36 C.F.R. § 223.5

Scope of free use granted to individuals

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(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.

Notes of Decisions
Cited in 2 cases, 1981–1984 · leading case: Siller Bros. v. United States, 228 Ct. Cl. 76 (Ct. Cl. 1981).
Siller Bros. v. United States, 228 Ct. Cl. 76 (Ct. Cl. 1981). · cites it 2× “36 C.F.R. § 223.5 (h)(1) (emphasis added) (italicized portion added effective June 2,1977).”
Shermco Indus., Inc. v. Sec'y of Air Force, 584 F. Supp. 76 (N.D. Tex. 1984). “In denying the contractor a right to rebid, the Forest Service relied on a regulation prohibiting a contractor from bidding on an uncompleted timber sale contract if that contractor had not completed the contract by cutting the designated timber, 36 C.F.R. § 223.5 (h)(1). The…”
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