.
    (f) Plans for dams and supplemental structures, impounding or 
controlling more than 10 acre-feet of water or with a head in excess of 
6 feet, shall be approved by the Regional Engineer of the Forest Service 
before construction shall begin.

[3 FR 1953, Aug. 9, 1938]

                          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

[[Page 359]]

measures are required to maintain a plant community which the area is 
intended to represent. Within areas designated by this regulation, 
occupancy under a special-use permit shall not be allowed, nor the 
construction of permanent improvements permitted except improvements 
required in connection with their experimental use, unless authorized by 
the Chief of the Forest Service.

[31 FR 5072, Mar. 29, 1966]

                          Petersburg Watershed



Sec.  251.35  Petersburg watershed.

    (a) Except as authorized in paragraphs (b) and (c), access to lands 
within the Petersburg watershed, Tongass National Forest, as described 
in the Act of October 17, 1940 (54 Stat. 1197), is prohibited.
    (b) Access to lands within the Petersburg watershed is hereby 
authorized, without further written approval, for the following routine 
purposes:
    (1) The discharge of official duties related to management of the 
Tongass National Forest by Federal employees, holders of Forest Service 
contracts, or Forest Service agents;
    (2) The operation, maintenance, and improvement of the municipal 
water system by Federal and State officials and employees of the city of 
Petersburg; and
    (3) Public recreational use of the Raven's Roost Trail for access to 
and from the Raven's Roost public recreation cabin and the Alpine 
Recreation Area.
    (c) Any person who wishes to enter upon the lands within the 
watershed for purposes other than those listed in paragraph (b) must 
obtain a permit that has been signed by the appropriate city official 
and countersigned by the District Ranger.
    (d) Unauthorized entrance upon lands within the watershed is subject 
to punishment as provided in 36 CFR 261.1b.
    (e) The Forest Supervisor of the Stikine Area of the Tongass 
National Forest may authorize the removal of timber from the watershed 
under the regulations governing disposal of National Forest timber (36 
CFR part 223). In any removal of timber from the watershed, the Forest 
Supervisor shall provide adequate safeguards for the protection of the 
Petersburg municipal water supply.

[53 FR 26595, July 14, 1988]



                         Subpart B_Special Uses

    Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551, 580d, 
1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1772.

    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,

[[Page 360]]

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. 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

[[Page 361]]

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.
    Hazard tree--for purposes of vegetation management for a powerline 
facility, any tree, brush, shrub, other plant, or part thereof, 
hereinafter ``vegetation'' (whether located on NFS lands inside or 
outside the linear right-of-way for the powerline facility), that has 
been designated, prior to failure, by a certified or licensed arborist, 
qualified vegetation management specialist, or forester under the 
supervision of the owner or operator to be:
    (1) Dead; likely to die or fail before the next routine vegetation 
management cycle; or in a position that, under geographical or 
atmospheric conditions, could cause the vegetation to fall, sway, or 
grow into the powerline facility before the next routine vegetation 
management cycle; and
    (2) Likely to cause substantial damage to the powerline facility; 
disrupt powerline facility service; come within 10 feet of the powerline 
facility; or come within the minimum vegetation clearance distance as 
determined in accordance with applicable reliability and safety 
standards and as identified in the special use authorization for the 
powerline facility and the associated approved operating plan or 
agreement.
    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--an authorized right-of-way for a linear 
facility, such as a road, trail, pipeline, powerline facility, fence, 
water transmission facility, or fiber optic cable, whose linear boundary 
is delineated by its legal description.
    Maintenance. (1) Emergency maintenance--immediate repair or 
replacement of any component of a powerline facility that is necessary 
to prevent imminent loss, or to redress the loss, of electric service 
due to equipment failure in accordance with applicable reliability and 
safety standards and as identified in an approved operating plan or 
agreement.
    (2) Non-routine maintenance--realigning, upgrading, rebuilding, or 
replacing an entire powerline facility or any segment thereof, including 
reconductoring, as identified in an approved operating plan or 
agreement.
    (3) Routine maintenance--repair or replacement of any component of a 
powerline facility due to ordinary wear and tear, such as repair of 
broken strands of conductors and overhead ground wire; replacement of 
hardware (e.g., insulator assembly) and accessories; maintenance of 
counterpoise, vibration dampers, and grading rings; scheduled 
replacement of decayed and deteriorated wood poles; and aerial or ground 
patrols to perform observations, conduct inspections, correct problems, 
and document conditions to provide for operation in accordance with 
applicable reliability and safety standards and as identified in an 
approved operating plan or agreement.
    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.

[[Page 362]]

    Maximum operating sag--The theoretical position of a powerline 
facility conductor (wire) when operating at 100 degrees Celsius, which 
must be accounted for when determining minimum vegetation clearance 
distance.
    Minimum vegetation clearance distance--the calculated distance 
(stated in feet or meters) that is used to prevent flashover between 
conductors and vegetation for various altitudes and operating voltages. 
The MVCD is measured from a conductor's maximum operating sag to 
vegetation on NFS lands within the linear right-of-way for a powerline 
facility and on NFS lands adjacent to either side of the linear right-
of-way for a powerline facility for purposes of felling or pruning 
hazard trees, which the owner or operator uses to determine whether 
vegetation poses a system reliability hazard to the powerline facility.
    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.
    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.
    Operating plan or agreement for a powerline facility (hereinafter 
``operating plan or agreement'')--a plan or agreement prepared by the 
owner or operator of a powerline facility, approved by the authorized 
officer, and incorporated by reference into the corresponding special 
use authorization that provides for long-term, cost-effective, 
efficient, and timely inspection, operation, maintenance, and vegetation 
management of the powerline facility on NFS lands within the linear 
right-of-way for the powerline facility and on NFS lands adjacent to 
either side of the linear right-of-way to fell or prune hazard trees and 
to construct, reconstruct, and maintain access roads and trails, to 
enhance electric reliability, promote public safety, and avoid fire 
hazards.
    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.
    Owner or operator--for purposes of a powerline facility, the owner 
or operator of the powerline facility or a contractor or other agent 
engaged by the owner or operator of the powerline facility.
    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.
    Powerline facility. One or more electric distribution or 
transmission lines authorized by a special use authorization, and all 
appurtenances to those lines supporting conductors of one or more 
electric circuits of any voltage for the transmission of electric 
energy, overhead ground wires, and communications equipment that is 
owned by the owner or operator; that solely supports operation and 
maintenance of the electric distribution or transmission lines; and that 
is not leased to other parties for communications uses that serve other 
purposes.
    Recreation event--a recreational activity conducted on National 
Forest

[[Page 363]]

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 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.
    Vegetation management. (1) Emergency vegetation management--
unplanned felling and pruning of vegetation on National Forest System 
lands within the linear right-of-way for a powerline facility and 
unplanned felling and pruning of hazard trees on abutting National 
Forest System lands that have

[[Page 364]]

contacted or present an imminent danger of contacting the powerline 
facility to avoid the disruption of electric service or to eliminate an 
immediate fire or safety hazard.
    (2) Non-emergency (routine) vegetation management--planned actions 
as described in an operating plan or agreement periodically taken to 
fell or prune vegetation on National Forest System lands within the 
linear right-of-way for a powerline facility and on abutting National 
Forest System lands to fell or prune hazard trees to ensure normal 
powerline facility operations and to prevent wildfire in accordance with 
applicable reliability and safety standards and as identified in an 
approved operating plan or agreement.

[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; 85 FR 41392, July 10, 
2020; 85 FR 48476, Aug. 11, 2020; 87 FR 7949, Feb. 11, 2022]



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 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

[[Page 365]]

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 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

[[Page 366]]

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, or prior to commencement of construction will have, the 
technical and financial capability to construct, operate, maintain, and 
terminate the project

[[Page 367]]

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:
    (i) Possible land use conflicts as identified by review of forest 
land and resource management plans, landownership records, and other 
readily available sources;

[[Page 368]]

    (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 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.

[[Page 369]]

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 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;

[[Page 370]]

    (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--(i) General. 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 may be evaluated with one analysis and 
approved in one decision.
    (ii) Communications use applications. Within 270 days of acceptance 
of a proposal as an application for a new communications facility or co-
location of a new communications use in or on a facility managed by the 
Forest Service, or within 270 days of receipt of an application for 
modification of an existing communications facility or co-located 
communications use on a facility managed by the Forest Service, the 
authorized officer shall grant or deny the application and notify the 
applicant in writing of the grant or denial.
    (iii) Tracking of communications use applications. The Forest 
Service shall establish a process in its directive system (36 CFR 200.4) 
for tracking applications for communications uses that provides for:
    (A) Identifying the number of applications received, approved, and 
denied;
    (B) For applications that are denied, describing the reasons for 
denial; and

[[Page 371]]

    (C) Describing the amount of time between receipt of an application 
and grant or denial of the application.
    (5) Authorization of a special use--(i) General. Upon a decision to 
approve a special use or a group of similar uses, the authorized officer 
may issue one or more special use authorizations as defined in Sec.  
251.51 of this subpart.
    (ii) Minimum term for communications use authorizations. The term 
for a communications use authorization shall be 30 years, unless case-
specific circumstances warrant a shorter term.

[63 FR 65964, Nov. 30, 1998, as amended at 74 FR 68381, Dec. 24, 2009; 
78 FR 33725, June 5, 2013; 85 FR 19665, Apr. 8, 2020]



Sec.  251.55  Nature of interest.

    (a) A holder is authorized only to occupy such land and structures 
and conduct such activities as is specified in the special use 
authorization. The holder may sublet the use and occupancy of the 
premises and improvements authorized only with the prior written 
approval of the authorized officer, but the holder shall continue to be 
responsible for compliance with all conditions of the special use 
authorization.
    (b) All rights not expressly granted are retained by the United 
States, including but not limited to (1) continuing rights of access to 
all National Forest System land (including the subsurface and air 
space); (2) a continuing right of physical entry to any part of the 
authorized facilities for inspection, monitoring, or for any other 
purposes or reason consistent with any right or obligation of the United 
States under any law or regulation; and (3) the right to require common 
use of the land or to authorize the use by others in any way not 
inconsistent with a holder's existing rights and privileges after 
consultation with all parties and agencies involved. When costs can be 
feasibly allocated and have not been amortized, a new holder may be 
required to compensate existing holders for an equitable proportion of 
the original costs or other expense associated with the common use.
    (c) Special use authorizations are subject to all outstanding valid 
rights.
    (d) Each special use authorization will specify the lands to be used 
or occupied which shall be limited to that which the authorized officer 
determines: (1) Will be occupied by the facilities authorized; (2) to be 
necessary for the construction, operation, maintenance, and full 
utilization of the authorized facilities or the conduct of authorized 
activities; and, (3) to be necessary to protect the public health and 
safety and the environment.
    (e) The holder will secure permission under applicable law, and pay 
in advance, the value as determined by the authorized officer for any 
mineral and vegetative materials (including timber) to be cut, removed, 
used, or destroyed by the holder from the authorized use area or other 
National Forest System 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

[[Page 372]]

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 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

[[Page 373]]

    (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.
    (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:

[[Page 374]]

    (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, unless the holder provides 
compelling justification for retaining the existing permit.
    (h) Operating plans and agreements. An operating plan or agreement 
consistent with this paragraph (h) is required for new and reauthorized 
powerline facilities on National Forest System lands.
    (1) Use of operating plans. Operating plans, rather than agreements, 
are required for powerline facilities that are subject to the mandatory 
reliability standards established by the Electric Reliability 
Organization and that sold more than 1,000,000 megawatt hours of 
electric energy for purposes other than resale during each of the 3 
calendar years immediately preceding March 23, 2018.
    (2) Use of operating agreements. Powerline facilities that are not 
subject to the mandatory reliability standards established by the 
Electric Reliability Organization and/or that sold less than or equal to 
1,000,000 megawatt hours of electric energy for purposes other than 
resale during each of the 3 calendar years immediately preceding March 
23, 2018, may be subject to an agreement, instead of an operating plan. 
Powerline facilities that are not subject to an agreement must be 
subject to an operating plan.
    (3) Existing operating plans and lack of an operating plan. The 
authorized officer shall determine, in consultation with the owner or 
operator of a powerline facility, whether the existing operating plan 
for that powerline facility is consistent with paragraph (h) of this 
section and shall notify the owner or operator of that determination. 
Within 18 months of the date of notification that the existing operating 
plan is inconsistent with paragraph (h) of this section, the owner or 
operator shall modify the existing operating plan to be consistent with 
paragraph (h) of this section or, if eligible, shall prepare a proposed 
operating agreement and shall submit the proposed modified operating 
plan or proposed operating agreement to the authorized officer for 
review and approval. Existing operating plans that are consistent with 
paragraph (h) of this section do not have to be submitted for reapproval 
by the authorized officer. If an owner or operator does not have an 
operating plan, within 18 months of the date of notification from the 
authorized officer that a proposed operating plan or agreement must be 
submitted, the owner or operator shall submit to the authorized officer 
a proposed operating plan or agreement consistent with paragraph (h) of 
this section for review and approval. The authorized officer shall 
provide notification of the requirement to submit a proposed modified 
operating plan or a proposed operating plan or agreement no later than 
September 30, 2026. The authorized officer has the discretion to 
determine the sequence of notification, based on factors enumerated in 
implementing Forest Service directives.
    (4) Development of proposed operating plans and agreements. Owners 
and operators may develop a proposed operating plan or agreement on 
their own or in consultation with the authorized officer.
    (5) Content of operating plans and agreements. At a minimum, 
operating plans and agreements shall:
    (i) Identify the powerline facility covered by the operating plan or 
agreement (hereinafter ``covered line'');
    (ii) Consider preexisting operating plans and agreements for the 
covered line;
    (iii) Address coordination between the owner or operator and the 
Forest Service and specify their points of contact;

[[Page 375]]

    (iv) Describe the vegetation management, inspection, and operation 
and maintenance methods that may be used to comply with all applicable 
law, including fire safety requirements and reliability standards 
established by the Electric Reliability Organization (owners and 
operators subject to mandatory reliability standards established by the 
Electric Reliability Organization or superseding standards may use those 
standards as part of their operating plan); the applicable land 
management plan; environmental compliance; resource protection; fire 
control; routine, non-routine, and emergency maintenance of the covered 
line; and road and trail construction, reconstruction, and maintenance 
in support of the covered line;
    (v) Identify best management practices for vegetation management; 
the applicable minimum vegetation clearance distance; procedures for 
designating, marking, and removing or pruning hazard trees and other 
vegetation; and road and trail standards and best management practices;
    (vi) Address the types of activities that shall be allowed by the 
owner or operator upon approval of the operating plan or agreement by 
the authorized officer without additional prior written approval as a 
new, changed, or additional use or area under 36 CFR 251.61, including 
routine vegetation management and routine maintenance, and those 
activities that shall require additional prior written approval from the 
authorized officer as a new, changed, or additional use or area under 36 
CFR 251.61, including but not limited to non-routine maintenance and 
construction of roads and trails in support of the covered line;
    (vii) Specify timeframes for:
    (A) The owner or operator to notify the authorized officer of 
routine, non-routine, and emergency maintenance of the covered line and 
routine and emergency vegetation management for the covered line;
    (B) The owner or operator to request approval from the authorized 
officer of non-routine maintenance of and routine vegetation management 
for the covered line; and
    (C) The authorized officer to respond to a request by the owner or 
operator for approval of non-routine maintenance of and routine 
vegetation management for the covered line;
    (viii) Include the following procedures with regard to whether 
authorized officer approval is required for vegetation management:
    (A) Routine vegetation management. Routine vegetation management 
must have prior written approval from the authorized officer, unless all 
3 of the following conditions are met:
    (1) The owner or operator has submitted a request for approval to 
the authorized officer in accordance with the specified timeframe in the 
approved operating plan or agreement;
    (2) The proposed routine vegetation management is covered by 
approval of a proposed operating plan or agreement or by subsequent 
case-by-case environmental analysis and consultation; and
    (3) The authorized officer has failed to respond to the request in 
accordance with the specified timeframe in the approved operating plan 
or agreement.
    (B) Emergency vegetation management. Emergency vegetation management 
does not require prior written approval from the authorized officer. The 
owner or operator shall notify the authorized officer by email of the 
location and type of emergency vegetation management as soon as 
practicable, but no later than 24 hours after completion. Within 30 days 
of completion, the owner or operator shall submit to the authorized 
officer a written report detailing at a minimum the location, type, and 
scope of emergency vegetation management conducted, the reason it was 
conducted, the methods used to conduct it, and the resulting benefit;
    (ix) Include the following procedures for modification of an 
approved operating plan or agreement:
    (A) The authorized officer shall give the owner or operator of the 
covered line prior notice of any changed conditions that warrant a 
modification of the approved operating plan or agreement;
    (B) The authorized officer shall give the owner or operator an 
opportunity to submit a proposed modification of the approved operating 
plan or agreement, consistent with the procedures described in paragraph 
(h)(6) of this

[[Page 376]]

section, to address the changed conditions;
    (C) The authorized officer shall consider the proposed modification 
consistent with the procedures described in paragraph (h)(6) of this 
section; and
    (D) The owner or operator may continue to implement the approved 
operating plan or agreement to the extent it does not directly and 
adversely affect the conditions prompting the modification; and
    (x) For agreements only, reflect the relative financial resources of 
the owner or operator of the covered line compared to other owners or 
operators of a powerline facility.
    (6) Review and approval of proposed operating plans and agreements. 
Proposed operating plans and agreements shall be submitted to the 
authorized officer for review and approval in writing before they are 
implemented. Proposed operating plans and agreements shall be reviewed 
and approved in accordance with procedures developed jointly by the 
Forest Service and the United States Department of the Interior, Bureau 
of Land Management, which shall be consistent with applicable law. These 
procedures shall:
    (i) Provide that a proposed operating plan or agreement or proposed 
modification to an approved operating plan or agreement shall be 
approved, to the maximum extent practicable, within 120 days from the 
date the proposed operating plan or agreement or proposed modification 
was received by the authorized officer, with the understanding that such 
factors as the number of proposed operating plans and agreements under 
review by an authorized officer and the number of powerline facilities 
covered under a single operating plan or agreement may affect the 
practicability of approving a proposed operating plan or agreement 
within 120 days from the date of receipt; and
    (ii) Specify a timeframe for submission of applicable Agency 
comments on a proposed operating plan or agreement.
    (7) Review and expiration of approved operating plans and 
agreements. At least every 10 years from the approval date of an 
operating plan or agreement, the owner or operator shall review and, as 
necessary or appropriate, propose updates to the operating plan or 
agreement to ensure consistency with changed conditions. Proposed 
updates to an approved operating plan or agreement that are deemed 
significant by the authorized officer shall be treated as proposed 
modifications and shall be submitted by the owner or operator for review 
and approval by the authorized officer in accordance with the procedures 
described in paragraph (h)(6) of this section. Proposed updates that are 
deemed non-significant by the authorized officer may be made by written 
agreement of the owner or operator and the authorized officer. Upon 
expiration of a special use authorization for a powerline facility, the 
owner or operator shall prepare a new proposed operating plan or 
agreement, either solely or in consultation with the authorized officer, 
and shall submit it to the authorized officer for review and approval in 
accordance with the procedures described in paragraph (h)(6) of this 
section.
    (8) Reporting of requests and responses to requests for routine 
vegetation management. The Forest Service shall annually report on its 
website requests for approval of routine vegetation management pursuant 
to paragraph (h)(5)(viii)(A) of this section and responses to those 
requests.
    (9) Strict Liability. (i) Notwithstanding paragraph (d)(2) of this 
section, strict liability in tort may not be imposed on an owner or 
operator for injury or damages resulting from the authorized officer's 
unreasonably withholding or delaying approval of an operating plan or 
agreement or unreasonably failing to adhere to an applicable schedule in 
an approved operating plan or agreement.
    (ii) Notwithstanding paragraph (d)(2) of this section, for 10 years 
from March 23, 2018, strict liability in tort for injury or damages 
resulting from activities conducted by an owner or operator under an 
approved agreement may not exceed $500,000 per incident.
    (10) Forest Service directives. To enhance the reliability of the 
electric grid and to reduce the threat of wildfire damage to, and 
wildfire caused by vegetation-related conditions within or on, powerline 
facility rights-of-way and by hazard trees on abutting National

[[Page 377]]

Forest System lands, the Forest Service shall issue and periodically 
update directives in its directive system (36 CFR 200.4) to ensure that 
provisions are appropriately developed and implemented for powerline 
facility vegetation management, powerline facility inspection, and 
operation and maintenance of powerline facility rights-of-way. The 
directives shall:
    (i) Be developed in consultation with owners;
    (ii) Be compatible with mandatory reliability standards established 
by the Electric Reliability Organization;
    (iii) Consider all applicable law, including fire safety and 
electrical system reliability requirements, such as reliability 
standards established by the Electric Reliability Organization;
    (iv) Consider the 2016 Memorandum of Understanding on Vegetation 
Management for Powerline Rights-of-Way Among the Edison Electric 
Institute, Utility Arborist Association, the National Park Service, the 
U.S. Fish and Wildlife Service, the Bureau of Land Management, the 
Forest Service, and the U.S. Environmental Protection Agency, and any 
successor memorandum of understanding;
    (v) Seek to minimize the need for case-by-case approvals for routine 
vegetation management (including hazard tree felling and pruning), 
powerline facility inspection, and operation and maintenance of 
powerline facilities; and
    (vi) Provide for prompt and timely review of requests to conduct 
routine vegetation management.

[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; 85 FR 41393, July 10, 2020; 85 FR 
48476, Aug. 11, 2020; 87 FR 7950, Feb. 11, 2022]



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

[[Page 378]]

    (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 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

[[Page 379]]

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 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:

[[Page 380]]

    (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 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

[[Page 381]]

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 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.

[[Page 382]]

    (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 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

[[Page 383]]

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 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

[[Page 384]]

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 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

[[Page 385]]

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.
    (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)).

[[Page 386]]

    (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 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

[[Page 387]]

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 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

[[Page 388]]

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 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

[[Page 389]]

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 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

[[Page 390]]

Areas within the National Forest System, and similar areas designated by 
Federal statute.
    Landowner(s) means the owner(s) of non-Federal land or interests in 
land within the boundaries of the National Forest System.



Sec.  251.112  Application requirements.

    (a) A landowner shall apply for access across National Forest System 
lands in accordance with the application requirements of Sec.  251.54 of 
this part. Such application shall specifically include a statement of 
the intended mode of access to, and uses of, the non-Federal land for 
which the special-use authorization is requested.
    (b) The application shall disclose the historic access to the 
landowner's property and any rights of access which may exist over non-
federally owned land and shall provide reasons why these means of access 
do not provide adequate access to the landowners property.
    (c) The information required to apply for access across National 
Forest lands under this subpart is approved for use under subpart B of 
this part and assigned OMB control number 0596-0082.



Sec.  251.113  Instrument of authorization.

    To grant authority to construct and/or use facilities and structures 
on National Forest System lands for access to non-Federal lands, the 
authorized officer shall issue a special-use authorization in 
conformance with the provisions of subpart B of this part or a road-use 
permit. In cases where Road Rights-of-way Construction And Use 
Agreements are in effect, the authorized officer may grant an easement 
in accordance with the provisions of part 212 of this chapter.



Sec.  251.114  Criteria, terms and conditions.

    (a) In issuing a special-use authorization for access to non-Federal 
lands, the authorized officer shall authorize 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

[[Page 391]]

arrangement with the Forest Service to ensure that the landowner's 
commensurate maintenance responsibilities are met or shall make 
arrangements to have the jurisdiction and maintenance responsibility for 
the road assumed by the appropriate public road authority.
    (f) In addition to ensuring that applicable terms and conditions of 
paragraphs (a) through (e) of this section are met, the authorizing 
officer, prior to issuing any access authorization, must also ensure 
that:
    (1) The landowner has demonstrated a lack of any existing rights or 
routes of access available by deed or under State or common law;
    (2) The route is so located and constructed as to minimize adverse 
impacts on soils, fish and wildlife, scenic, cultural, threatened and 
endangered species, and other values of the Federal land;
    (3) The location and method of access is as consistent as reasonably 
possible with the management of any congressionally designated area and 
is consistent with Forest Land and Resource Management Plans or the 
plans are amended to accommodate the access grant, and;
    (4) When access routes exist across the adjacent non-Federal lands 
or the best route as determined by the authorizing officer is across 
non-Federal lands, the applicant landowner has demonstrated that all 
legal recourse to obtain reasonable access across adjacent non-Federal 
lands has been exhausted or has little chance of success.
    (g) In addition to the other requirements of this section, the 
following factors shall be considered in authorizing access to non-
federally owned lands over National Forest System lands which are 
components of the National Wilderness Preservation System:
    (1) The use of means of ingress and egress which have been or are 
being 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.

[[Page 392]]

    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 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

[[Page 393]]

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 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

[[Page 394]]

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 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.

[[Page 395]]

    (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 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]

[[Page 396]]



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 and other improvements.
254.33 Road rights-of-way.
254.34 Mineral survey fractions.
254.35 Limitations.
254.36 Determining public interest.
254.37 Conveyance of parcels 40 acres or less that no longer meet 
          National Forest System objectives.
254.38 Disposition of proceeds.
254.39 [Reserved]
254.40 Applications.
254.41 Public sale or exchange in absence of application.
254.42 Valuation of tracts.
254.43 Surveys.
254.44 Document of conveyance.



                        Subpart A_Land Exchanges

    Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 486, 516, 
551, 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

[[Page 397]]

third party in behalf of the exchange parties).
    (g) Land exchanges involving National Forest System lands are 
authorized by a number of statutes, depending upon the status 
(conditions of ownership) of such lands and the purpose for which an 
exchange is to be made. The status of National Forest System land is 
determined by the method by which the land or interests therein became 
part of the National Forest System. Unless otherwise provided by law, 
lands acquired by the United States in exchanges assume the same status 
as the Federal lands conveyed.
    (h) The Federal Land Policy and Management Act of 1976, as amended 
(43 U.S.C. 1701), is supplemental to all applicable exchange laws, 
except the cash equalization provisions of the Sisk Act of December 4, 
1967, as amended (16 U.S.C. 484a).



Sec.  254.2  Definitions.

    For the purposes of this subpart, the following terms have the 
meanings set forth in this section.
    Acquisition means the attainment of lands or interests in lands by 
the Secretary, acting on behalf of the United States, by exchange, 
purchase, donation, or eminent domain.
    Adjustment to relative values means compensation for exchange-
related costs, or other responsibilities or requirements assumed by one 
party, which ordinarily would be borne by the other party. These 
adjustments do not alter the agreed upon value of the lands involved in 
an exchange.
    Agreement to initiate means a written, nonbinding statement of 
present intent to initiate and pursue an exchange, which is signed by 
the parties and which may be amended by consent of the parties or 
terminated at any time upon written notice by any party.
    Appraisal or appraisal report means a written statement 
independently and impartially prepared by a qualified appraiser setting 
forth an opinion as to the market value of the lands or interests in 
lands as of a specific date(s), supported by the presentation and 
analysis of relevant market information.
    Approximately equal value means a comparative estimate of value of 
the lands involved in an exchange which have readily apparent and 
substantially similar elements of value, such as location, size, use, 
physical characteristics, and other amenities.
    Arbitration is a process to resolve a disagreement among the parties 
as to appraised value, performed by an arbitrator appointed by the 
Secretary from a list recommended by the American Arbitration 
Association.
    Assembled land exchange means an exchange of Federal land for a 
package of multiple ownership parcels of non-Federal land consolidated 
for purposes of one land exchange transaction.
    Authorized officer means a Forest Service line or staff officer who 
has been delegated the authority and responsibility to make decisions 
and perform the duties described in this subpart.
    Bargaining is a process other than arbitration, by which parties 
attempt to resolve a dispute concerning the appraised value of the lands 
involved in an exchange.
    Federal lands means any lands or interests in lands, such as mineral 
and timber interests, that are owned by the United States and 
administered by the Secretary of Agriculture through the Chief of the 
Forest Service, without regard to how the United States acquired 
ownership.
    Hazardous substances are those substances designated under 
Environmental Protection Agency regulations at 40 CFR part 302.
    Highest and best use means an appraiser's supported opinion of the 
most probable and legal use of a property, based on market evidence, as 
of the date of valuation.
    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.

[[Page 398]]

    Mineral laws means the mining and mineral leasing laws applicable to 
Federally owned lands and minerals reserved from the public domain for 
national forest purposes and the Geothermal Steam Act of 1970 (30 U.S.C. 
1001 et seq.), but not the Materials Act of 1947 (30 U.S.C. 601 et 
seq.).
    Outstanding interests are rights or interests in property held by an 
entity other than a party to an exchange.
    Party means the United States or any person, State, or local 
government who enters into an agreement to initiate an exchange.
    Person means any individual, corporation, or other legal entity 
legally capable to hold title to and convey land. An individual must be 
a citizen of the United States and a corporation must be subject to the 
laws of the United States or of the State where the land is located or 
the corporation is incorporated. No Member of Congress may participate 
in a land exchange with an agency of the United States, as set forth in 
18 U.S.C. 431-433.
    Public land laws means that body of non-mineral land laws dealing 
with the disposal of National Forest System lands administered by the 
Secretary of Agriculture.
    Reserved interest means an interest in real property retained by a 
party from a conveyance of the title to that property.
    Resource values means any of the various commodity values or non-
commodity values, such as wildlife habitat and aesthetics, contained 
within land interests, surface and subsurface.
    Secretary means the Secretary of Agriculture or the individual to 
whom responsibility has been delegated.
    Segregation means the removal for a limited period, subject to valid 
existing rights, of a specified area of the Federal lands from 
appropriation under the public land laws and mineral laws, pursuant to 
the authority of the Secretary of the Interior to allow for the orderly 
administration of the Federal lands.
    Statement of value means a written report prepared by a qualified 
appraiser in conformance with the minimum standards of the Uniform 
Standards of Professional Appraisal Practice that states the appraiser's 
conclusion(s) of value.



Sec.  254.3  Requirements.

    (a) Discretionary nature of exchanges. The Secretary is not required 
to exchange any Federal lands. Land exchanges are discretionary, 
voluntary real estate transactions between the Federal and non-Federal 
parties. Unless and until the parties enter into a binding exchange 
agreement, any party may withdraw from and terminate an exchange 
proposal at any time during the exchange process.
    (b) Determination of public interest. The authorized officer may 
complete an exchange only after a determination is made that the public 
interest will be well served.
    (1) Factors to consider. When considering the public interest, the 
authorized officer shall give full consideration to the opportunity to 
achieve better management of Federal lands and resources, to meet the 
needs of State and local residents and their economies, and to secure 
important objectives, including but not limited to: protection of fish 
and wildlife habitats, cultural resources, watersheds, and wilderness 
and aesthetic values; enhancement of recreation opportunities and public 
access; consolidation of lands and/or interests in lands, such as 
mineral and timber interests, for more logical and efficient management 
and development; consolidation of split estates; expansion of 
communities; accommodation of existing or planned land use 
authorizations (Sec.  254.4(c)(4); promotion of multiple-use values; 
implementation of applicable Forest Land and Resource Management Plans; 
and fulfillment of public needs.
    (2) Findings. To determine that an exchange well serves the public 
interest, the authorized officer must find that--
    (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.

[[Page 399]]

    (3) Documentation. The findings and the supporting rationale shall 
be documented and made part of the administrative record.
    (c) Equal value exchanges. Except as provided in Sec.  254.11 of 
this subpart, lands or interests to be exchanged must be of equal value 
or equalized in accordance with the methods set forth in Sec.  254.12 of 
this subpart. An exchange of lands or interests shall be based on market 
value as determined by the Secretary through appraisal(s), through 
bargaining based on appraisal(s), through other acceptable and commonly 
recognized methods of determining market value, or through arbitration.
    (d) Same-State exchanges. Unless otherwise provided by statute, the 
Federal and non-Federal lands involved in an exchange must be located 
within the same State.
    (e) Congressional designations. Upon acceptance of title by the 
United States, lands acquired by the Secretary of the Interior by 
exchange under the authority granted by the Federal Land Policy and 
Management Act of 1976, as amended, which are within the boundaries of 
any unit of the National Forest System, the National Wild and Scenic 
Rivers System, the National Trails System, the National Wilderness 
Preservation System, or any other system established by Act of Congress; 
or the boundaries of any national conservation area or national 
recreation area established by Act of Congress, immediately are reserved 
for and become a part of the unit or area in which they are located, 
without further action by the Secretary of the Interior, and, 
thereafter, shall be managed in accordance with all laws, rules, 
regulations, and land resource management plans applicable to such unit 
or area.
    (f) Land and resource management planning. The authorized officer 
shall consider only those exchange proposals that are consistent with 
land and resource management plans (36 CFR part 219). Lands acquired by 
exchange that are located within areas having an administrative 
designation established through the land management planning process 
shall automatically become part of the area within which they are 
located, without further action by the Forest Service, and shall be 
managed in accordance with the laws, rules, regulations, and land and 
resource management plan applicable to such area.
    (g) Environmental analysis. After an agreement to initiate an 
exchange is signed, the authorized officer shall undertake an 
environmental analysis in accordance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4371), the Council on Environmental 
Quality regulations (40 CFR parts 1500-1508), and Forest Service 
environmental policies and procedures (Forest Service Manual Chapter 
1950 and Forest Service Handbook 1909.15). In making this analysis, the 
authorized officer shall consider timely written comments received in 
response to the exchange notice published pursuant to Sec.  254.8 of 
this subpart.
    (h) Reservations or restrictions in the public interest. In any 
exchange, the authorized officer shall reserve such rights or retain 
such interests as are needed to protect the public interest or shall 
otherwise restrict the use of Federal lands to be exchanged, as 
appropriate. The use or development of lands conveyed out of Federal 
ownership are subject to any restrictions imposed by the conveyance 
documents and all laws, regulations, and zoning authorities of State and 
local governing bodies.
    (i) Hazardous substances--(1) Federal lands. The authorized officer 
shall determine whether hazardous substances are known to be present on 
the Federal lands involved in the exchange and shall provide notice of 
known storage, release, or disposal of hazardous substances on the 
Federal lands in the contract agreement and in the conveyance document, 
pursuant to 40 CFR part 373 and 42 U.S.C. 9620. For 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

[[Page 400]]

conveyance document from the United States must contain a covenant 
warranting that all remedial action necessary to protect human health 
and the environment with respect to any such substances remaining on the 
property has been taken before the date of transfer and that any 
additional remedial action found necessary after the transfer shall be 
conducted by the United States, pursuant to 42 U.S.C. 9620(h)(3). The 
conveyance document must also reserve to the United States the right of 
access to the conveyed property if remedial or corrective action is 
required after the date of transfer. Where the non-Federal party is a 
potentially responsible party with respect to the property, it may be 
appropriate to enter into an agreement as referenced in 42 U.S.C. 
9607(e) whereby that party would indemnify the United States and hold 
the United States harmless against any loss or cleanup costs after 
conveyance.
    (2) Non-Federal lands. The non-Federal party shall notify the 
authorized officer of any hazardous substances known to have been 
released, stored, or disposed of on the non-Federal land, pursuant to 
Sec.  254.4 of this subpart. Notwithstanding such notice, the authorized 
officer shall determine whether hazardous substances are known to be 
present on the non-Federal land involved in an exchange. If hazardous 
substances are known or believed to be present on the non-Federal land, 
the authorized officer shall reach an agreement with the non-Federal 
party regarding the responsibility for appropriate response action 
concerning the hazardous substances before completing the exchange. The 
terms of this agreement and any appropriate ``hold harmless agreement'' 
shall be included in an exchange agreement, pursuant to Sec.  254.14 of 
this subpart.
    (j) Legal description of properties. All lands subject to an 
exchange must be properly described on the basis of either a survey 
executed in accordance with the Public Land Survey System laws and 
standards of the United States or, if those laws and standards cannot be 
applied, the lands shall be properly described and clearly locatable by 
other means as may be prescribed or allowed by law.
    (k) Special review. Except as provided in this paragraph, land 
acquisitions of $150,000 or more in value made under the authority of 
the Weeks Act of March 1, 1911, as amended (16 U.S.C. 516), must be 
submitted to Congress for oversight review, pursuant to the Act of 
October 22, 1976, as amended (16 U.S.C. 521b). However, minor and 
insignificant changes in land acquisition proposals need not be 
resubmitted for congressional oversight, provided the general concept of 
and basis for the acquisition remain the same.



Sec.  254.4  Agreement to initiate an exchange.

    (a) Exchanges may be proposed by the Forest Service or by any 
person, State, or local government. Initial exchange proposals should be 
directed to the authorized officer responsible for the management of 
Federal lands proposed for exchange.
    (b) To assess the feasibility of an exchange proposal, the 
prospective parties may agree to obtain a preliminary estimate of the 
values of the lands involved in the proposal. A qualified appraiser must 
prepare the preliminary estimate.
    (c) If the authorized officer agrees to proceed with an exchange 
proposal, all prospective parties shall execute a nonbinding agreement 
to initiate an exchange. At a minimum, the agreement must include:
    (1) The identity of the parties involved in the proposed exchange 
and the status of their ownership or ability to provide title to the 
land;
    (2) A description of the lands or interest in lands being considered 
for exchange;
    (3) A statement by a party, other than the United States and State 
and 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;

[[Page 401]]

    (5) A time schedule for completing the proposed exchange;
    (6) An assignment of responsibility for performance of required 
functions and for costs associated with processing the exchange;
    (7) A statement specifying whether compensation for costs assumed 
will be allowed pursuant to the provisions of Sec.  254.7 of this 
subpart;
    (8) Notice of any known release, storage, or disposal of hazardous 
substances on involved Federal or non-Federal lands and any commitments 
regarding responsibility for removal or other remedial actions 
concerning such substances on involved non-Federal lands (Sec.  254.3(i) 
and Sec.  254.14);
    (9) A grant of permission by each party to physically examine the 
lands offered by the other party;
    (10) The terms of any assembled land exchange arrangement, pursuant 
to Sec.  254.5 of this subpart;
    (11) A statement as to the arrangements for relocation of any 
tenants occupying non-Federal lands pursuant to Sec.  254.15 of this 
subpart;
    (12) A notice to an owner-occupant of the voluntary basis for the 
acquisition of the non-Federal lands, pursuant to Sec.  254.15 of this 
subpart; and
    (13) A statement as to the manner in which documents of conveyance 
will be exchanged, should the exchange proposal be successfully 
completed.
    (d) Unless the parties agree to some other schedule, no later than 
90 days from the date of the executed agreement to initiate an exchange, 
the parties shall arrange for appraisals which are to be completed 
within timeframes and under such terms as are negotiated. In the absence 
of current market information reliably supporting value, the parties may 
agree to use other acceptable and commonly recognized methods to 
estimate value.
    (e) An agreement to initiate may be amended by consent of the 
parties or terminated at any time upon written notice by any party.
    (f) Entering into an agreement to initiate an exchange does not 
legally bind any party to proceed with processing or to consummate a 
proposed exchange, or to reimburse or pay damages to any party to a 
proposed exchange that is not consummated or to anyone doing business 
with any such party.
    (g) The withdrawal from an exchange proposal by 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:

[[Page 402]]

    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (2) On the date and time specified in an opening order, published in 
the Federal Register by the appropriate BLM State Office, if a decision 
is made not to proceed with the exchange or upon removal of any lands 
from the exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation on the public land records, 
whichever occurs first.



Sec.  254.7  Assumption of costs.

    (a) Generally, each party to an exchange will bear their own costs 
of the exchange. However, if the authorized officer finds it is in the 
public interest as specified in paragraph (b) of this section, an 
agreement to initiate an exchange may provide that:
    (1) One or more of the parties may assume, without compensation, all 
or part of the costs or other responsibilities or requirements that the 
authorized officer determines would ordinarily be borne by the other 
parties; or
    (2) Subject to the limitation in paragraph (c) of this section, the 
parties may agree to make adjustments to the relative values involved in 
an exchange transaction, in order to compensate parties for assuming 
costs or other responsibilities or requirements that the authorized 
officer determines would ordinarily be borne by the other parties. These 
costs or services may include but are not limited to: land surveys; 
appraisals; mineral examinations; timber cruises; title searches; title 
curative actions; cultural resource surveys and mitigation; hazardous 
substance surveys and controls; removal of encumbrances; arbitration, 
including all fees; bargaining; cure of deficiencies preventing highest 
and best use of the land; conduct of public hearings; assemblage of non-
Federal parcels from multiple ownerships; and the expenses of complying 
with laws, regulations, and policies applicable to exchange 
transactions, or which are necessary to bring the Federal and non-
Federal lands involved in the exchange to their highest and best use for 
appraisal and exchange purposes.
    (b) As a condition of an agreement to initiate, the authorized 
officer may agree to assume without compensation costs ordinarily borne 
by the non-Federal party or to compensate the non-Federal party for 
assuming Federal costs only on an exceptional basis when it is clearly 
in the public interest and when the authorized officer determines and 
documents that each of the following circumstances exist:
    (1) The amount of such cost assumed or compensation is reasonable 
and accurately reflects the value of the cost or service provided, or 
any responsibility and requirement assumed;
    (2) The proposed exchange is a high priority of the agency;
    (3) The land exchange must be expedited to protect important Federal 
resource values, such as congressionally designated areas or endangered 
species habitat;
    (4) Cash equalization funds are available for compensation of the 
non-Federal party; and
    (5) There are no other practicable means available to the authorized 
officer for meeting Federal exchange processing costs, responsibilities, 
or requirements.
    (c) The total amount of an adjustment agreed to as compensation for 
costs pursuant to this section shall not exceed the limitations set 
forth in Sec.  254.12(b) of this subpart.

[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



Sec.  254.8  Notice of exchange proposal.

    (a) Upon entering into an agreement to initiate an exchange, the 
authorized officer shall publish a notice once a week for four 
consecutive weeks in newspapers of general circulation in the counties 
in which the Federal and non-Federal lands or interests proposed for 
exchange are located. The authorized officer shall notify authorized 
users, the jurisdictional State and 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;

[[Page 403]]

    (2) A description of the Federal and non-Federal lands being 
considered for exchange;
    (3) A statement as to the effect of segregation from appropriation 
under the public land laws and mineral laws, if applicable;
    (4) An invitation to the public to submit in writing any comments on 
or concerns about the exchange proposal, including advising the agency 
as to any liens, encumbrances, or other claims relating to the lands 
being considered for exchange; and
    (5) The deadline by which comments must be received, and the name, 
title, and address of the official to whom comments must be sent and 
from whom additional information may be obtained.
    (b) To be assured of consideration in the environmental analysis of 
the proposed exchange, all comments must be made in writing to the 
authorized officer and postmarked or delivered within 45 days after the 
initial date of publication.
    (c) The authorized officer is not required to republish legal 
descriptions of any lands that may be excluded from the final exchange 
transaction, provided such lands were identified in the notice of 
exchange proposal. In addition, minor corrections of land descriptions 
and other insignificant changes do not require republication.



Sec.  254.9  Appraisals.

    The Federal and non-Federal parties to an exchange shall comply with 
the appraisal standards as set forth in paragraphs (a) through (d) of 
this section, and, to the extent appropriate, with the Uniform Appraisal 
Standards for Federal Land Acquisitions: Interagency Land Acquisition 
Conference 1992 (Washington, DC, 1992), ISBN 0-16-038050-2 when 
appraising the values of the Federal and non-Federal lands involved in 
an exchange.
    (a) Appraiser qualifications. (1) A qualified appraiser(s) shall 
provide to the authorized officer appraisals estimating the market value 
of Federal and non-Federal properties involved in an exchange. A 
qualified appraiser may be an employee or a contractor to the Federal or 
non-Federal exchange parties. At a minimum, a qualified appraiser shall 
be an individual agreeable to all parties and approved by the authorized 
officer, who is competent, reputable, impartial, and has training and 
experience in appraising property similar to the property involved in 
the appraisal assignment.
    (2) Qualified appraisers shall possess qualifications consistent 
with State regulatory requirements that meet the intent of Title XI, 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 
(FIRREA) (12 U.S.C. 3331). In the event a State or Territory does not 
have approved policies, practices, and procedures regulating the 
activities of appraisers, the Forest Service may establish appraiser 
qualification standards commensurate with those generally adopted by 
other States or Territories meeting the requirements of FIRREA.
    (b) Market value. (1) In estimating market value, the appraiser 
shall:
    (i) Determine the highest and best use of the property to be 
appraised;
    (ii) Estimate the value of the lands and interests as if in private 
ownership and available for sale in the open market;
    (iii) Include historic, wildlife, recreation, wilderness, scenic, 
cultural, or other resource values or amenities as reflected in prices 
paid for similar properties in the competitive market;
    (iv) Consider the contributory value of any interest in land such as 
water rights, minerals, or timber, to the extent they are consistent 
with the highest and best use of the property; and
    (v) If stipulated in the agreement to initiate in accordance with 
Sec.  254.4 of this subpart, estimate separately the value of each 
property optioned or acquired from multiple ownerships by the non-
Federal party for purposes of exchange, pursuant to Sec.  254.5 of this 
subpart. In this case, the appraiser also must estimate the value of the 
Federal 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

[[Page 404]]

    (ii) The valuation is compatible with the highest and best use of 
the property.
    (3) In the absence of current market information reliably supporting 
value, the authorized officer may use other acceptable and commonly 
recognized methods to determine market value.
    (c) Appraisal report standards. Appraisals prepared for exchange 
purposes must contain the following minimum information:
    (1) A summary of facts and conclusions;
    (2) The purpose and/or the function of the appraisal, a definition 
of the estate being appraised, and a statement of the assumptions and 
limiting conditions affecting the appraisal assignment, if any;
    (3) An explanation of the extent of the appraiser's research and 
actions taken to collect and confirm information relied upon in 
estimating value;
    (4) An adequate description of the physical characteristics of the 
land being appraised; a statement of all encumbrances; title 
information; location, zoning, and present use; an analysis of highest 
and best use; and at least a 5-year sales history of the property;
    (5) A disclosure of any condition that is observed during the 
inspection of the property or becomes known to the appraiser through the 
normal research which would lead the appraiser to believe that hazardous 
substances may be present on the property being appraised;
    (6) A comparative market analysis and, if more than one method of 
valuation is used, an analysis and reconciliation of the methods used to 
support the appraiser's estimate of value;
    (7) A description of comparable sales, including a description of 
all relevant physical, legal, and economic factors such as parties to 
the transaction, source and method of financing, effect of any favorable 
financing on sale price, and verification by a party involved in the 
transaction;
    (8) An estimate of market value;
    (9) The effective date of valuation, date of appraisal, signature, 
and certification of the appraiser;
    (10) A certification by the appraiser to the following:
    (i) The appraiser has personally contacted the property owner or 
designated representative and offered the owner an opportunity to be 
present during inspection of the property;
    (ii) The appraiser has personally examined the subject property and 
all comparable sale properties relied upon in the report;
    (iii) The appraiser has no present or prospective interest in the 
appraised property; and
    (iv) The appraiser has not received compensation that was contingent 
on the analysis, opinions, or conclusions contained in the appraisal 
report; and
    (11) Copies of relevant written reports, studies, or summary 
conclusions prepared by others in association with the appraisal 
assignment which were relied upon by the appraiser to estimate value, 
which may include, but is not limited to, current title reports, mineral 
reports, or timber cruises prepared by qualified specialists.
    (d) Appraisal review. (1) Appraisal reports shall be reviewed by a 
qualified review appraiser meeting the qualifications set forth in 
paragraph (a) of this section. Statements of value prepared by agency 
appraisers are not subject to this review.
    (2) The review appraiser shall determine whether the appraisal 
report:
    (i) Is complete, logical, consistent, and supported by market 
analysis;
    (ii) Complies with the standards prescribed in paragraph (c) of this 
section; and
    (iii) Reasonably estimates the probable market value of the lands 
appraised.
    (3) The review appraiser shall prepare a written review report, 
containing at a minimum:
    (i) A description of the review process used;
    (ii) An explanation of the adequacy, relevance, and reasonableness 
of the 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

[[Page 405]]

property which is the subject of the review report; and
    (B) The review appraiser has not received compensation that was 
contingent upon approval of the appraisal report.



Sec.  254.10  Bargaining; arbitration.

    (a) Unless the parties to an exchange agree in writing to suspend or 
modify the deadlines contained in paragraphs (a)(1) through (a)(4) of 
this section, the parties shall adhere to the following:
    (1)(i) Within 180 days from the date of receipt of the appraisal(s) 
for review and approval by the authorized officer, the parties to an 
exchange may agree on the appraised values or may initiate a process of 
bargaining or some other process to determine values. Bargaining or any 
other process must be based on an objective analysis of the valuation in 
the appraisal report(s) and is a means of reconciling differences in 
such report(s). Bargaining or another process to determine values may 
involve one or more of the following actions:
    (A) Submission of the disputed appraisal(s) to another qualified 
appraiser for review:
    (B) Request for additional appraisals;
    (C) Involvement of an impartial third party to facilitate resolution 
of the value disputes, or
    (D) Use of some other acceptable and commonly recognized practice 
for resolving value disputes.
    (ii) Any agreement based upon bargaining must be in writing and made 
part of the administrative record of the exchange. Such agreement must 
contain a reference to all relevant appraisal information and state how 
the parties reconciled or compromised appraisal information to arrive at 
an agreement based on market value.
    (2) If within 180 days from the date of receipt of the appraisal(s) 
for review and approval by the authorized officer, the parties to an 
exchange cannot agree on values but wish to continue with the land 
exchange, the appraisal(s), at the initiative of either party, must be 
submitted to arbitration, unless, in lieu of arbitration, the parties 
have employed a process of bargaining or some other process to determine 
values. If arbitration occurs, it must be conducted in accordance with 
the real estate valuation arbitration rules of the American Arbitration 
Association. The Secretary or an official to whom such authority has 
been delegated shall appoint an arbitrator from a list provided by the 
American Arbitration Association.
    (3) Within 30 days after completion of arbitration, the parties 
involved in the exchange must determine whether to proceed with the 
exchange, modify the exchange to reflect the findings of the arbitration 
or any other factors, or withdraw from the exchange. A decision to 
withdraw from the exchange may be made upon written notice by either 
party at this time or at any other time prior to entering into a binding 
exchange agreement.
    (4) If the parties agree to proceed with an exchange after 
arbitration, the values established by arbitration are binding upon all 
parties for a period not to exceed 2 years from the date of the 
arbitration decision.
    (b) Arbitration is limited to the disputed valuation of the lands 
involved in a proposed exchange and an arbitrator's award decision is 
limited to the value estimate(s) of the contested appraisal(s). An 
arbitrator may not include in an award decision recommendations 
regarding the terms of a proposed exchange, nor may an arbitrator's 
award decision infringe upon the authority of the Secretary to make all 
decisions regarding management of Federal lands and to make public 
interest determinations.



Sec.  254.11  Exchanges at approximately equal value.

    (a) The authorized officer may exchange lands which are of 
approximately equal value upon a determination that:
    (1) The exchange is in the public interest and the consummation of 
the proposed exchange will be expedited;
    (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;

[[Page 406]]

    (3) The Federal and non-Federal lands are substantially similar in 
location, acreage, use, and physical attributes; and
    (4) There are no significant elements of value requiring complex 
analysis.
    (b) The authorized officer, not the non-Federal party, determines 
whether the Federal and non-Federal lands are approximately equal in 
value and must document how the determination was made.



Sec.  254.12  Value equalization; cash equalization waiver.

    (a) To equalize the agreed upon values of the Federal and non-
Federal lands involved in an exchange, either with or without 
adjustments of relative values as compensation for various costs, the 
parties to an exchange may agree to:
    (1) Modify the exchange proposal by adding or excluding lands; and/
or
    (2) Use cash equalization, after making all reasonable efforts to 
equalize values by adding or deleting lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under Sec.  
254.7 of this subpart may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (c) The Secretary of Agriculture may not waive cash equalization 
payment due the United States, but the parties may agree to waive cash 
equalization payment due the non-Federal party. The amount to be waived 
may not exceed 3 percent of the value of the lands being exchanged out 
of Federal ownership or $15,000, whichever is less.
    (d) A cash equalization payment may be waived only after the 
authorized officer certifies, in writing, that the waiver will expedite 
the exchange and that the public interest will be best served by the 
waiver.



Sec.  254.13  Approval of exchanges; notice of decision.

    (a) Upon completion of all environmental analyses and appropriate 
documentation, appraisals, and all other supporting studies and 
requirements to determine if a proposed exchange is in the public 
interest and in compliance with applicable law and regulations, the 
authorized officer shall decide whether to approve an exchange proposal.
    (1) When a decision to approve or disapprove an exchange is made, 
the authorized officer shall publish a notice of the availability of the 
decision in newspapers of general circulation. At a minimum, the notice 
must include:
    (i) The date of decision;
    (ii) A concise description of the decision;
    (iii) The name and title of the deciding official;
    (iv) Directions for obtaining a copy of the decision; and
    (v) The date of the beginning of the appeal period.
    (2) The authorized officer shall distribute notices to the State and 
local governmental subdivisions having authority in the geographical 
area within which the lands covered by the notice are located, the non-
Federal exchange parties, authorized users of involved Federal lands, 
the congressional delegation, and individuals who requested notification 
or filed written objections, and others as appropriate.
    (b) 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;

[[Page 407]]

    (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]



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).

[[Page 408]]

    (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]



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

[[Page 409]]

pursuant to 5 CFR part 1320 and assigned OMB Control Number 0596-0105.

[59 FR 10867, Mar. 8, 1994; 59 FR 15501, Apr. 1, 1994]



                   Subpart B_National Forest Townsites

    Authority: Pub. L. 85-569; 72 Stat. 438; 16 U.S.C. 478a, as amended 
by sec. 213, Pub. L. 94-579; 90 Stat. 2743.

    Source: 50 FR 29673, July 22, 1985, unless otherwise noted.



Sec.  254.20  Purpose and scope.

    (a) A Forest Service official may, upon application, set aside and 
designate for townsite purposes up to 640 acres of National Forest 
System lands adjacent to or contiguous to an established community in 
Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New 
Mexico, Oregon, Utah, Washington, and Wyoming.
    (b) National Forest System lands, needed by a community, may be sold 
under the Townsite Act, for fair market value if those lands would serve 
indigenous community objectives that outweigh the public objectives and 
values of retaining the lands in Federal ownership. Indigenous community 
objectives may include space for housing and for service industries, 
expansion of existing economic enterprises, new industries utilizing 
local resources and skills, public schools, public health facilities, 
community parks, and other recreation areas for local citizens, but 
would exclude such uses as commercial enterprises or new industries and 
housing projects that would change the character of the local community.



Sec.  254.21  Applications.

    (a) An application to purchase National Forest System lands--
    (1) Must be made by designated officials) authorized to do business 
in the name of a county, city, or local governmental subdivision;
    (2) May be in the form of a letter, ordinance, or resolution;
    (3) Must be furnished to the District Ranger or the Forest 
Supervisor for the National Forest area in which the lands are situated; 
and
    (4) Must be limited to 640 acres or less adjacent to an established 
community.
    (b) An application must be accompanied by--
    (1) A description of the land desired; and
    (2) A development plan, consisting of a narrative statement and map, 
which gives a detailed description of the intended use of the site and 
how essential community needs will be met by the purchase.



Sec.  254.22  Designation and public notice.

    (a) A Forest Service official must--
    (1) Ensure the application meets the requirements of Sec.  254.21;
    (2) Process an order to set aside and designate the lands for 
townsite purposes; and
    (3) Transmit, where applicable, a copy of the designation order to 
the State Director, Bureau of Land Management.
    (b) The designation order will segregate the lands from other forms 
of entry as long as the application remains in force.
    (c) The designation order does not preclude compatible land 
adjustments under the Secretary's authority within the area set aside.
    (d) A Forest Service official must prepare a public notice of the 
proposed townsite sale to be inserted once a week for 4 consecutive 
weeks in a local newspaper:
    (1) The notice shall include descriptive information on the proposed 
townsite sale and identify the applicant and responsible Forest Service 
official; and
    (2) A period of 45 days, from first date of publication, must be 
provided for accepting public comments.



Sec.  254.23  Studies, assessments, and approval.

    (a) After initial public notice has been published, a Forest Service 
official must conduct the necessary studies and assessments to--
    (1) Determine if the applicant has made a satisfactory showing that 
the land will meet essential community needs resulting from internal 
growth;

[[Page 410]]

    (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 posting of National Forest 
System land.



Sec.  254.26  Appraisal.

    Fair market value of townsite tracts shall be determined following 
Forest Service appraisal procedures and the Uniform Standards for 
Federal Acquisitions.



                  Subpart C_Conveyance of Small Tracts

    Authority: Pub. L. 97-465; 96 Stat. 2535.

    Source: 49 FR 1185, Jan. 10, 1984, unless otherwise noted.



Sec.  254.30  Purpose.

    These regulations set forth procedures by which the Secretary of 
Agriculture may resolve land disputes and management problems pursuant 
to Pub. L. 97-465, commonly called the Small Tracts Act, by conveying, 
through sale, exchange, or interchange, three categories of tracts of 
land: Parcels encroached on, road rights-of-way, and mineral survey 
fractions. Implementation of these regulations does not constitute 
authorization of nor consent to adverse possession against lands 
administered by the Secretary of Agriculture.



Sec.  254.31  Definitions.

    For the purpose of this subpart,
    An applicant is a person who occupies or has improvements on 
National Forest System land under claim of title or color of title, or 
who owns land abutting or underlying a road right-of-way, or who owns 
land interspersed with or adjacent to mineral survey fractions.
    Approximately equal value is a comparative estimate of value of 
lands involved in an interchange where elements of value, such as 
physical characteristics and other amenities, are readily apparent and 
substantially similar.
    Claim of title is a claim of land as a person's own, based on any 
reasonable evidence which establishes the person's actual use of the 
land as though the

[[Page 411]]

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.
    Permanent Habitable Improvement means a dwelling, improvement, 
house, or other structure presently being used as a residence or 
domicile for a lasting or indefinite period of time.
    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.

[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 60916, Sept. 29, 2020]



Sec.  254.32  Encroachments and other improvements.

    (a) This subpart allows conveyance of parcels of 10 acres or less, 
which will resolve encroachments by persons on National Forest System 
lands:
    (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) This subpart also allows conveyance of parcels of 10 acres or 
less that are not eligible for conveyance under subsection (a) but are 
encroached on by a permanent habitable improvement for which there is no 
evidence that the encroachment was intentional or negligent.
    (c) Forest Service officials shall consider the following factors 
when determining whether to convey lands upon which encroachments exist 
under subsections (a) and (b):
    (1) The location of the property boundaries based on historical 
location and continued acceptance and maintenance,
    (2) Factual evidence of claim of title or color of title,
    (3) Notice given to persons encroaching on National Forest System 
lands,
    (4) Degree of development in the encroached upon area, and
    (5) Creation of an uneconomic remnant.
    (d) This subpart also allows conveyance of parcels that are used as 
a cemetery (including a parcel of not more than one acre adjacent to the 
parcel used as a cemetery), a landfill, or a sewage treatment plant 
under a special use authorization issued or otherwise authorized by a 
Forest Service official.

[85 FR 60916, Sept. 29, 2020]



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.

[[Page 412]]



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 $500,000.
    (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, as amended at 85 
FR 8181, Feb. 13, 2020]



Sec.  254.36  Determining public interest.

    (a) All pertinent requirements of this subpart must be met before a 
determination of public interest is made.
    (b) Before a conveyance is made under this subpart, such conveyance 
must be determined to be in the public interest.
    (c) Forest Service officials shall consider the following criteria 
in determining when the public interest will be served:
    (1) Sale, exchange, or interchange of the affected lands is not 
practicable under any other authority of the Secretary;
    (2) Administration and management of National Forest System lands 
will be more efficient and will result in improved utilization;
    (3) Access to and use and enjoyment of National Forest System lands 
by the general public will not be unduly impeded or restricted;
    (4) New or extensive inholdings which would create management 
problems will not be established;
    (5) Scenic, wildlife, environmental, historical, archaeological, or 
cultural values will not be substantially affected or impaired;
    (6) Existence of structures authorized under a special use permit or 
easement, and
    (7) Applicable Federal, State, and local laws, rules, regulations, 
and zoning ordinances will not be violated.

[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 8181, Feb. 13, 2020]



Sec.  254.37  Conveyance of parcels 40 acres or less that no longer meet
National Forest System objectives.

    (a) This subpart allows conveyance of parcels of 40 acres or less 
that are determined by Forest Service officials to:
    (1) be physically isolated from other Federal land; or
    (2) be inaccessible; or
    (3) have lost National Forest character.
    (b) [Reserved]

[85 FR 60916, Sept. 29, 2020]

[[Page 413]]



Sec.  254.38  Disposition of proceeds.

    (a) The net proceeds derived from any sale or exchange of parcels in 
Sec.  254.32(b) and (d) and Sec.  254.37 shall be deposited in the fund 
commonly known as the ``Sisk Act'' account.
    (b) Amounts deposited shall be available until expended for:
    (1) Acquisition of land or interests in land for administrative 
sites for the National Forest System in the State from which the amounts 
were derived; or
    (2) Acquisition of land or interests in land for inclusion in the 
National Forest System in that State, including land or interests in 
land that enhance opportunities for recreational access.
    (3) Reimbursement for costs incurred in preparing a sale conducted 
under Sec.  254.37 if the sale is a competitive sale.

[85 FR 8181, Feb. 13, 2020, as amended at 85 FR 60916, Sept. 29, 2020]



Sec.  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.

[[Page 414]]



PART 261_PROHIBITIONS--Table of Contents



                     Subpart A_General Prohibitions

Sec.
261.1 Scope.
261.1a Special use authorizations, contracts and operating plans.
261.1b Penalty.
261.2 Definitions.
261.3 Interfering with a Forest Officer, volunteer, or human resource 
          program enrollee or giving false report to a Forest Officer.
261.4 Disorderly conduct.
261.5 Fire.
261.6 Timber and other forest products.
261.7 Livestock.
261.8 Fish and wildlife.
261.9 Property.
261.10 Occupancy and use.
261.11 Sanitation.
261.12 National Forest System roads and trails.
261.13 Motor vehicle use.
261.14 Over-snow vehicle use.
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. 460l-6d, 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]

[[Page 415]]



Sec.  261.1a  Special use authorizations, contracts and operating plans.

    The Chief, each Regional Forester, each Forest Supervisor, and each 
District Ranger or equivalent officer may issue special-use 
authorizations, award contracts, or approve operating plans authorizing 
the occupancy or use of a road, trail, area, river, lake, or other part 
of the National Forest System in accordance with authority which is 
delegated elsewhere in this chapter or in the Forest Service Manual. 
These Forest Officers may permit in the authorizing document or approved 
plan an act or omission that would otherwise be a violation of a subpart 
A or subpart C regulation or a subpart B order. In authorizing such 
uses, the Forest Officer may place such conditions on the authorization 
as that officer considers necessary for the protection or administration 
of the National Forest System, or for the promotion of public health, 
safety, or welfare.

[49 FR 25450, June 21, 1984]



Sec.  261.1b  Penalty.

    Any violation of the prohibitions of this part (261) shall be 
punished by a fine of not more than $500 or imprisonment for not more 
than six months or both pursuant to title 16 U.S.C., section 551, unless 
otherwise provided.

[46 FR 33519, June 30, 1981]



Sec.  261.2  Definitions.

    The following definitions apply to this part:
    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, except for over-snow vehicle use, 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

[[Page 416]]

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 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.
    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.

[[Page 417]]

    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 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

[[Page 418]]

Sections Affected, which appears in the Finding Aids section of the 
printed volume and at www.govinfo.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 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

[[Page 419]]

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 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

[[Page 420]]

cave, except as authorized to protect a cave resource.

[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 59 
FR 31152, June 17, 1994]



Sec.  261.9  Property.

    The following are prohibited:
    (a) Damaging any natural feature or other property of the United 
States.
    (b) Removing any natural feature or other property of the United 
States.
    (c) Damaging any plant that is classified as a threatened, 
endangered, 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 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; 80 FR 21629, 
Apr. 17, 2015]



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

[[Page 421]]

special-use authorization when such authorization is required.
    (l) Violating any term or condition of a special-use authorization, 
contract or approved operating plan.
    (m) Failing to stop a vehicle when directed to do so by a Forest 
Officer.
    (n) Failing to pay any special use fee or other charges as required.
    (o) Discharging or igniting a firecracker, rocket or other firework, 
or explosive into or within any cave.
    (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]

[[Page 422]]



Sec.  261.14  Over-snow vehicle use.

    After National Forest System roads, National Forest System trails, 
and areas on National Forest System lands have been designated for over-
snow vehicle use pursuant to 36 CFR 212.81 on an administrative unit or 
a Ranger District of the National Forest System, and these designations 
have been identified on an over-snow vehicle use map, it is prohibited 
to possess or operate an over-snow 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) 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) Over-snow vehicle use 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.

[80 FR 4512, Jan. 28, 2015]



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.

[[Page 423]]

    (m) Operating or parking a motor vehicle or trailer except in places 
developed or designated for this purpose.
    (n) Operating a bicycle, motorbike, or motorcycle on a trail unless 
designated for this use.
    (o) Operating a motorbike, motorcycle, or other motor vehicle for 
any purpose other than entering or leaving the site.
    (p) Depositing any body waste except into 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

[[Page 424]]

burro from the National Forest System unless authorized by law or 
regulation.
    (b) Causing or allowing the inhumane treatment or harassment of a 
wild free-roaming horse or burro.
    (c) Removing or attempting to remove, alter or destroy any official 
mark used to identify a wild horse or burro or its remains unless 
authorized or permitted by law or regulation.
    (d) Violating any terms or conditions specified in a care and 
maintenance agreement or permit.

[46 FR 33520, June 30, 1981. 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.

[[Page 425]]

    (f) Possessing, discharging or using any kind of firework or other 
pyrotechnic device.
    (g) Entering an area without any firefighting tool prescribed by the 
order.
    (h) Operating an internal combustion engine.
    (i) Welding, or operating an acetylene or other torch with open 
flame.
    (j) Operating or using any internal or external combustion engine 
without a spark arresting device 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;,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

[[Page 426]]

containers designed and intended for repeated use.
    (e) Grazing.
    (f) Storing equipment, personal property or supplies.
    (g) Disposing of debris, garbage, or other waste.
    (h) Possessing or using a wagon, cart or other vehicle.

[42 FR 2957, Jan. 14, 1977, as amended at 49 FR 25450, June 21, 1984]



Sec.  261.58  Occupancy and use.

    When provided by an order, the following are prohibited:
    (a) Camping for a period longer than allowed by the order.
    (b) Entering or using a developed recreation site or portion 
thereof.
    (c) Entering or remaining in a campground during night periods 
prescribed in the order except for persons who are occupying such 
campgrounds.
    (d) Occupying a developed recreation site with prohibited camping 
equipment prescribed by the order.
    (e) Camping.
    (f) Using a campsite or other area described in the order by more 
than the number of users allowed by the order.
    (g) Parking or leaving a vehicle in violation of posted 
instructions.
    (h) Parking or leaving a vehicle outside a parking space assigned to 
one's own camp unit.
    (i) Possessing, parking or leaving more than two vehicles, except 
motorcycles or bicycles per camp unit.
    (j) Being publicly nude.
    (k) Entering or being in a body of water.
    (l) Being in the area after sundown or before sunrise.
    (m) Discharging a firearm, air rifle, or gas gun.
    (n) Possessing or operating a motorboat.
    (o) Water skiing.
    (p) Storing or leaving a boat or raft.
    (q) Operating any watercraft in excess of a posted speed limit.
    (r) Launching a boat except at a designated launching ramp.
    (s) Possessing, storing, or transporting any bird, fish, or other 
animal or parts thereof, as specified in the order.
    (t) Possessing, storing, or transporting any part of a tree or other 
plant, as specified in the order.
    (u) Being in the area between 10 p.m. and 6 a.m. except a person who 
is camping or who is visiting a person camping in that area.
    (v) Hunting or fishing.
    (w) Possessing or transporting any motor or mechanical device 
capable of propelling a watercraft through water by any means.
    (x) Using any wheel, roller, or other mechanical device for the 
overland transportation of any watercraft.
    (y) Landing of aircraft, or dropping or picking up any material, 
supplies, or person by means of an aircraft, including a helicopter.
    (z) Entering or being on lands or waters within the boundaries of a 
component of the National Wild and Scenic Rivers System.
    (aa) Riding, hitching, tethering or hobbling a horse or other saddle 
or 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.

[[Page 427]]

    (5) Protection of objects or places of historical, archaeological, 
geological or paleontological interest.
    (6) Protection of scientific experiments or investigations.
    (7) Public safety.
    (8) Protection of health.
    (9) Establishing reasonable rules of public conduct.
    (b) Regulations issued under this subpart shall not be contrary to 
or duplicate any prohibition which is established under existing 
regulations.
    (c) In issuing any regulations under paragraph (a) of this section, 
the issuing officer shall follow 5 U.S.C. 553.
    (d) In a situation when the issuing officer determines that a notice 
of proposed rule making and public participation thereon is 
impracticable, unnecessary, or contrary to the public interest, he shall 
issue, with the concurrence of the Chief, an interim regulation 
containing an expiration date.
    (e) No interim regulation issued under paragraph (d) of this section 
will be effective for more than 90 days unless readopted as a permanent 
rule after a notice of proposed rule making under 5 U.S.C. 553 (b) and 
(c).



Sec.  261.71  Regulations applicable to Region 1, Northern Region,
as defined in Sec.  200.2. [Reserved]



Sec.  261.72  Regulations applicable to Region 2, Rocky Mountain Region,
as defined in Sec.  200.2. [Reserved]



Sec.  261.73  Regulations applicable to Region 3, Southwestern Region,
as defined in Sec.  200.2. [Reserved]




Sec.  261.74  Regulations applicable to Region 4, Intermountain Region,
as defined in Sec.  200.2. [Reserved]



Sec.  261.75  Regulations applicable to Region 5, California Region,
as defined in Sec.  200.2.

    (a) Definitions. In this section: (1) Middle Fork of the Feather 
River means the river and land area in or adjacent to Plumas National 
Forest described as the River Area in the notice at 35 FR 4219 or any 
amendment to that notice.
    (2) Motorized equipment means any equipment having or using an 
engine or motor, except small battery-powered handheld devices such as 
cameras, shavers, flashlights, and Geiger counters.
    (3) Wild river zone means the area described as the Bald Rock Canyon 
Wild River Zone or as the Upper Canyon Wild River Zone in the notice at 
35 FR 4219 or any amendment to that notice.
    (b) Prohibitions. (1) Possessing or using motorized equipment in the 
wild river zone of the Middle Fork of the Feather River, except on the 
Stag Point Trail or the Cleghorn Bar Trail, is prohibited.
    (2) Paragraph (b)(1) of this section does not apply to any equipment 
authorized by a permit from the Forest Supervisor, Plumas National 
Forest, containing such terms and conditions as he considers necessary 
for the protection or preservation of the wild river zone or the health, 
safety or welfare of its users. Violation of any term or condition of 
such a permit is prohibited.

[42 FR 31789, June 23, 1977]



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

[[Page 428]]

any permit authorizing the occupancy and use specified in paragraph (a) 
or (b) of this section is prohibited.
    (d) Entering, going, riding, or floating upon any portion or segment 
of the Chattooga River within the boundaries of the Chattahoochee 
National Forest in, on, or upon any floatable object or craft of every 
kind of description, unless authorized by a permit obtained through 
registration at Forest Service Registration Stations abutting the 
Chattooga River located at Highway 28, Low-Water Bridge, Earl's Ford, 
Sandy Ford, Highway 76, Woodall Shoals, or Overflow Bridge or unless 
authorized under special use permit.
    (e) Entering, going, riding, or floating within the scope of any 
commercial operation or business upon any portion or segment of the 
Chattooga River within the boundaries of the Chattahoochee National 
Forest in, on, or upon any floatable object or craft of every kind or 
description, unless authorized by special use permit.
    (f) Violating or failing to comply with any of the terms or 
conditions of any permit authorizing the occupancy and use specified in 
paragraph (d) or (e) of this section is prohibited.

[43 FR 3706, Jan. 27, 1978]



Sec.  261.78  Prohibitions applicable to Region 9, Eastern Region,
as defined in Sec.  200.2.

    (a) Using or occupying any area of the Manistee National Forest 
abutting the Pine River between a point commencing 1 mile downstream 
from Lincoln Bridge to a point one-half mile upstream from Stronach Dam, 
for the purpose of entering, leaving, or going upon the river, in, on, 
or upon any floatable object of any kind or description during specific 
dates set forth annually and posted in such locations and manner as to 
reasonably bring the closure and dates to the attention of the public, 
is prohibited unless otherwise authorized by permit.
    (b) [Reserved]

[43 FR 42749, Sept. 21, 1978]



Sec.  261.79  Regulations applicable to Region 10, Alaska Region, 
as defined in Sec.  200.2. [Reserved]



PART 262_LAW ENFORCEMENT SUPPORT ACTIVITIES--Table of Contents



                     Subpart A_Rewards and Payments

Sec.
262.1 Definitions.
262.2 Rewards in connection with fire or property prosecutions.
262.3 Payments for information and evidence in furtherance of 
          investigations.
262.4 Audit of expenditures.
262.5 Disposal of purchased property.

            Subpart B_Administrative Impoundment and Removal

262.10 Impoundment and disposal of unauthorized livestock.
262.11 Impoundment of dogs.
262.12 Impoundment of property.
262.13 Removal of obstructions.

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 470ee, 470ff, 470gg, 472, 
551, 559a; 40 U.S.C. 552; 41 CFR 102-41.



                     Subpart A_Rewards and Payments



Sec.  262.1  Definitions.

    The following definitions apply to subparts A and B:
    Camping equipment. Personal property used in or suitable for 
camping, including any vehicle used for transportation and all equipment 
in possession of a person camping, other than food and beverages.
    Damage. To injure, mutilate, deface, destroy, cut, chop, girdle, 
dig, excavate, kill, or in any way harm or disturb.
    Forest officer. An employee of the Forest Service.
    Law enforcement personnel. An employee of the Forest Service who is 
a special agent, law enforcement officer, or reserve law enforcement 
officer.
    National Forest System. As defined in the Forest and Rangeland 
Renewable Resources Planning Act of 1974, 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

[[Page 429]]

National Grasslands and land utilization projects 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 which are 
administered by the Forest Service or are designated for administration 
by the Forest Service as a part of that system.
    Vehicle. Any device in, upon, or by which any person or property may 
be transported, including any frame, chassis, or body of any motor 
vehicle, except devices used exclusively upon stationary rails or 
tracks.

[79 FR 44295, July 31, 2014]



Sec.  262.2  Rewards in connection with fire or property prosecutions.

    (a) Law enforcement personnel may pay up to $50,000 as a reward for 
information and evidence leading to the conviction of any person for:
    (1) Willfully or maliciously setting on fire or causing to be set on 
fire any timber, underbrush, or grass on National Forest System lands or 
on non-National Forest System lands if the fire endangers or injures 
National Forest System lands or users;
    (2) Kindling or causing to be kindled a fire on National Forest 
System lands or on non-National Forest System lands if the fire 
endangers or injures National Forest System lands or users; or
    (3) Destroying, damaging, or stealing any property of the United 
States.
    (b) See 36 CFR 296.17 for direction on payment of a reward from a 
criminal or civil penalty collected under Section 6 or 7 of the 
Archaeological Resources Protection Act (16 U.S.C. 470ee or 470ff) for 
information and evidence leading to the criminal conviction or civil 
liability of the person who paid the penalty.
    (c) Officers and employees of the United States Department of 
Agriculture may not receive rewards under this section.
    (d) Submit applications for a reward to the Special Agent in Charge 
who has responsibility for the investigation involved in the violation 
of law no later than 3 months after the date of conviction of an 
offender. Applications submitted after that date will not be considered. 
To allow all claimants to present their claims within the prescribed 
limit, the Special Agent in Charge shall not take action with respect to 
rewards regarding an investigation until 3 months after the date of 
conviction of an offender.
    (e) The Special Agent in Charge reserves the right to refuse payment 
of a reward when it is determined that collusion or improper methods 
were used to secure the conviction involved.
    (f) The Special Agent in Charge reserves the right to pay only one 
reward where several persons have been convicted of the same offense or 
where one person has been convicted of several offenses, but may, 
depending on the circumstances, determine that payment of a reward for 
each conviction is justified.

[79 FR 44295, July 31, 2014]



Sec.  262.3  Payments for information and evidence in furtherance 
of investigations.

    (a) Approval of Payment. Law enforcement personnel may pay for 
information and evidence in furtherance of investigations of felonies 
and misdemeanors related to Forest Service administration.
    (1) Criminal investigators in the GS-1811 series and other law 
enforcement personnel designated by the Chief of the Forest Service, 
Director of Law Enforcement and Investigations, or Special Agent in 
Charge may, without prior approval, pay up to $1,000 for information and 
evidence under this section.
    (2) Payments over $1,000 and up to $5,000 require prior written 
approval from the Special Agent in Charge.
    (3) Payments over $5,000 and up to $10,000 require prior written 
approval from the Director of Law Enforcement and Investigations.
    (4) Payments over $10,000 require prior written approval from the 
Chief of the Forest Service.
    (b) Limitations. Payments for information and evidence under this 
section are restricted to furthering investigations of felony and 
misdemeanor violations. Payments for information and evidence in 
furtherance of investigations of infractions are not authorized under 
this section.

[79 FR 44295, July 31, 2014]

[[Page 430]]



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_Administrative Impoundment and Removal



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 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

[[Page 431]]

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  Impoundment 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  Impoundment of 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) If the local Forest Officer does not know the name and address 
of the owner of property in trespass, impoundment may be effected at any 
time 72 hours after a notice of intention to impound the property in 
trespass is posted in at least one place in the vicinity of the 
property.
    (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) The owner of impounded property may redeem it by the date set 
for its disposition, but shall remain liable for all costs associated 
with its impoundment, removal, transportation, and storage. Impounded 
property that is not redeemed by the date set for its disposition shall 
become the property of the United States and may be retained by the 
Forest Service for official use, sold at public sale to the highest 
bidder, or otherwise disposed of. When impounded property is sold, the 
forest officer conducting the sale shall furnish the purchaser with a 
bill of sale or other written instrument evidencing the sale. The 
original owner shall remain liable for all costs associated with 
impoundment, removal, transportation, and storage of the property, minus 
any amount received from the sale of the property.
    (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; 79 FR 44296, July 31, 2014]



Sec.  262.13  Removal of obstructions.

    A Forest Officer may remove or have removed a vehicle or other 
object on National Forest System lands that is abandoned or vandalized 
or that poses an impediment or hazard to the safety, convenience, or 
comfort of National Forest System visitors.

[79 FR 44296, July 31, 2014]

[[Page 432]]



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 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

[[Page 433]]

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 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

[[Page 434]]

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 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

[[Page 435]]

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.
    (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]

[[Page 436]]



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).



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.

[[Page 437]]

    (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 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

[[Page 438]]

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 291_PALEONTOLOGICAL RESOURCES PRESERVATION--Table of Contents



Sec.
291.1 Purpose.
291.2 Authorities.
291.3 Exceptions.
291.4 Preservation of existing authorities.
291.5 Definitions.
291.6 Confidentiality of information--general.
291.7 Public awareness and education.
291.8 Area closures.
291.9 Determination of paleontological resources.
291.10 Collecting.
291.11 Casual collecting on National Forest System lands.
291.12 National Forest System lands closed to casual collection.
291.13 Permits.
291.14 Application process.
291.15 Application qualifications and eligibility.
291.16 Terms and conditions.
291.17 Permit reports.
291.18 Modification or cancellation of permits.
291.19 Suspension and revocation of permits.
291.20 Appeals.
291.21 Curation of paleontological resources.
291.22 Becoming an approved repository.
291.23 Minimum requirements of approval of a repository.
291.24 Standards for access and use of collections.
291.25 Conducting inspections and inventories of collections.
291.26 Repository agreements.
291.27 Prohibited acts.
291.28 Civil penalty.
291.29 Amount of civil penalty.
291.30 Civil penalty process.
291.31 Civil penalties hearing procedures.
291.32 Petition for judicial review; collection of unpaid assessments.
291.33 Use of recovered amounts.
291.34 Criminal penalties.
291.35 Multiple offenses.
291.36 General exception.
291.37 Scientific or paleontological value.
291.38 Fair market or commercial value.
291.39 Cost of response, restoration, and repair.
291.40 Rewards.
291.41 Forfeiture.

    Authority: 16 U.S.C. 470aaa through 470aaa-11.

    Source: 80 FR 21630, Apr. 17, 2015, unless otherwise noted.

[[Page 439]]



Sec.  291.1  Purpose.

    (a) The regulations in this part implement provisions of the 
Paleontological Resources Preservation Act, 16 U.S.C. 470aaa through 16 
U.S.C. 470aaa-11 (hereinafter referred to as the Act), which provides 
for the preservation, management, and protection of paleontological 
resources on National Forest System lands and encourages the scientific, 
educational and where appropriate, the casual collection of these 
resources. Paleontological resources are nonrenewable, and are an 
accessible and irreplaceable part of America's natural heritage.
    (b) The Secretary shall manage, protect, and preserve 
paleontological resources on National Forest System lands using 
scientific principles and expertise. These regulations provide for 
coordinated management of paleontological resources and encourage 
scientific and educational use by promoting public awareness, providing 
for collection under permit, setting curation standards, establishing 
civil and criminal penalties, clarifying that paleontological resources 
cannot be collected from National Forest System lands for commercial 
purposes, and by allowing the casual collection of some of these 
resources on certain lands and under specific conditions.
    (c) To the extent possible, the Secretary of Agriculture and the 
Secretary of the Interior will coordinate in the implementation of the 
Act.



Sec.  291.2  Authorities.

    The regulations in this part are promulgated pursuant to the Omnibus 
Public Lands Act, Title VI, subtitle D on Paleontological Resources 
Preservation, 16 U.S.C. 470aaa through 16 U.S.C. 470aaa-11, which 
requires the Secretary to issue such regulations as are appropriate to 
carry out the Act.



Sec.  291.3  Exceptions.

    The regulations in this part do not:
    (a) Invalidate, modify, or impose any additional restrictions or 
permitting requirements on any activities permitted at any time under 
the general mining laws, the mineral or geothermal leasing laws, laws 
providing for mineral materials disposal, or laws providing for the 
management or regulation of the activities authorized by the 
aforementioned laws including but not limited to the Federal Land Policy 
and Management Act (43 U.S.C. 1701-1784), the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic 
Administration Act (16 U.S.C. 478, 482, 551);
    (b) Invalidate, modify, or impose any additional restrictions or 
permitting requirements on any activities permitted at any time under 
existing laws and authorities relating to reclamation and multiple uses 
of National Forest System lands;
    (c) Apply to Indian lands;
    (d) Apply to any materials associated with an archaeological 
resource (site), as defined in 16 U.S.C. 470, or any cultural items 
defined in 16 U.S.C. 30001;
    (e) Apply to, or require a permit for, casual collecting of a rock, 
mineral, or invertebrate or plant fossil that is not protected under the 
Act;
    (f) Affect any land other than National Forest System lands, or 
affect the lawful recovery, collection, or sale of paleontological 
resources from land other than National Forest System lands; or
    (g) Create any right, privilege, benefit, or entitlement for any 
person who is not an officer or employee of the United States acting in 
that capacity. No person who is not an officer or employee of the United 
States acting in that capacity shall have standing to file any civil 
action in a court of the United States to enforce any provision or 
amendment made by this part.



Sec.  291.4  Preservation of existing authorities.

    The regulations in this part do not alter or diminish the authority 
of the Forest Service under any other law to manage, preserve, and 
protect paleontological resources on National Forest System lands in 
addition to the protection provided under the Act or this part.



Sec.  291.5  Definitions.

    Act means Title VI, Subtitle D of the Omnibus Public Land Management 
Act on Paleontological Resources Preservation (16 U.S.C. 470aaa through 
470aaa-11).

[[Page 440]]

    Associated records means original records (or copies thereof) that 
document the efforts to locate, evaluate, record, study, preserve, or 
recover paleontological resources, including but not limited to paper 
and electronic documents such as:
    (1) Primary records relating to the identification, evaluation, 
documentation, study, preservation, context, or recovery of a 
paleontological resource, regardless of format;
    (2) Public records including, but not limited to, land status 
records, agency reports, publications, court documents, agreements; and
    (3) Administrative records and reports generated by the permitting 
process and pertaining to the survey, excavation, or other study of the 
resource.
    Authorized Officer means the person or persons to whom authority has 
been delegated by the Secretary to take action under the Act.
    Casual collecting means the collecting of a reasonable amount of 
common invertebrate and plant paleontological resources for non-
commercial personal use, either by surface collection or the use of non-
powered hand tools, resulting in only negligible disturbance to the 
Earth's surface and other resources.
    Collection means all paleontological resources resulting from 
excavation or removal from National Forest System lands as well as any 
associated records resulting from excavation or removal from National 
Forest System lands under a permit.
    Common invertebrate and plant paleontological resources are 
invertebrate or plant fossils that are of ordinary occurrence and wide-
spread distribution. Not all invertebrate and plant paleontological 
resources are common.
    Consumptive analysis means the alteration, removal, or destruction 
of a paleontological specimen, or parts thereof, from a collection for 
scientific research.
    Curatorial services and curation mean those activities pertinent to 
management and preservation of a collection over the long term according 
to professional museum and archival practices, including at a minimum:
    (1) Accessioning, cataloging, labeling, and inventorying a 
collection;
    (2) Identifying, evaluating, and documenting a collection;
    (3) Storing and maintaining a collection using appropriate methods 
and containers, and under appropriate environmental conditions and 
physical security controls;
    (4) Periodically inspecting a collection and taking such actions as 
may be necessary to preserve it;
    (5) Providing access and facilities to study a collection;
    (6) Handling, cleaning, sorting, and stabilizing a collection in 
such a manner as to preserve it; and
    (7) Lending a collection, or parts thereof, for scientific, 
educational or preservation purposes.
    Federal land means land controlled or administered by the Secretary 
except for Indian land as defined in 16 U.S.C. 470aaa.
    Fossil means any fossilized remains, traces, or imprints of 
organisms, preserved in or on the Earth's crust.
    Fossilized means preserved by natural processes, including, but not 
limited to burial in accumulated sediments, preservation in ice or 
amber, or replacement by minerals, or alteration by chemical processes 
such as permineralization whereby minerals are deposited in the pore 
spaces of the hard parts of an organism's remains, which may or may not 
alter the original organic content.
    Indian land means land of Indian tribes, or Indian individuals, 
which are either held in trust by the United States or subject to a 
restriction against alienation imposed by the United States.
    National Forest System lands means those lands in a nationally 
significant system of federally owned units of forest, range, and 
related lands consisting of national forests, purchase units, national 
grasslands, land utilization project areas, experimental forest areas, 
experimental range areas, designated experimental areas, other land 
areas, water areas, and interests in lands that are administered by the 
Forest Service, U.S. Department of Agriculture, or designated for 
administration through the Forest Service. As used herein, the term 
``National Forest System lands'' refers to Federal land

[[Page 441]]

controlled or administered by the Secretary of Agriculture.
    Negligible disturbance means little or no change to the surface of 
the land and causing minimal or no effect on other resources. The 
Authorized Officer has discretion to determine what constitutes 
negligible disturbance.
    Non-commercial personal use means uses other than for purchase, 
sale, financial gain, or research. Research, in the context of these 
regulations, is considered to be a structured activity undertaken by 
qualified individuals with the intent to obtain and disseminate 
information via publication in a peer-reviewed professional scientific 
journal or equivalent venue, which increases the body of knowledge 
available to a scientific community.
    Non-powered hand tools mean small tools that do not use or are not 
operated by a motor, engine, or other power source. These tools are 
limited to small tools that can be easily carried by hand such as 
geologic hammers, trowels, or sieves, but not large tools such as full-
sized shovels or pick axes.
    Paleontological locality, location, and site mean a geographic area 
where a paleontological resource is found. Localities, locations, and 
sites may be relatively large or small.
    Paleontological resource means any fossilized remains, traces, or 
imprints of organisms, preserved in or on the earth's crust, that are of 
paleontological interest, and that provide information about the history 
of life on earth. The term does not include:
    (1) Any materials associated with an archaeological resource (as 
defined in section 3(1) of the Archaeological Resources Protection Act 
of 1979 (16 U.S.C. 470bb(1)); or
    (2) Any cultural item (as defined in section 2 of the Native 
American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
    Paleontological site is used interchangeably with paleontological 
locality or location, but is never intended to be synonymous with 
``archaeological site.''
    Reasonable amount means a maximum per calendar year of one-hundred 
pounds by weight, not to exceed twenty-five pounds per day.
    Repository means a facility, such as a museum, paleontological 
research center, laboratory, or an educational or storage facility 
managed by a university, college, museum, other educational or 
scientific institution, or a Federal, State or local government agency 
that is capable of providing professional curatorial services on a long-
term basis.
    Repository agreement means a formal written agreement between the 
Authorized Officer and the repository official in which the parties 
agree on how the repository will provide curatorial services for 
collections.
    Repository official means any officer, employee, or agent officially 
representing the repository that is providing curatorial services for a 
collection that is subject to this part.
    Secretary means the Secretary of Agriculture with respect to 
National Forest System lands controlled or administered by the Secretary 
of Agriculture.
    State means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and any other territory or possession of 
the United States.



Sec.  291.6  Confidentiality of information--general.

    (a) Information concerning the nature and specific location of a 
paleontological resource is exempt from disclosure under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), unless the Authorized Officer has 
made a written determination that disclosure would:
    (1) Further the purposes of the Act and this part;
    (2) Not create risk of harm to or theft or destruction of the 
resource or the site containing the resource; and
    (3) Be in accordance with other applicable laws.
    (b) Sharing protected information does not constitute a disclosure. 
The Authorized Officer may share information concerning the nature and 
specific location of a paleontological resource with non-Agency 
personnel for scientific, educational, or resource management purposes. 
A recipient of such information may be required to sign a 
confidentiality agreement in which the

[[Page 442]]

recipient agrees not to share the information with anyone not authorized 
to receive the information.



Sec.  291.7  Public awareness and education.

    The Chief of the Forest Service will establish a program to increase 
public awareness about the significance of paleontological resources on 
National Forest System lands.



Sec.  291.8  Area closures.

    (a) In order to protect paleontological or other resources or to 
provide for public safety, the Authorized Officer may restrict access to 
or close areas to the collection of paleontological resources.
    (b) The regulations in this part do not preclude the use of other 
authorities that provide for area closures.



Sec.  291.9  Determination of paleontological resources.

    (a) All paleontological resources on National Forest System lands 
will be managed, protected, and preserved in accordance with the 
regulations in this part unless the Authorized Officer determines that 
such resources are not paleontological resources in accordance with 
paragraph (b) of this section.
    (b) Using scientific principles and expertise, the Authorized 
Officer may determine that certain paleontological resources do or do 
not meet the definition of ``paleontological resource'' as set forth in 
these regulations, and therefore, whether or not such resources are 
covered by the Act or this Part.
    (c) Determinations as described in paragraph (b) of this section are 
subject to the following conditions:
    (1) A recommendation for determination must be in writing and be 
prepared by a paleontologist with demonstrated subject matter expertise 
in the specific group of paleontological resources under consideration.
    (2) An Agency paleontologist will review the basis for the 
determination and make a recommendation to the Authorized Officer 
concerning the determination.
    (3) The Authorized Officer will make the final determination based 
upon the recommendation of an Agency paleontologist and will ensure that 
the basis for the determination is documented, and that the 
determination is made available to the public.
    (4) Any determination made pursuant to this section will in no way 
affect the Authorized Officer's obligations under the Act or other 
applicable laws or regulations to manage, protect, or preserve all 
paleontological resources.
    (d) On National Forest System lands, the following are not 
paleontological resources for purposes of the Act or this part:
    (1) Mineral resources, including coal, oil, natural gas, and other 
economic minerals that are subject to the existing mining and mineral 
laws;
    (2) Petrified wood as defined at 30 U.S.C. 611 and managed under 36 
CFR 228.62 unless determined under paragraph (b) of this section to be a 
paleontological resource;
    (3) Geological units, including, but not limited to, limestones, 
diatomites, and chalk beds).



Sec.  291.10  Collecting.

    A paleontological resource may only be collected from National 
Forest System lands in accordance with the casual collecting provisions 
in Sec. Sec.  291.11 and 291.12, or in accordance with a permit issued 
by the Authorized Officer as identified in Sec.  291.13.



Sec.  291.11  Casual collecting on National Forest System lands.

    (a) Casual collecting is allowed without a permit on National Forest 
System lands where such collection is consistent with the laws governing 
the management of those lands, the land management plans, and where the 
lands in question are not closed to casual collection.
    (b) National Forest System lands are open to casual collection 
unless otherwise closed, as described in Sec.  291.12.
    (c) Research activities do not constitute casual collection, and 
therefore, research involving the collecting of common invertebrate and 
plant paleontological resources requires a permit.
    (d) Using scientific principles and expertise, the Authorized 
Officer may determine that certain invertebrate and plant 
paleontological resources do or do not meet the definition of ``common

[[Page 443]]

invertebrate and plant paleontological resources'' as set forth in these 
regulations, and thus, whether such resources can be casually collected 
or must be collected under permit.
    (e) Determinations as described above in paragraph (d) of this 
section are subject to the conditions as stated in Sec.  291.9(c)(1) 
through (4).
    (f) It is the responsibility of the collecting public to ensure that 
they are casually collecting in an area that is open to casual 
collection, and that the materials they collect are subject to casual 
collection.
    (g) Paleontological resources collected on National Forest System 
lands, including common invertebrate and plant paleontological resources 
subject to casual collecting, cannot be sold. Sale of these 
paleontological resources is a violation of 16 U.S.C. 470aaa-5(a)(3) and 
Sec.  291.27(a)(3) and may subject the violator to civil and criminal 
penalties.



Sec.  291.12  National Forest System lands closed to casual collection.

    (a) Casual collecting is not allowed in:
    (1) National Monuments within the National Forest System; and
    (2) Other National Forest System lands closed to casual collecting 
in accordance with this Part, other statutes, executive orders, 
regulations, or land use plans.
    (b) Existing closures of certain areas to casual collecting, 
authorized under separate authority, remain closed under these 
regulations.



Sec.  291.13  Permits.

    (a) The Authorized Officer may issue a permit for the collection of 
a paleontological resource pursuant to an application if the Authorized 
Officer determines that:
    (1) The applicant is qualified to carry out the permitted activity;
    (2) The permitted activity is undertaken for the purpose of 
furthering paleontological knowledge;
    (3) The permitted activity is consistent with any management plan 
applicable to the National Forest System lands concerned; and
    (4) The proposed methods of collection will not threaten significant 
natural or cultural resources pursuant to 16 U.S.C. 470aaa-3(b)(4).
    (5) Collected materials will not be sold or otherwise used for 
commercial purposes.
    (b) Permits may be issued at the Authorized Officer's discretion to 
applicants that provide a complete application, as provided in Sec.  
291.14, and meet qualification and eligibility requirements in Sec.  
291.15.



Sec.  291.14  Application process.

    Applicants for permits must provide the following records and 
information to the Authorized Officer in support of an application.
    (a) The name, titles, academic or professional affiliations, and 
business contact information of the applicant and all persons who would 
be named on the permit;
    (b) The applicant's current resume, curriculum vita, or other 
documents that support an applicant's qualifications;
    (c) A detailed scope of work or research plan for the proposed 
activity. This must include maps, field methods, associated records, 
estimated time and duration of field season, proposed field party size, 
and specific information regarding storage, stabilization, and 
curatorial arrangements for collected specimens and data;
    (d) Information regarding previous or currently held Federal 
paleontological permits including the issuing agency, permit number, and 
name of the Authorized Officer;
    (e) Identification of a proposed repository for collected specimens, 
including written verification that the proposed repository agrees to 
receive the collection of paleontological resources and associated 
records and acknowledges that all costs will be borne by the applicant 
and/or approved repository, unless otherwise addressed in a separate 
written document; and
    (f) Other records or information identified by the Authorized 
Officer as necessary to support an application for a permit.



Sec.  291.15  Application qualifications and eligibility.

    (a) Qualified applicant. The information submitted by applicants 
under

[[Page 444]]

Sec.  291.14 must demonstrate qualifications for carrying out the 
proposed activities, as follows:
    (1) The applicant has a graduate degree in paleontology or a related 
field of study with a major emphasis in paleontology from an accredited 
institution, or can demonstrate training and/or experience commensurate 
to the nature and scope of the proposed activities; and
    (2) The applicant has experience in collecting, analyzing, 
summarizing, and reporting paleontological data and experience in 
planning, equipping, staffing, organizing, and supervising field crews 
on projects commensurate to the type, nature and scope of work proposed 
in the application; and
    (3) The applicant meets any additional qualifications as may be 
required by the Authorized Officer that are considered necessary to 
undertake the proposed project in the context of the project location.
    (b) Eligibility. The information submitted by applicants under Sec.  
291.14 must demonstrate that the proposed work is eligible for a permit 
in accordance with Sec.  291.13(a)(2) through (4).



Sec.  291.16  Terms and conditions.

    The collection of paleontological resources pursuant to a permit 
must be conducted in accordance with the following terms and conditions:
    (a) All paleontological resources that are collected from National 
Forest System lands under permit will remain the property of the United 
States.
    (b) The collection will be preserved in an approved repository to be 
made available for scientific research and public education.
    (c) Specific locality data will not be released by the permittee or 
repository unless authorized in accordance with Sec.  291.6.
    (d) The permittee recognizes that the area within the scope of the 
permit may be subject to other authorized uses.
    (e) The permittee must conform to all applicable Federal, State, and 
local laws.
    (f) The permittee must assume responsibility for all work conducted 
under the permit and the actions of all persons conducting this work.
    (g) The permit cannot be transferred.
    (h) The permittee cannot modify the permit without the approval of 
the Authorized Officer.
    (i) The permittee must comply with all timelines established in the 
permit, and must request modification of the permit if those timelines 
cannot be met.
    (j) The permittee or other persons named on the permit must be on 
site at all times when field work is in progress and will have a copy of 
the signed permit on hand.
    (k) The permittee will comply with any vehicle or access 
restrictions, safety or environmental restrictions, or local safety 
conditions or restrictions.
    (l) The permittee will report suspected resource damage or theft of 
paleontological or other resources to the Authorized Officer in a timely 
manner after learning of such damage or theft.
    (m) The permittee will acknowledge the Forest Service in any report, 
publication, paper, news article, film, television program, or other 
media resulting from the permittee's work performed under the permit.
    (n) The permittee will comply with the timeline established in the 
permit for providing a complete list to the Authorized Officer of 
specimens collected and the current location of the specimens.
    (o) The permittee will provide scheduled reports to the Authorized 
Officer within the timeline established in the permit
    (p) The permittee and/or approved repository will be responsible for 
all costs for the proposed activity, including fieldwork and collections 
maintenance, unless otherwise addressed in a separate written document
    (q) The permittee will comply with the permit terms and conditions 
established by the Authorized Officer, even in the event of permit 
expiration, suspension, or revocation.
    (r) Additional stipulations, terms, and conditions as required by 
the Authorized Officer and/or the Agency may be appended.



Sec.  291.17  Permit reports.

    Permit reports must contain the following information as 
appropriate:

[[Page 445]]

    (a) Permittee(s)' name, title, affiliation, and professional contact 
information;
    (b) Permit number;
    (c) Date of report;
    (d) Project name, number, or reference;
    (e) Description of project, methodology, or summary of research 
scope of work;
    (f) Dates of field work;
    (g) Name(s) of people who performed field work;
    (h) Description of work performed or accomplished and a summary of 
results and discoveries;
    (i) Summary of regional or local geology and/or paleontology 
including context, geography, stratigraphy, and geological unit;
    (j) Identification of potential impacts to paleontological resources 
by proposed land use action;
    (k) Mitigation recommendations to address potential paleontological 
resource impacts;
    (l) Relevant literature citations;
    (m) Relevant associated records, including anything that aids in 
explaining, clarifying, or understanding the findings;
    (n) Listing of collected paleontological resources, including field 
numbers and field identifications that are referenced to specific 
localities;
    (o) Repository name, identifying acronym, and address;
    (p) Repository official name, title, and contact information;
    (q) Approved repository accession and/or catalog number(s);
    (r) Assigned locality numbers;
    (s) Administrative area (State, county, ranger district, forest, and 
so forth);
    (t) Map name, source, size, edition, projection, datum, and/or other 
mapping information;
    (u) Geographic location, survey data, and/or related metadata;
    (v) Paleontological taxa collected, observed, or in a repository;
    (w) Resource identifications, condition, location, and quantity; and
    (x) Recommendations or information for the approved repository 
regarding the condition or care of collected resources or associated 
records.



Sec.  291.18  Modification or cancellation of permits.

    The Authorized Officer may modify a permit, consistent with 
applicable laws and policies, when:
    (a) The Authorized Officer determines that there are management, 
administrative, or safety reasons to modify a permit; or
    (b) A permittee requests a modification in writing.



Sec.  291.19  Suspension and revocation of permits.

    (a) The Authorized Officer may suspend or revoke a permit issued 
under this section;
    (1) For resource, safety or other management considerations; or
    (2) When there is a violation of term or condition of a permit 
issued under this section.
    (b) The permit shall be revoked if any person working under the 
authority of the permit is convicted of a violation under section 16 
U.S.C. 470aaa 6306 or is assessed a civil penalty under 16 U.S.C. 470aaa 
6307.
    (c) Suspensions, modifications, and revocations shall be 
administered in accordance with the procedures set forth in 36 CFR part 
214.



Sec.  291.20  Appeals.

    A permittee may appeal the denial or revocation of a permit in 
accordance with 36 CFR part 214. Pending the appeal, the decision of the 
Authorized Officer remains in effect unless determined otherwise in 
accordance with 36 CFR part 214, subpart C.



Sec.  291.21  Curation of paleontological resources.

    Collections from National Forest System lands made under a permit 
issued according to this Part will be deposited in an approved 
repository. The curation of paleontological resources collected from 
National Forest System lands before the effective date of these 
regulations is covered under the terms of the original collection permit 
and/or agreement. Such collections remain Federal property unless 
otherwise transferred or disposed of in a Forest Service agreement.

[[Page 446]]



Sec.  291.22  Becoming an approved repository.

    (a) A repository identified during the permit application process in 
Sec.  291.14 must be approved to receive collections by the Authorized 
Officer as follows:
    (1) A repository must meet the minimum requirements in Sec.  291.23 
in order to be approved.
    (2) A repository must agree in writing that collections:
    (i) Remain the property of the Federal government;
    (ii) Will be preserved for the public in accordance with Sec.  
291.24;
    (iii) Will be made available for scientific research and public 
education; and
    (iv) That specific locality data will not be released except in 
accordance with Sec.  291.6.
    (b) The Authorized Officer and the repository official may enter 
into a formal agreement that explains the responsibilities of the 
parties for the curation of the collection in accordance with Sec.  
291.26.
    (c) The repository must agree in writing to periodic inventory and 
inspection of the collections as described in Sec.  291.25.
    (d) Prior to depositing the collection, an Agency paleontologist in 
consultation with the repository official will determine the content of 
the collection to be curated based on scientific principles and 
expertise. A copy of the final catalog will be provided by the 
repository to the Authorized Officer.
    (e) A repository approved by a Federal agency or bureau may be 
considered an approved repository by the Forest Service.



Sec.  291.23  Minimum requirements of approval of a repository.

    The Authorized Officer will determine whether a facility should be 
an approved repository based on whether the repository has:
    (a) The capability to provide adequate curatorial services as 
defined in Sec.  291.5;
    (b) A scope of collections statement or similar policy that 
identifies paleontological resources as part of its scope of 
collections;
    (c) A current collections management plan, including but not limited 
to policies for documentation, loans, and access; and
    (d) Staff with primary responsibility for managing and preserving 
the collections that have training or experience in the curation of 
paleontological resources at levels appropriate to the nature and use of 
the paleontological collections maintained by that repository.



Sec.  291.24  Standards for access and use of collections.

    (a) The repository will make collections available for scientific 
research and public education or as otherwise provided in a repository 
agreement.
    (b) The repository may provide access to specific locality data and 
associated records when consistent with an approval under Sec.  291.22 
or an agreement under Sec.  291.26.
    (c) The repository may loan specimens after entering into a signed 
loan agreement with the borrowing institution. The loan agreement must 
specify the terms and conditions of the loan and that the repository is 
responsible for care and maintenance of the loaned specimens.
    (d) The repository must maintain administrative records of all 
scientific and educational uses of the collection.
    (e) The repository may charge reasonable fees to cover costs for 
access to and use of collections, including handling, packing, shipping, 
and insuring paleontological resources, photocopying associated records 
and other occasional costs not associated with ongoing curatorial 
services.
    (f) The following uses of the collection will require written 
approval from the Authorized Officer, in consultation with an Agency 
paleontologist, unless specified in the approval in Sec.  291.22 or an 
agreement under Sec.  291.26:
    (1) Prior to reproducing a paleontological resource, the repository 
will notify and obtain approval from the Authorized Officer. 
Reproductions include, but are not limited to, molding and casting, and 
computerized axial tomography (CAT) scans. Routine photographic and/or 
digital reproductions would not require individual approvals, providing 
the reproductions are not made for commercial purposes, and that the 
reproductions do not require

[[Page 447]]

transfer of the specimen(s) to a different facility.
    (2) The repository may only allow consumptive analysis of specimens 
if the Authorized Officer has determined, in consultation with an Agency 
paleontologist, that the potential gain in scientific or interpretive 
information outweighs the potential loss of the paleontological resource 
and provides the repository with written authorization for such use.



Sec.  291.25  Conducting inspections and inventories of collections.

    (a) The repository and the Authorized Officer must ensure that 
inspections and inventories of collections are in accordance with the 
Federal Property and Administrative Services Act (40 U.S.C. 541 et 
seq.), its implementing regulations (41 CFR parts 101 and 102), any 
Agency-specific regulations on the management of Federal property, and 
any Agency-specific statutes and regulations on the management of museum 
collections.
    (b) The frequency and methods for conducting and documenting 
inspections and inventories will be appropriate to the nature and 
content of the collection.
    (c) When two or more Federal agencies deposit collections in the 
same repository, they may enter into an interagency agreement consistent 
with the Single Audit Act (31 U.S.C. 75) for inspections and 
inventories.



Sec.  291.26  Repository agreements.

    (a) The Authorized Officer may enter into an agreement with Federal 
and non-Federal repositories regarding the curation of paleontological 
resources and their associated records.
    (b) An agreement will contain the following, as appropriate, 
including but not limited to:
    (1) A statement (updated as necessary) that identifies the 
collection or group of collections provided to the repository;
    (2) A statement that identifies the Federal ownership and the Agency 
that administers the collection;
    (3) A statement of work to be performed by the repository;
    (4) A statement of the responsibilities of the Authorized Officer 
and the repository official for the long-term care of the collection;
    (5) A statement that collections are available for scientific and 
educational uses consistent with Sec.  291.22;
    (6) Any special procedures and restrictions for curatorial services 
and collection management, including loans;
    (7) Provisions for consumptive analyses of paleontological 
specimens;
    (8) Any special procedures and/or restrictions on the disclosure of 
specific locality data;
    (9) A statement that all proceeds derived from any use of the 
collections will be used for their support;
    (10) A statement that all exhibits, publications, and studies of 
Federal specimens by repository staff and/or repository research 
affiliates will credit the Agency that administers the collection;
    (11) Specification of the frequency and methods for periodic 
inventories;
    (12) A statement that accession, catalog, and inventory information 
will be made available to the Authorized Officer or their staff
    (13) A statement that no employee of the repository will sell or 
financially encumber the collection;
    (14) A statement that, in the event the repository can no longer 
provide care for a collection under the terms of the agreement, the 
repository official will notify the Authorized Officer in writing;
    (15) A statement that the terminating party is responsible for the 
transfer of collections to another approved repository, including costs;
    (16) The term of the repository agreement and procedures for 
modification, cancellation, suspension, extension, and termination of 
the agreement; and
    (17) Any additional terms and conditions as needed.



Sec.  291.27  Prohibited acts.

    (a) A person may not:
    (1) Excavate, remove, damage, or otherwise alter or deface or 
attempt to excavate, remove, damage, or otherwise alter or deface any 
paleontological resources located on National Forest System lands unless 
such activity is conducted in accordance with the Act and this part;

[[Page 448]]

    (2) Exchange, transport, export, receive, or offer to exchange, 
transport, export, or receive any paleontological resource if the person 
knew or should have known such resource to have been excavated or 
removed from National Forest System lands in violation of any 
provisions, rule, regulation, law, ordinance, or permit in effect under 
Federal law, including the Act and this part; or
    (3) Sell or purchase or offer to sell or purchase any 
paleontological resource if the person knew or should have known such 
resource to have been excavated, removed, sold, purchased, exchanged, 
transported, or received from National Forest System lands.
    (b) A person may not make or submit any false record, account, or 
label for, or any false identification of, any paleontological resource 
excavated or removed from National Forest System lands.



Sec.  291.28  Civil penalty.

    (a) A person who violates any prohibition contained in this Part or 
permit issued under this Part may be assessed a penalty by the 
Authorized Officer after the person is given notice and opportunity for 
a hearing with respect to the violation, as provided in Sec. Sec.  
291.30 and 291.31.
    (b) Each violation is considered a separate offense.



Sec.  291.29  Amount of civil penalty.

    (a) Determination of civil penalty amount. The amount of such 
penalty assessed under Sec.  291.28 shall be determined by taking into 
account:
    (1) The scientific or fair market value, whichever is greater, of 
the paleontological resource involved, as determined by the Authorized 
Officer, and
    (2) The cost of response to and restoration and repair of the 
resource and the paleontological site involved, and
    (3) Any other factors under Sec. Sec.  291.37 through 291.39 
considered relevant by the Authorized Officer in assessing the penalty.
    (b) Multiple offenses. In the case of subsequent or repeated 
violations by the same person, the amount of a penalty assessed under 
Sec.  291.28(a) may be doubled.
    (c) Maximum amount of penalty. The amount of any penalty assessed 
for any one violation shall not exceed an amount equal to double the 
cost of response to, and restoration and repair of resources and 
paleontological site damage plus double the scientific or fair market 
value of resources destroyed or not recovered.
    (d) Determination of scientific and fair market values and cost of 
response to, and restoration and repair. Scientific and fair market 
values and the cost of response to, and restoration and repair are 
determined as described in Sec. Sec.  291.37 through 291.39.



Sec.  291.30  Civil penalty process.

    (a) Notice of violation. The Authorized Officer shall serve a notice 
of violation by certified mail (return receipt requested) or other type 
of verifiable delivery upon any person believed to be subject to a civil 
penalty. The Authorized Officer shall include in the notice:
    (1) A concise statement of the facts believed to show a violation;
    (2) A specific reference to the section(s) of this part or to a 
permit issued pursuant to this part allegedly violated;
    (3) The penalty proposed;
    (4) Notification of the right to request a hearing in accordance 
with paragraph (f) 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.
    (b) Response to notice of violation. The person served with a notice 
of violation shall have 45 calendar days from the date of mailing in 
which to respond. During this time the person may:
    (1) Accept the proposed penalty, either in writing or by payment. 
Acceptance of the proposed penalty will be deemed a waiver of the right 
to request a hearing as described in paragraph (f) in this section.
    (2) Seek informal discussions with the Authorized Officer;
    (3) File a written response. This written response must be filed 
with the Authorized Officer within 45 calendar days of the date of 
mailing of the notice of violation, and must be signed by the person 
served with the notice of violation. If the person is a corporation, the

[[Page 449]]

written response must be signed by an officer authorized to sign such 
documents. The written response will set forth in full the legal or 
factual basis for the requested relief.
    (4) Request a hearing in accordance with paragraph (f) of this 
section.
    (c) Assessment of penalty. (1) The Authorized Officer shall assess a 
civil penalty upon completion of the 45 calendar day response period, 
informal discussions, or review of the written response, whichever is 
later.
    (2) The Authorized Officer shall take into consideration all 
available information, including information provided under paragraph 
(b) of this section or furnished upon further request by the Authorized 
Officer.
    (3) If the facts warrant a conclusion that no violation has 
occurred, the Authorized Officer shall notify the person served with the 
notice of violation that no violation has occurred and no penalty will 
be assessed.
    (4) Where the facts warrant a conclusion that a violation has 
occurred, the Authorized Officer shall determine a penalty amount in 
accordance with Sec.  291.29.
    (d) Penalty modification and remittance. The Authorized Officer may 
offer to modify or remit the penalty. Modification or remittance may be 
based upon any or all of the following factors:
    (1) Agreement by the person being assessed a civil penalty to return 
to the Authorized Officer paleontological resources removed from 
National Forest System lands;
    (2) Agreement by the person being assessed a civil penalty to assist 
the Authorized Officer in activity to preserve, restore, or otherwise 
contribute to the protection and study of paleontological resources on 
National Forest System lands;
    (3) 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;
    (4) Determination that the person being assessed a civil penalty did 
not willfully commit the violation;
    (5) Determination of other mitigating circumstances appropriate to 
consideration in reaching a fair and expeditious assessment.
    (e) Notice of assessment. The Authorized Officer shall serve a 
written notice of assessment upon the person served with a notice of 
violation. The notice of assessment establishes the penalty amount 
assessed by the Authorized Officer and is served by certified mail 
(return receipt requested), or other type of verifiable delivery. The 
Authorized Officer 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 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.
    (f) Hearings. (1) Except where the right to request a hearing is 
deemed to have been waived as provided in paragraph (b)(1) of this 
section, the person served with a notice of assessment may file a 
written request for a hearing with the hearing office 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 for hearing by 
certified mail (return receipt requested), as specified in the notice of 
assessment.
    (2) Failure to deliver a written request for a hearing within 45 
calendar days of the date of mailing 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. 554. In any such hearing, the amount of civil 
penalty assessed shall be determined in accordance with Sec. Sec.  
291.28 through 291.33, and shall not be limited by the amount assessed 
by the Authorized Officer under Sec.  291.29(a) or any offer of 
mitigation or remission made by the Authorized Officer.
    (g) Final administrative decision. (1) Where the person served with 
a notice of violation has accepted the penalty

[[Page 450]]

pursuant to paragraph (b)(1) 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 
requested a hearing within 45 calendar days of the date of mailing of 
the notice of assessment, 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, the decision resulting from the hearing 
shall constitute the final administrative decision.
    (h) Payment of penalty. 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 U.S. 
District Court as provided in Sec.  291.32.
    (i) 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.  291.31  Civil penalties hearing procedures.

    (a) Requests for hearings. Any person wishing to request a hearing 
on a notice of assessment of civil penalty may file a written dated 
request for a hearing with the hearing office specified in the notice. 
The person shall enclose a copy of the notice of violation and the 
notice of assessment. The request shall state the relief sought, the 
basis for challenging the facts used for assessing the penalty, and the 
person's preference as to the place and date for a hearing. A copy of 
the request shall be served upon the USDA Office of the General Counsel 
by certified mail, at the addresses specified in the notice of 
assessment. Hearings shall be conducted in accordance with 5 U.S.C. 554.
    (b) Commencement of hearing procedures. Upon receipt of a request 
for a hearing, the hearing office shall assign an administrative law 
judge to the case. Notice of assignment shall be given promptly to the 
parties, and thereafter, all pleadings, papers, and other documents in 
the proceeding shall be filed directly with the administrative law 
judge, with copies served on the opposing party.
    (c) Appearance and practice. (1) The respondent may appear in 
person, by representative, or by counsel, and may participate fully in 
the proceedings. If respondent fails to appear and the administrative 
law judge determines such failure is without good cause, the 
administrative law judge may, in his/her discretion, determine that such 
failure shall constitute a waiver of the right to a hearing and consent 
to the making of a decision on the record made at the hearing.
    (2) Departmental counsel shall represent the Agency in the 
proceedings. Upon notice to the Authorized Officer of the assignment of 
an administrative law judge to the case, said counsel shall enter his/
her appearance on behalf of the Agency and shall file all petitions and 
correspondence exchanges by the Agency and the respondent which shall 
become part of the hearing record. Thereafter, service upon the Agency 
shall be made to Departmental counsel.
    (d) Hearing administration. (1) The administrative law judge shall 
have all powers accorded by law and necessary to preside over the 
parties and the proceedings and to make decisions in accordance with 5 
U.S.C. 554 through 557.
    (2) The transcript of testimony; the exhibits; and all papers, 
documents and requests filed in the proceedings shall constitute the 
record for decision. The administrative law judge shall render a written 
decision upon the record, which shall set forth his/her findings of fact 
and conclusions of law, and the reasons and basis therefore, and an 
assessment of a penalty, if any.
    (3) The administrative law judge's decision shall become effective 
30 calendar days from the date of this decision.



Sec.  291.32  Petition for judicial review; collection of unpaid assessments.

    (a) Judicial review. Any person against whom a final administrative 
decision is issued assessing a penalty may file a petition for judicial 
review of the decision in the U.S. District Court for the District of 
Columbia or in the district in which the violation is alleged to

[[Page 451]]

have occurred within the 30 calendar day period beginning on the date 
the decision was issued. Upon notice of such filing, the Secretary shall 
promptly file such a certified copy of the record on which the decision 
was issued. The court shall hear the action on the record made before 
the Secretary and shall sustain the action if it is supported by 
substantial evidence on the record considered as a whole. Judicial 
review is limited by the requirement to exhaust administrative remedies 
under 7 U.S.C. 6912(e).
    (b) Failure to pay. Failure to pay a penalty assessed is a debt to 
the U.S. Government. If any person fails to pay a penalty within 30 
calendar days after the final administrative decision and the person has 
not filed a petition for judicial review of the decision in accordance 
with paragraph (a) of this section; or after a court in an action 
brought in paragraph (a) of this section has entered a final judgment 
upholding the assessment of the penalty, the Secretary may request the 
Attorney General to institute a civil action in a district court of the 
United States for any district in which the person if found, resides, or 
transacts business, to collect the penalty (plus interest at currently 
prevailing rates from the date of the final decision or the date of the 
final judgment, as the case may be). The district court shall have 
jurisdiction to hear and decide any such action. In such action, the 
validity, amount, and appropriateness of such penalty shall not be 
subject to review. Any person who fails to pay on a timely basis the 
amount of an assessment of a civil penalty shall be required to pay, in 
addition to such amount and interest, attorney's fees and costs for 
collection proceedings. This section does not preclude the use of other 
collection methods such as Treasury offset, where appropriate.



Sec.  291.33  Use of recovered amounts.

    Penalties and/or restitution collected shall be available to the 
Authorized Officer and without further appropriation may be used only as 
follows:
    (a) To protect, restore, or repair the paleontological resources and 
sites which were the subject of the action, and to protect, monitor, and 
study the resources and sites; and/or
    (b) To provide educational materials to the public about 
paleontological resources, sites, and their protection; and/or
    (c) To provide for the payment of rewards as provided in Sec.  
291.40.



Sec.  291.34  Criminal penalties.

    (a) A person who knowingly violates or counsels, procures, solicits, 
or employs another person to violate Sec.  291.27 shall, upon 
conviction, be fined in accordance with Title 18, United States Code, or 
imprisoned not more than 5 years, or both; but if the sum of the 
commercial and paleontological value of the paleontological resources 
involved and the cost of restoration and repair of such resources does 
not exceed $500, such person shall be fined in accordance with Title 18, 
United States Code, or imprisoned not more than 2 years, or both.
    (b) Paleontological and commercial values and the cost of 
restoration and repair are determined under Sec. Sec.  291.37 through 
291.39.



Sec.  291.35  Multiple offenses.

    In the case of subsequent or repeat violations by the same person, 
the amount of the monetary penalty assessed may be doubled.



Sec.  291.36  General exception.

    The provisions in Sec. Sec.  291.28 through 291.35 do not apply to 
any person with respect to any paleontological resource which was in the 
lawful possession of such person prior to the date of enactment of the 
Act.



Sec.  291.37  Scientific or paleontological value.

    The scientific value of any paleontological resource involved in a 
violation of the prohibitions contained in this part or conditions of a 
permit issued pursuant to this Part shall be the value of the 
information associated with the paleontological resource. The term 
``scientific value'' can be used interchangeably with the term 
``paleontological value.'' This value shall be determined in terms of 
the costs of the retrieval of the scientific and educational information 
which would have

[[Page 452]]

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 or educational materials or displays as would be necessary to 
realize the information potential.



Sec.  291.38  Fair market or commercial value.

    The fair market value of any paleontological resource involved in a 
violation of the prohibitions contained in this part or conditions of a 
permit issued pursuant to this part shall be the commercial value of the 
resources, determined using the condition of the paleontological 
resource prior to the violation, to the extent that its prior condition 
can be ascertained. The term ``fair market value'' can be used 
interchangeably with the term ``commercial value.'' Fair market value of 
paleontological resources can be established through the use of 
comparable sales or pricing information, advertisements for comparable 
resources, appraisals, and/or other information on legal or illegal 
markets.



Sec.  291.39  Cost of response, restoration, and repair.

    The cost of response, restoration, and repair of paleontological 
resources involved in a violation of prohibitions contained in this part 
or conditions of a permit issued pursuant to this part, shall be the sum 
of the costs incurred for response, investigation, assessment, 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:
    (a) Reconstruction of the paleontological resource;
    (b) Stabilization and/or salvage of the paleontological resource;
    (c) Ground contour reconstruction and surface stabilization;
    (d) Research necessary to carry out reconstruction or stabilization;
    (e) Physical barriers or other protective devices or signs, 
necessitated by the disturbance of the paleontological resource, to 
protect it from further disturbance;
    (f) Examination and analysis of the paleontological resource 
including recording remaining paleontological information, where 
necessitated by disturbance, in order to salvage remaining values which 
cannot be otherwise conserved;
    (g) Storage, preparation, and curation;
    (h) Site monitoring; and
    (i) Preparation of reports relating to any of the above activities.



Sec.  291.40  Rewards.

    (a) The Authorized Officer may, at his or her discretion, pay from 
penalties collected under Sec. Sec.  291.28 through 291.36, or from 
appropriated funds, an amount up to half of the penalties collected to 
any person who furnishes information which leads to a finding of the 
civil violation(s) or to the criminal conviction(s).
    (b) If several persons provided the information, the amount may be 
divided at the discretion of the Authorized Officer among the persons.
    (c) No officer or employee of the United States or of any State or 
local government who furnishes information or renders service in the 
performance of their official duties shall be eligible for payment.



Sec.  291.41  Forfeiture.

    (a) Forfeiture. All paleontological resources with respect to which 
a violation under Sec. Sec.  291.28 through 291.36 occurred and which 
are in the possession of any person, are subject to forfeiture 
proceedings. All forfeitures will be initiated pursuant to cooperative 
agreements with agencies having law enforcement authority and forfeiture 
regulations in place.
    (b) Transfer of administration of forfeited resources. The 
administration of forfeited resources may be transferred to Federal or 
non-Federal institutions to be used for scientific or educational 
purposes, in furtherance of the purposes of the Act.

[[Page 453]]



PART 292_NATIONAL RECREATION AREAS--Table of Contents



                            Subpart A_General

Sec.
292.1-292.10 [Reserved]

      Subpart B_Whiskeytown-Shasta-Trinity National Recreation Area

292.11 Introduction.
292.12 General provisions; procedures.
292.13 Standards.

        Subpart C_Sawtooth National Recreation Area_Private Lands

292.14 Introduction.
292.15 General provisions--procedures.
292.16 Standards.

        Subpart D_Sawtooth National Recreation Area_Federal Lands

292.17 General provisions.
292.18 Mineral resources.

      Subpart E_Hells Canyon National Recreation Area_Private Lands

292.20 Purpose and scope.
292.21 Definitions.
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

[[Page 454]]

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 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

[[Page 455]]

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 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.

[[Page 456]]

    (2)(i) The commercial use is for purposes of providing food, 
lodging, automotive or marine maintenance facilities and services to 
accommodate recreationists and the intended land occupancy and physical 
structures are such that they can be harmonized with adjacent land 
development and surrounding appearances in accordance with approved 
plans and schedules.
    (ii) This standard provides for privately owned and operated 
businesses whose purposes and physical structures are in keeping with 
objectives for use and maintenance of the area's outdoor recreation 
resources. It precludes establishment of drive-in theaters, zoos, and 
similar nonconforming types of commercial entertainment.
    (c) Protection of roadsides. Provisions to protect natural scenic 
qualities and maintain screening along public travel routes will 
include:
    (1) Prohibition of new structural improvements or visible utility 
lines within a strip of land extending back not less than 150 feet from 
both sides of the centerline of any public road or 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

[[Page 457]]

of set-backs, limitations to natural terrain, neutral exterior colors, 
nonglare roofing materials, and limitations of building heights fully 
adequate to harmonize housing development with the objective of the 
National Recreation Area as set forth in the act.
    (3) Signs and signing. Only those signs may be permitted which: (i) 
Do not exceed 1 square foot in area for any residential use; (ii) do not 
exceed 40 square feet in area, 8 feet in length, and 15 feet maximum 
height from ground for any other use, including advertisement of the 
sale or rental of property; and (iii) which are not illuminated by any 
neon or flashing device. Commercial signs may be placed only on the 
property on which the advertised use occurs, or on the property which is 
advertised for sale or rental. Signs shall be subdued in appearance, 
harmonizing in design and color with the surroundings and shall not be 
attached to any tree or shrub. Nonconforming signs may continue for a 
period not to exceed 2 years from the date a zoning ordinance containing 
these limitations is adopted.



        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

[[Page 458]]

structures harmoniously situated within a natural environment.
    (8) Residential outbuilding. Nonhabitable building detached from the 
residence, such as a garage, woodshed or storage building.
    (9) Secretary. Secretary of Agriculture.
    (10) Area Ranger. The Forest Officer having administrative authority 
for the Sawtooth National Recreation Area.

[39 FR 11544, Mar. 29, 1974]



Sec.  292.15  General provisions--procedures.

    (a) Classification of private property. For the purpose of 
establishing specific standards applicable to the several parcels of 
private land within the boundaries, such properties are classified and 
assigned to land use categories as shown on the Land Use Category Map, 
dated December 15, 1973, as amended July 16, 1976, on file and available 
for public inspection in the office of the Area Ranger, Sawtooth 
National Recreation Area, Ketchum, Idaho. The classification of private 
properties is 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

[[Page 459]]

date of these regulations, are not reconstructed, altered or relocated, 
except to meet standards. The certification shall specify the date on 
which it shall terminate.
    (2) If the Area Ranger determines, prior to certification, that a 
part or all of a property, for which a request for certification is 
made, is needed for access to and utilization of public property or for 
recreation and other facilities, he may except from the certification 
that part of the property needed for these purposes.
    (f) Revocation of certification. The Area Ranger will revoke a 
certification when he finds that the property is being used or developed 
not in conformance with the terms of the certification or the applicable 
standards established in Sec.  292.16 or is in imminent danger of being 
so used or developed. Notice of such revocation will be in writing and 
delivered to the owner in person or by certified mail. A partial 
revocation may be made when a portion of a property covered by a 
certification is determined to be needed for access to and utilization 
of public property or for recreation and other facilities.
    (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

[[Page 460]]

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.
    (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 serviceable 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

[[Page 461]]

the effective date of these regulations may not be further developed.
    (xvii) The standards in paragraphs (d)(1) (v), (vi), (ix), and (xvi) 
of this section shall not apply to properties developed for commercial 
purposes.
    (2) The Area Ranger shall cooperate with each designated community 
in the preparation of a community development plan and implementing 
ordinances which will assure that use and development of the private 
properties within the community will be consistent with the purposes for 
which the Sawtooth National Recreation Area was established and with the 
overall general plan of the Recreation Area. The Secretary may then, by 
amendment of these regulations, replace the standards adopted pursuant 
to paragraph (d)(1) of this section with the standards set forth in such 
community development plan and implementing ordinances as the standards 
applicable to that designated community.
    (e) Residential. (1) Vegetative cover and screening requirements. 
Any combination of vegetative screening, topography, and structure 
design that renders the residence inconspicuous 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.

[[Page 462]]

    (5) No new mobile or semimobile homes and mobile home parks except 
where they may be located without substantially impairing or detracting 
from the scenic, natural, historic, pastoral, and fish and wildlife 
values of the area.
    (g) Agriculture. (1) Only structures which do not substantially 
impair or detract from the scenic, natural, historic, pastoral, and fish 
and wildlife values of the area and which are necessary for ranching or 
dude ranching such as dwellings, barns, storage buildings, fences, 
corrals, irrigation facilities, roads, and utilities.
    (2) Buildings to be ranch-type character with log or other rustic 
exterior with harmoniously colored or natural wood finish and 
nonreflective surfaces.
    (3) Fences and other improvements to be in harmony with the western 
ranching atmosphere.
    (4) Minimum setback of new buildings to be 150 feet from public 
roads where determined feasible by the Area Ranger.
    (5) No further reduction in size of agricultural ownerships except 
that which will not impair the objectives for which the Sawtooth 
National Recreation Area was established. A certification will be issued 
pursuant to 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

[[Page 463]]

laws, rules, and regulations pertaining to the National Forests with the 
exception that part 252 of this chapter does not apply to these 
resources. No use or disposal of such resources shall be authorized 
which will result in substantial impairment of the natural values of the 
Recreation Area.
    (b) Definitions:
    (1) Act means Pub. L. 92-400 (86 Stat. 612), which established the 
SNRA.
    (2) Area Ranger or Superintendent means the Forest Service officer 
having administrative authority for the SNRA.
    (3) General management plan means the document setting forth the 
land allocation and resource decisions for management of the SNRA.
    (4) Letter of authorization means a letter signed by the Area 
Ranger, or his designee, authorizing an operator to conduct operations 
as approved in the operating plan.
    (5) Mineral resources means all locatable minerals.
    (6) Operator means a person conducting or proposing to conduct 
operations.
    (7) Operations means all functions works, and activities in 
connection with exploration, development, mining or processing of 
mineral resources and all uses reasonably incident thereto, 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.

[[Page 464]]

    (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 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.

[[Page 465]]

    (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]



      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

[[Page 466]]

or her condemnation authority notwithstanding the fact that the mining 
land owner has complied with the relevant standards of this section.
    Conservation easement or Scenic easement as defined in Section 9(d) 
of the Act ``means the right to control the use of land in order to 
protect aesthetic values for the purposes of this Act, but shall not be 
acquired without the consent of the owner to preclude the continuation 
of any farming or pastoral use exercised by the owner as of the date of 
enactment of this Act.''
    Dude ranching is a business oriented primarily towards furnishing 
small groups with an outdoor recreational and educational experience 
associated with ranching activities and perpetuates the purposes for 
which the HCNRA was established. Dude ranching is subservient to the 
primarily recognized ranching operation.
    Existing uses are those uses of or developments to private land as 
of the date of enactment of the Act on December 31, 1975.
    Farm/Forest/Grazing lands are those lands used for farm, forest, and 
grazing purposes, for maintaining watersheds as fish and wildlife 
habitat, or for providing outdoor recreational activities. All such 
lands are assigned to the Farm/Forest/Grazing land category in Sec.  
292.22.
    Farm/Forest/Grazing Use is any traditional agricultural, 
silvicultural, or 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

[[Page 467]]

does not include domestic sewage or pollutants such as silt or dissolved 
materials in irrigation return flows.
    Structure is any permanent building or facility, or part thereof 
such as barns, outhouses, residences and storage sheds. This includes 
electric transmission line systems, substations, commercial radio 
transmitters, relays or repeater stations, antennas, and other 
electronic sites and associated structures.
    Traditional uses are ranching, grazing, farming, timber harvesting 
and the occupation of homes and land associated therewith within the 
HCNRA, or other activities including outdoor recreational activities and 
facilities, which existed on or before December 31, 1975.
    Travel route is a route, such as a county or National Forest system 
road or river or trail, that is open for use by members of the general 
public.



Sec.  292.22  Land category assignments.

    (a) Land categories. (1) All privately owned lands within the HCNRA 
are to be assigned to one of the following four land categories:
    (i) Farm/forest/grazing land.
    (ii) Mining land.
    (iii) Residential land.
    (iv) Commercial land.
    (2) Not later than August 12, 1994, a map or maps displaying the 
privately owned lands within the HCNRA and the 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.

[[Page 468]]

    (b) Farm/forest/grazing lands standards. The following additional 
standards are applicable to farm/forest/grazing lands:
    (1) Except as otherwise provided in this paragraph, the minimum lot 
size for residential development is 160 acres. Only residences 
associated with farm/forest/grazing uses may be developed. Partitions of 
less than 160 acres may be made to provide for the continuation of 
existing commercial agriculture, but such partitions may not be 
developed for residential use. Lots of less than 160 acres existing on 
June 13, 1994, with residences permanently affixed to a foundation or 
basement, are considered to be in compliance.
    (2) Structures are limited to those necessary to conduct farm/
forest/grazing use.
    (3) Dude ranching is permitted provided it is compatible with the 
purpose and direction of the Act and is part of a recognized ranching 
operation.
    (4) New or replacement structures for farm/forest/grazing use are 
not closer than 25 feet from a property line or 55 feet from the center 
line of a travel route.
    (c) Mining Lands. (1) The following standards are applicable to 
mining lands:
    (i) The owner of mining lands must consult with the Ranger 
concerning proposed mineral development activities prior to submitting a 
plan of operations to the relevant state or federal agencies.
    (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.

[[Page 469]]

    (c) Written petition. The landowner may file a written petition with 
the Forest Supervisor for a review of a decision of compliance or 
noncompliance. The Forest Supervisor shall render a decision within 30 
days of the receipt of the petition. A decision by the Forest Supervisor 
constitutes the final administrative determination by the Department of 
Agriculture. Petitions of decisions on lands within the Rapid River Wild 
and Scenic River Corridor should be addressed to the Forest Supervisor, 
Nez Perce National Forest, Route 2, P.O. Box 475, Grangeville, Idaho 
83450. All other petitions should be addressed to the Forest Supervisor, 
Wallowa-Whitman National Forest, P.O. Box 907, Baker City, Oregon 97814.



Sec.  292.25  Information requirements.

    The information required by Sec.  292.24 of this subpart in order 
for a landowner to obtain a determination of compliance constitutes an 
information requirement as defined in the Paperwork Reduction Act (44 
U.S.C. 3507) and has been approved for use by the Office of Management 
and Budget and assigned control number 0596-0135.



      Subpart F_Hells Canyon National Recreation Area_Federal Lands

    Authority: 16 U.S.C. 460gg-7.

    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

[[Page 470]]

as flashlights, shavers, wristwatches, and Geiger counters.
    Motorized rivercraft means any boat capable of being mechanically 
propelled by propeller(s) or jet pump(s) upstream through rapids.
    Non-Motorized rivercraft means any boat which is not a motorized 
rivercraft.
    Other lands means all National Forest System lands in the HCNRA 
except for Wild and Scenic Rivers and Wilderness Lands.
    Paleontological resources means any remains, trace, or imprint of a 
plant or animal that has been preserved in the Earth's crust prior to 
the Holocene epoch.
    Selective cutting means single tree or group selection cutting and 
is the periodic removal of trees individually or in small groups from an 
uneven aged forest in order to maintain diverse stands, with the 
sustainability and improvement of the forest using an ecosystem approach 
to management being a primary consideration.
    Suitable means it is appropriate to apply certain resource 
management practices to a particular area of land, as determined by an 
ecological and environmental analysis of the land. A unit of land may be 
suitable for a variety of individual or combined management practices.
    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

[[Page 471]]

based, in part, on whether the appropriate State Historic Preservation 
Office has concurred with the Forest Service's determination that a 
cultural resource is significant.
    (3) Significant cultural resources are to be protected on-site, 
unless the authorized officer determines that off-site protection is 
preferable because adequate protection cannot be provided on-site, the 
resource is already adequately represented and protected on-site 
elsewhere, protection on-site is not consistent with the administration 
of Wilderness Lands, or for other good cause shown. Information about 
significant cultural resources shall be documented.
    (4) The primary objective of managing paleontological resources is 
scientific research. Paleontological resources may only be disturbed or 
removed in conjunction with scientific research and only upon the 
issuance of prior written authorization of the disturbance or removal 
activity.
    (b) Wilderness Lands. The following standards and guidelines apply 
to the protection and preservation of cultural and paleontological 
resources in the Wilderness Lands category of the HCNRA.
    (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.

[[Page 472]]



Sec.  292.45  Use of motorized and non-motorized rivercraft.

    The standards and guidelines of this section apply to the use of 
motorized and non-motorized rivercraft on rivers within the HCNRA.
    (a) The use of non-motorized rivercraft may be permitted subject to 
restrictions on size, type of craft, numbers, duration, seasons, or 
other matters which may be deemed by the authorized officer to be 
necessary to ensure the safe use and enjoyment of the rivers: Provided, 
that where wild and scenic rivers are concerned, the authorized officer 
may impose such additional terms and conditions as may be necessary to 
protect and enhance the values for which the river was designated.
    (b) The use of motorized rivercraft is prohibited except on the 
Snake River and that portion of the Salmon River in the HCNRA 
administered by the Forest Service where such activity may be permitted 
subject to restrictions on size, type of craft, numbers, noise limits, 
duration, seasons or other matters which may be deemed by the authorized 
officer necessary for the safe use and enjoyment of the rivers: 
Provided, that where wild and scenic 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.

[[Page 473]]



Sec.  292.47  Mining activities.

    (a) Other Lands. The standards and guidelines of this section apply 
to mining activities in the Other Lands category of the HCNRA.
    (1) All mining activities are prohibited subject to valid existing 
rights as of December 31, 1975.
    (2) The impact of mining activities including, but not limited to, 
drilling and the development of ingress and egress routes, must be 
minimized and directed away from Wilderness Lands and Wild and Scenic 
Rivers to the extent practicable.
    (3) Mineral materials including, but not limited to common varieties 
of gravel, sand, or stone, may be used only within the HCNRA for the 
purpose of construction and maintenance of facilities including, but not 
limited to, roads, airfields, trails, and recreation developments.
    (4) Sources of mineral materials should be located outside the 
HCNRA. Sources for mineral materials that may be used to benefit the 
HCNRA may be located inside the HCNRA if the cost of obtaining the 
materials outside the HCNRA adds significantly to 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

[[Page 474]]

River National Recreation Area as established by Congress in the Smith 
River National Recreation Area Act of 1990 (16 U.S.C. 460bbb et seq.).
    (b) Scope. The rules of this subpart apply only to mineral 
operations on National Forest System lands within the Smith River 
National Recreation Area.
    (c) Applicability of other rules. The rules of this subpart 
supplement existing Forest Service regulations concerning the review, 
approval, and administration of mineral operations on National Forest 
System lands including, but not limited to, those set forth at parts 
228, 251, and 261 of this chapter.
    (d) Conflicts. In the event of conflict or inconsistency between the 
rules of this subpart and other parts of this chapter, the rules of this 
subpart take precedence, to the extent allowable by law.



Sec.  292.61  Definitions.

    The special terms used in this subpart have the following meaning:
    Act means the Smith River National Recreation Area Act of 1990 (16 
U.S.C. 460bbb et seq.).
    Authorized officer means the Forest Service officer to whom 
authority has 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

[[Page 475]]

demonstrate the discovery of a valuable mineral deposit consistent with 
the definition in paragraph (a) of this section or to obtain evidence 
for a contest hearing regarding the claim's validity, upon receipt of a 
proposed plan of operations as defined in Sec.  292.63 of this subpart 
to conduct such operations and of sufficient information from the 
operator to show an exposure of valuable minerals on a claim that 
predates the withdrawal of the federal land from the operation of the 
United States mining laws. The authorized officer shall authorize only 
those operations that may be necessary to confirm or demonstrate the 
discovery of a valuable mineral deposit prior to the date of withdrawal 
of the federal land on which the claim is situated. Pursuant to this 
paragraph, the authorized officer shall not authorize any operations 
which would constitute prospecting, exploration, or otherwise uncovering 
or discovering a valuable mineral deposit.

                           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

[[Page 476]]

existing rights and notify the operator in writing within 60 days of one 
of the following situations:
    (1) That sufficient information on valid existing rights has been 
provided and the anticipated date by which the valid existing rights 
determination will be completed, which shall not be more than 2 years 
after the date of notification; unless the authorized officer, upon 
finding of good cause with written notice and explanation to the 
operator, extends the time period for completion of the valid existing 
rights determination.
    (2) That the operator has failed to provide sufficient information 
to review a claim of valid existing rights and, therefore, the 
authorized officer has no obligation to evaluate whether the operator 
has valid existing rights or to process the operator's proposed plan of 
operations.
    (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

[[Page 477]]

duration from those in an approved plan of operations, and if those 
changes will result in resource impacts not anticipated when the 
original plan was approved, the operator must submit a supplemental plan 
or a modification of the plan for review and approval.



Sec.  292.65  Plan of operations--suspension.

    (a) The authorized officer may suspend mineral operations due to an 
operator's noncompliance with applicable statutes, regulations, or terms 
and conditions of the approved plan of operations.
    (1) In those cases that present a threat of imminent harm to public 
health, safety, or the environment, or where such harm is already 
occurring, the authorized officer may take immediate action to stop the 
threat or damage without prior notice. In such case, 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.

[[Page 478]]



Sec.  292.67  Operating plan approval--outstanding mineral rights.

    (a) Upon receipt of an operating plan, the authorized officer must 
review the information related to the ownership of the outstanding 
mineral rights and notify the operator that:
    (1) Sufficient information on ownership of the outstanding mineral 
rights has been provided; or
    (2) Sufficient information on ownership of outstanding mineral 
rights has not been provided, including an explanation of the specific 
information that still needs to be provided, and that no further action 
on the plan of operations will be taken until the authorized officer's 
receipt of the specified information.
    (b) If the review shows outstanding mineral rights have not been 
verified, the authorized officer must notify the operator in writing 
that outstanding 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

[[Page 479]]

Federal and State laws for indemnifying the United States for the 
following:
    (a) Costs, damages, claims, liabilities, judgments, injury and loss, 
including those incurred from fire suppression efforts, and 
environmental response actions and cleanup and abatement costs incurred 
by the United States and arising from past, present, and future acts or 
omissions of the owner, operator, or lessee in connection with the use 
and occupancy of the unpatented mining claim and/or mineral operation. 
This includes acts or omissions covered by Federal, State, and local 
pollution control and environmental statutes and regulations.
    (b) Payments made by the United States in satisfaction of claims, 
demands, or judgments for an injury, loss, damage, or costs, including 
for fire suppression and environmental response action and cleanup and 
abatement costs, which result from past, 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.

[[Page 480]]

    (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 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

[[Page 481]]

transport; no landing of aircraft; no dropping of materials, supplies, 
or persons from aircraft; no structures or installations; and no cutting 
of trees for nonwilderness purposes.
    (a) Mechanical transport, as herein used, shall include any 
contrivance which travels over ground, snow, or water on wheels, tracks, 
skids, or by floatation and is propelled by a nonliving power source 
contained or carried on or within the device.
    (b) Motorized equipment, as herein used, shall include any machine 
activated by a nonliving power source, except that small battery-
powered, hand-carried devices such as flashlights, shavers, and Geiger 
counters are not classed as motorized equipment.
    (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

[[Page 482]]

Department of Agriculture as to exemption from State water laws.



Sec.  293.12  Access to surrounded State and private lands.

    States or persons, and their successors in interest, who own land 
completely surrounded by National Forest Wilderness shall be given 
access as provided in subpart D of part 251 of this chapter.

[56 FR 27419, June 14, 1991]



Sec.  293.13  Access to valid occupancies.

    Persons with valid occupancies wholly within National Forest 
Wilderness shall be permitted access to such surrounded occupancies by 
means consistent with the preservation of National Forest Wilderness 
which have been or 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

[[Page 483]]

of such facilities, all pursuant to section (4)(d)(4)(1) of the 
Wilderness Act, will be permitted when and as authorized by the 
President.

[39 FR 31321, Aug. 28, 1974, as amended at 42 FR 35960, July 13, 1977]



Sec.  293.16  Special provisions governing the Boundary Waters Canoe 
Area Wilderness, Superior National Forest, Minnesota.

    (a) Motorboat use. (1) For purposes of this section, motorboats 
permitted to operate in the BWCA Wilderness are defined as watercraft 
propelled by a gasoline or electric powered motor with the propeller 
below the waterline.
    (2) Motorboats may operate without restrictions on motor size or 
number of motors on Sand Point Lake, Little Vermilion Lake, Loon Lake, 
Loon 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

[[Page 484]]

cross-country ski trails near existing resorts.

[50 FR 16231, Apr. 25, 1985]



Sec.  293.17  National Forest Primitive Areas.

    (a) Within those areas of National Forests classified as Primitive 
on the effective date of the Wilderness Act, September 3, 1964, there 
shall be no roads or other provision for motorized transportation, no 
commercial timber cutting, and no occupancy under special-use permit for 
hotels, stores, resorts, summer homes, organization camps, hunting and 
fishing lodges, or similar uses: Provided, That existing roads over 
National Forest lands reserved from the public domain and roads 
necessary for the exercise of a statutory right of ingress and egress 
may be allowed 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



                   Subpart A_Miscellaneous Provisions

Sec.
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.

    Authority: 16 U.S.C. 472, 529, 551, 1131, 1608, and 1613 and 23 
U.S.C. 201 and 205.

    Source: 38 FR 5852, Mar. 5, 1973, unless otherwise noted.

[[Page 485]]



                   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 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

[[Page 486]]

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.



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

[[Page 487]]

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.
    (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:

[[Page 488]]

    (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, 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

[[Page 489]]

    (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.



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.

[[Page 490]]

    (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 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;

[[Page 491]]

    (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);
    (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

[[Page 492]]

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 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

[[Page 493]]

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.
    (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

[[Page 494]]

 
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
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   ..........  ..........

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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.
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   ..........  ..........

[[Page 496]]

 
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   ..........  ..........
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   ..........  ..........

[[Page 497]]

 
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   ..........
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.
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[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.

[[Page 498]]



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 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

[[Page 499]]

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 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

[[Page 500]]

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.
    (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.

[[Page 501]]

    (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 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

[[Page 502]]

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 with Colorado Roadless 
Areas within 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 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.

[[Page 503]]

    (5) Road maintenance. Maintenance of roads is permissible in 
Colorado Roadless Areas.

[77 FR 39602, July 3, 2012, as amended at 81 FR 91821, Dec. 19, 2016]



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 (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

[[Page 504]]

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.



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.

[[Page 505]]

    (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 
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

[[Page 506]]

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 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..........................

[[Page 507]]

 
 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.
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

[[Page 508]]

 
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......................
------------------------------------------------------------------------
                        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..................

[[Page 509]]

 
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.
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:

[[Page 510]]

    (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 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

[[Page 511]]

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 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

[[Page 512]]

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 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

[[Page 513]]

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 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

[[Page 514]]

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 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]

[[Page 515]]



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 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

[[Page 516]]

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.
    (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

[[Page 517]]

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 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;

[[Page 518]]

    (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 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.

[[Page 519]]

    (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 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

[[Page 520]]

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;
    (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

[[Page 521]]

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 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.

[[Page 522]]

    (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 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)).

[[Page 523]]

    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.



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

[[Page 524]]

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 525]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 527]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      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--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    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)
         X  Department of the Treasury (Parts 1000--1099)
        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  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 528]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       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)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 529]]

      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)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    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)

[[Page 530]]

    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)
    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)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         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)

[[Page 531]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                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  [Reserved]
      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  [Reserved]
       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]

[[Page 532]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (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)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), 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  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 533]]

         X  Consumer Financial Protection Bureau (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, Department of the 
                Treasury (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)

               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)

[[Page 534]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            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) [Reserved]

                    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) [Reserved]

[[Page 535]]

                     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)

                       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  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance 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)

[[Page 536]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        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) 
                [Reserved]
       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) [Reserved]

[[Page 537]]

        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) [Reserved]
       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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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--799)

                   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)

[[Page 538]]

        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)
      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

[[Page 539]]

         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 Investment Security, 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)
         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  Department of Defense, 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, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 540]]

                          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 Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        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  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          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)

[[Page 541]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                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)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          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  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 542]]

       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--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [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)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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)

[[Page 543]]

                       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)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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)

[[Page 544]]

                      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)
         V  The First Responder Network Authority (Parts 500--599)

           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  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)

[[Page 545]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        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)
        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)
         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 (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)

[[Page 546]]

        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 547]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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     5, 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, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  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
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          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
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 548]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            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

[[Page 549]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
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 Affairs, Office of the Under-Secretary   15, XV
     for
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
  Career, Technical, and Adult Education, Office  34, IV
       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
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 Policy, National Commission for        1, IV
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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 550]]

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 Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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 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 Permitting Improvement Steering Council   40, IX
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 of                          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
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 551]]

  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
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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; 5, XXXVI; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 552]]

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
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  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
  Safety and Environmental Enforcement, Bureau    30, II
       of
  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 Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
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 of                            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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 553]]

  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
  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, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
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, VI
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           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
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 of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 554]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               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
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
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
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
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 Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
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 of                              2, VI; 22, I; 28, XI

[[Page 555]]

  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
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  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 of the                       2, X; 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
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
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
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 557]]



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, 2018 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.govinfo.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.govinfo.gov.

                                  2018

36 CFR
                                                                   83 FR
                                                                    Page
Chapter II
216 Revised........................................................13649
242.3 (a), (b)(1)(iii), (2), and (3) amended; (b)(5) revised.......23817
242.24 (a)(2) table amended.........................................3083
242.24 (a)(1) table amended........................................50763
242.25 (a) amended.................................................50764
242.26 Revised.....................................................50764
242.27 (e)(3)(xiii)(B) and (xvi)(F) added; (e)(3)(xv)(A), (B), 
        (10)(iv)(I) introductory text, (J), and (13)(ix) revised 
                                                                    3084

                                  2019

36 CFR
                                                                   84 FR
                                                                    Page
Chapter II
242.24 (a)(2) table amended........................................39748
242.27 (e)(10) revised.............................................39191
242.27 (e)(3), (4), (5), (11), and (13) revised....................39748

                                  2020

36 CFR
                                                                   85 FR
                                                                    Page
Chapter II
216.2 Revised.......................................................2864
216.3 (b) revised...................................................2864
220.4 (j) added....................................................73630
220.6 (d)(10), (e)(10), and (15) removed; (d)(11), (12), and 
        (e)(21) through (25) added; (e) introductory text amended; 
        (e)(3) and (20) revised....................................73631
242.24 (a)(1) table revised; (a)(2) table heading and (3) table 
        heading added..............................................74801
242.26 Revised.....................................................74808
251.50--251.65 (Subpart B) Authority citation revised..............41392
251.51 Amended.....................................................41392
251.51 Correction: amended.........................................48476
251.54 (g)(4) and (5) revised......................................19665
251.56 (h) added...................................................41393
251.56 Correction: (h)(5)(viii)(B) revised.........................48476
254.31 Amended.....................................................60916
254.32 Heading revised; (c) added...................................8181
254.32 Revised.....................................................60916
254.35 (c) revised..................................................8181
254.36 (a) revised..................................................8181
254.37 Added.......................................................60916
254.38 Added........................................................8181
254.38 (a) revised; (b)(3) added...................................60916
294.50--294.51 (Subpart E) Added...................................68702

[[Page 558]]

                                  2021

36 CFR
                                                                   86 FR
                                                                    Page
Chapter II
219.11 (d)(4) revised..............................................68149
230 Authority citation revised.....................................17307
230.1--230.10 (Subpart A) Revised..................................17307
242.23 (a) revised.................................................17717
242.27 (e)(3) through (5), (10), and (11) revised..................17717

                                  2022

36 CFR
                                                                   87 FR
                                                                    Page
Chapter II
222.1 (b) revised; eff. 8-8-22.....................................35103
222.1--222.11 (Subpart A) Authority citation revised; eff. 8-8-22 
                                                                   35103
222.50 (h) revised; eff. 8-8-22....................................35104
242.24 (a)(1) Table 1 revised......................................44852
242.25 (a) amended; (c)(5) added; (e) revised......................44858
242.26 (e), (j)(1), and (n) revised................................44858
242.27 (e)(11) introductory text, (iv), (v), and (xvii) revised....44894
251.51 Amended......................................................7949
251.56 (h)(2), (3), (5)(viii), (7), and (10)(v) revised.............7950

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

36 CFR
                                                                   88 FR
                                                                    Page
Chapter II
294 Authority citation added........................................5272
294.50--294.51 (Subpart E) Removed..................................5272


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