36 CFR Sec. 223.239
 TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER, SPECIAL FOREST PRODUCTS, AND FOREST BOTANICAL PRODUCTS
Subpart G--Special Forest Products
Award of Contracts, Permits, or Other Authorizing Instruments
 Sec. 223.239  Free use by individuals.
     (a) Free use. A person may harvest a special forest product from 
National Forest System lands free of charge for personal, non-
commercial use up to the amount or quantity authorized by a designated 
Forest Service officer, a Forest Supervisor, or a Regional Forester, as 
delegated at 36 CFR 223.8.
    (b) Free use without a permit up to the incidental use harvest 
level. No permit is required for the free use of a special forest 
product at or below that product's incidental-use harvest level, which 
shall be determined at the discretion of the regional forester or a 
subordinate officer. The incidental use harvest level covers small 
amounts of special forest products, such as cones, mushrooms, berries, 
acorns, black walnuts, or medicinal roots. Any free use of a special 
forest product that does not have an incidental-use harvest level is 
subject to this section's permit requirements.
    (c) Free-use permit requirement. No person seeking free use of a 
special forest product, except one identified in Sec. 223.239(e), may 
harvest a special forest product above the product's incidental-use 
harvest level without submitting an application to a forest officer and 
obtaining a free-use permit, unless the permit requirement has been 
waived for a specific special forest product in a designated free-use 
area.
    (d) Contents of the permit. The permit shall indicate the type, 
amount, and/or value of the product to be harvested, the permit's 
duration, and shall contain other restrictions and requirements as 
appropriate.
    (e) Free use without a permit for members of Tribes with treaty or 
other reserved rights related to special forest products. A member of a 
Tribe with treaty or other reserved rights related to special forest 
products retains his/her ability to harvest such products in full 
accordance with existing rights, including free-use harvest without 
obtaining a free-use permit, as specified in treaty or other reserved 
rights.
    (f) Free use without a permit upon the request of the governing 
body of a Tribe. At the Agency's discretion, responsible forest 
officers may, upon the request of an authorized representative of the 
governing body of a Tribe, issue a permit that would not otherwise be 
required under paragraph (e) of this section to a Tribe with treaty or 
other reserved rights related to special forest products for the free 
use of a specified quantity of special forest products. That Tribe may 
then allocate specified quantities of the special forest product(s) to 
individual Tribal members, up to the maximum amount specified in the 
Tribal free-use permit. Any Tribe issued such a permit must provide the 
Forest Service with
information related to the permitted harvest, upon request.
    (g) Free-use restrictions. A Forest Officer may set conditions on 
the free-use harvest of a special forest product or deny the free use 
of a special forest product. Reasons for denying free-use access or 
setting conditions on free use, except as specified in Sec. 223.240, 
may include, but are not limited to:
    (1) Ensuring public safety;
    (2) Preventing interference with Forest Service and/or commercial 
operations;
    (3) Ensuring the sustainability of a special forest product; or
    (4) Otherwise protecting National Forest System land.
    (h) Unilateral termination of a free-use permit. The responsible 
forest officer, or any superior officer, may terminate a free use 
permit without compensation at any time for reasons including, but not 
limited to, resource protection, weather factors, fire season, road 
access, conflicts with other users, or permit violations.
    (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).




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