PART 5510—FREE USE OF TIMBER Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat. 1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41 Stat. 450; 30 U.S.C. 601 et seq., Source: 35 FR 9790, June 13, 1970, unless otherwise noted. Subpart 5510—Free Use of Timber; General § 5510.0-3 Authority. (a) Nonsale disposals Act of June 3, 1878. bona fide (2) Authority for the issuance of regulations governing the free use of timber for fuel in drilling operations by oil and gas lessees is contained in section 32 of the Act of February 25, 1920 (41 Stat. 405; 30 U.S.C. 189). Cross Reference: For additional free use privileges, see § 5511.3. (b) Nonsale disposals Act of July 23, 1955. (c) Nonsale disposals Act of May 14, 1898. Subpart 5511—Free Use Regulations § 5511.1 Act of 1878. § 5511.1-1 Free use of timber on mineral and nonmineral public lands. (a) Lands on which timber may be cut. (1) Mineral lands, unoccupied and unreserved and not subject to entry under existing laws of the United States, except for mineral entry, in the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, South Dakota, Utah, and Wyoming. (Act of June 3, 1878, 20 Stat. 88; 16 U.S.C. 604 through 606); (2) Nonmineral, unoccupied, and unreserved public lands in the States mentioned and also in the States of California, Oregon, and Washington. (b) Kind of timber which may be cut. (c) Area of land to be cut over. (d) Use which may be made of timber. (e) Exportation of timber. (1) Timber from a specified area in Wyoming may be exported into Idaho (Act of July 1, 1898, 30 Stat. 618; 16 U.S.C. 607, 611); (2) Timber from a specified area in Montana may be exported into Wyoming (Act of March 3, 1901, 31 Stat. 1439; 16 U.S.C. 607, 613); (3) Under the Act of March 3, 1919 (40 Stat. 1321; 16 U.S.C. 608), citizens of Malheur County, Oregon, may cut timber in Idaho and remove such timber to Malheur County, Oregon; (4) Under the Act of March 3, 1919 (40 Stat. 1322; 16 U.S.C. 609), citizens of Modoc County, California, may cut timber in Nevada and remove such timber to Modoc County, California; (5) Timber from a specified area in Arizona may be exported into Utah (Act of February 27, 1922, 42 Stat. 398; 16 U.S.C. 610); (6) Citizens of Bear Lake County, Idaho, may cut timber from public lands in Lincoln County, Wyoming, and remove such timber to Bear Lake County, Idaho, but no live standing timber may be taken without compensation (Act of August 21, 1935, 49 Stat. 665; 16 U.S.C. 611a). (f) Application and permit Information to be furnished by applicant. (ii) Blank forms for making application may be procured from the State Director for the State in which the timber to be removed is located. (iii) Applications should show the amount of timber required by each applicant; the use to be made thereof; a description of the land from which the timber is to be cut, by subdivision, section, township, and range, if surveyed, or by natural objects sufficient to identify the same if unsurveyed; and the date it is desired to begin cutting. (2) Duration of permit. (g) Agents Cutting of timber by agents. (2) Cutting of timber by agent who is a sawmill operator. [35 FR 9790, June 13, 1970, as amended at 60 FR 50450, Sept. 29, 1995] § 5511.1-2 [Reserved] § 5511.1-3 Use of timber on lands covered by grazing leases, by lessees, and others. (a) Before taking timber under a lease issued under section 15 of the Taylor Grazing Act, as amended by the Act of June 26, 1936 (49 Stat. 1978; 43 U.S.C. 315m), the lessee should file application for and procure a permit in accordance with the regulations issued under the Acts of June 3, 1878 (20 Stat. 88; 16 U.S.C. 604 through 606), and March 3, 1891 (26 Stat. 1093; 16 U.S.C. 607), §§ 5510.0-3(a) and 5511.1-1(a) to 5511.1-1(g). (b) Where application is made by a person other than the lessee to take timber from lands embraced in a grazing lease issued under section 15 of the said Act, investigation should be made to ascertain the facts in the case and whether or not the cutting of the timber applied for would adversely affect the lands for grazing purposes. If no objection appears, the permit may issue but should contain a provision that the timber cutting thereunder must be done in such manner as will not interfere with the rights of the lessee. (c) All applications for timber should be filed with the State Director for the State in which the timber to be cut is located and should comply with the regulations contained in § 5511.1-1. (Sec. 1, 20 Stat. 88, as amended, 26 Stat. 1003, as amended; 16 U.S.C. 604, 607) § 5511.2 Act of 1898 (Alaska). § 5511.2-1 Free use privilege; cutting by agent. Free use permits will not be issued where the applicant owns or controls lands having an adequate supply of timber to meet his needs. [35 FR 9790, June 13, 1970, as amended at 60 FR 50451, Sept. 29, 1995; 62 FR 51377, Oct. 1, 1997] § 5511.2-2 Free use of timber for Government purposes. Persons contracting with Government officials to furnish firewood or timber for United States Army posts or for other authorized Government purposes may procure it from the vacant and unreserved public lands in Alaska free of charge, provided the contracts do not include any charge for the value of the firewood or timber. Where it is desired to procure timber for such use, an application for permit in duplicate on a form approved by the Director must be filed, as in other cases, and a copy of the contract must be attached to the application. § 5511.2-3 Permits. (a) Application for permit. (b) Issuance and cancellation of permit; removal of timber; bond. (2) The authorized officer may cancel a permit if the permittee fails to observe its terms and conditions, or the regulations in §§ 5511.2-1 to 5511.2-6, or if the permit has been issued erroneously. (3) No timber shall be removed until the permit is issued. If deemed necessary by the signing officer, a bond, satisfactory to him, may be required as a guarantee of faithful performance of the provisions of the permit and the regulations in §§ 5511.2-1 to 5511.2-6. (c) Cutting rules and restrictions. (d) Amount of timber which may be cut. (e) Notice of completion of timber cutting operations. (f) Termination of permit; extensions. § 5511.2-4 Timber on withdrawn lands. Sections 5511.2-1 to 5511.2-5 are inapplicable to timber on withdrawn areas unless the order of withdrawal so permits. [35 FR 9790, June 13, 1970, as amended at 60 FR 50451, Sept. 29, 1995] § 5511.3 Act of 1947. § 5511.3-1 Free use of timber under other statutes. Free use will be allowed under the following circumstances: (a) In certain States by settlers on public lands, citizens and bona fide (b) In Alaska by actual settlers, residents, individual miners, prospectors for minerals, churches, hospitals and charitable institutions (§ 5511.2). (c) Free-use of timber by Governmental units, nonprofit organizations, and certain mining claimants may be authorized under the act and these regulations only when such applicants cannot qualify under the provisions of §§ 5511.1 to 5511.1-4 and § 5511.2. § 5511.3-2 Permits. (a) Application for permit. (b) Issuance and cancellation of free-use permits; bond. (2) The authorized officer may cancel a permit if the permittee fails to observe its terms and conditions or the regulations, or if the permit has been issued erroneously. (3) A bond satisfactory to the authorized officer may be required as a guarantee of faithful performance of the provisions of the permit and applicable regulations. (4) A free-use permit issued under this part may not be assigned. (c) Duration, extension, and termination of permit. (2) Permits issued for the benefit of a mining claimant under authority of the act shall terminate upon transfer of the ownership of the claim by any means. Reapplication must be made by the new claimants. § 5511.3-3 Conservation practices. All free-use timber disposed of under the act shall be severed, or removed in accordance with sound forestry and conservation practices so as to preserve to the maximum extent feasible all scenic, recreational, watershed and other values of the land and resources. In the free-use disposal of timber, cutting and removal shall be accomplished in such a manner as to leave the stand in condition for continuous production. § 5511.3-4 Removal by agent. A free-use permittee may procure the timber by agent. Such agent shall not, however, be paid more than fair compensation for the time, labor and money expended in procuring timber and processing it, and no charge shall be made by such agent for the timber itself. No part of the timber may be used in payment for services in obtaining it or processing it. § 5511.3-5 Removal of improvements. Upon expiration of the permit period the permittee will be given 90 days to remove equipment, personal property and any improvements he has placed on the land, except roads, culverts and bridges are to be left in place, in good condition and will become the property of the United States upon expiration of the 90-day removal period. § 5511.3-6 Permits to governmental units. A free-use permit may be issued to a Federal or State agency, unit, or subdivision, including a municipality, only if the applicant makes a satisfactory showing to the authorized officer that such timber will be used for a public project. The right to remove timber under the permit is not revoked or terminated by (a) any subsequent claim or entry of the lands, (b) by any mining claim located prior to the issuance of the permit if such location was subsequent to July 23, 1955, nor (c) by any other mining claim as to which the Government's right to manage the surface resources has been established in accordance with Group 3800 of this chapter, or other proceedings. § 5511.3-7 Permits to nonprofit organizations. A free-use permit issued to a nonprofit association or corporation may not provide for the disposition of more than $100 worth of timber to the permittee during any one calendar year. Such permittee is granted a right to remove timber as against a subsequent applicant who may wish to obtain the same timber by purchase. The timber may not be removed by the permittee after the land has been included in a valid claim by reason of settlement, entry, or similar rights obtained under the public land laws. § 5511.3-8 Permits to mining claimants. (a) Free-use timber shall be granted under § 5510.0-3(b) to the record owner of a valid mining claim if such claim was located subsequent to July 23, 1955, or if the Government's right to manage the surface resources has been established in accordance with Group 3400 of this chapter, and he requires more timber than is available to him for prospecting, mining, or processing operations on his claim or claims after disposition of timber from his claim by the United States. The claimant shall be entitled to the free use of timber for such requirements from the nearest timber administered by the Bureau which is substantially equal in kind and quantity to the timber estimated by the authorized officer at the time of application to have been disposed of by the Bureau from the claim. Upon issuance of a patent to the mining claims, the free-use privilege will automatically terminate. (b) The application required to be filed for free-use timber under this section must contain a statement that the timber applied for will be used for bona fide § 5511.4 Prohibited acts. (a) In addition to the prohibited acts listed in § 5462.2, the acts or omissions listed in paragraph (b) will render the person(s) responsible liable to the United States in a civil action for trespass and such persons may be prosecuted criminally. (b) The following acts are prohibited: (1) Obtaining any free use permit or taking any timber, trees, or other vegetative resources through falsifying, concealing, or covering up by any trick, scheme, or device a material fact, or making any false, fictitious, or fraudulent statements or representations, or making or using any false, fictitious or fraudulent statement or entry, including altering of any free use permit or using a reproduction of any official load tags. (2) [Reserved] (3) Violating any of the terms and conditions of a free use permit. (4) Exporting timber cut under a free use permit from the State in which it was cut, except as provided in § 5511.1-1(e). (5) The cutting of timber under a free use permit for sale, barter, speculation, or use by others than the permittee. [60 FR 50451, Sept. 29, 1995, as amended at 62 FR 51377, Oct. 1, 1997] § 5511.5 Penalties. Under section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a), any individual who knowingly and willfully commits the prohibited acts under § 5511.4(b) is subject to arrest and trial by the United States Magistrate and, if convicted, shall be subject to a fine of not more than $100,000, or not more than $250,000 if commission of the prohibited acts results in death, in accordance with the applicable provisions of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et. seq. [60 FR 50451, Sept. 29, 1995]