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
(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
(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
(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
(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).
Copyright 2001, Legal Content Inc., all rights reserved.