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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
and Regulations, individuals and businesses wishing to remove forest products from National Forest System lands must request a permit. To obtain a permit, applicants must meet the criteria at 36 CFR 223.1, 223.2, and 223.5223.13, which authorizes free use or sale of timber or forest products.
Under the Food, Conservation, and Energy Act of 2008 Pub. L. 110246, 122 Stat. 1651 section 8105 Forest Products for Traditional and Cultural Purposes hereinafter referred to as section 8105, federally recognized Indian tribes may make a request for free use of trees, portions of trees, or forest products for traditional and cultural purposes, provided the use will not be for commercial purposes. Section 8105 has been codified in 25 U.S.C.
chapter 32A Cultural and Heritage Cooperation Authority, section 3055
Forest Products for Traditional and Cultural Purposes 25 U.S.C. 3055.
Additionally, Forest Service issued final implementation regulations, for section 8105, at 36 CFR 223.15 Provision of Trees, Portions of Trees, or Forest Products to Indian Tribes for Traditional and Cultural Purposes.
Indian tribes seeking products, under section 8105 authority, must make a request for free use, following the criteria at 36 CFR 223.15, which includes: Requests for trees, portions of trees, or forest products . . . must be submitted to the local Forest Service District Rangers Offices in writing.
Requests may be made: 1 Directly by a tribal officials 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. Note: There is no stated maximum free use limitation for products requested by Indian tribes, and there is no limitation to the number of requests that each federally recognized Indian tribe may make, under section 8105 authority. Should federally recognized Indian tribes seeking such use wish to obtain proof of possession, as may be required in some States, they could be issued a FS2400
8 permit which allows use of timber or forest products at no charge 36 CFR
223.5223.13.
Upon receiving a permit, the permittee must comply with the terms of the permit 36 CFR 261.6, which designates the forest products that can be harvested and under what conditions, such as limiting harvest to a designated area or permitting harvest of only specifically designated material.
The collected information will help the Forest Service and the Bureau of Land Management for form FS24001

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oversee the approval and use of forest products by the public.
When applying for forest product removal permits, applicants depending on the products requested would provide information needed to complete one of the following:
FS24001, Forest Products Removal Permit and Cash Receipt, is used to sell timber or forest products such as, but not limited to, fuelwood, Christmas trees, or pine cones 36 CFR
223.1, 223.2. The Bureau of Land Management identifies the FS24001
as BLM545024 43 U.S.C. 1201, 43
CFR 5420. This form would not be used to issue products requested by federally recognized Indian tribes under section 8105 authority. In addition, beginning in calendar year 2020, the agency has made the option available to the public to use Recreation.gov to secure a permit online for Christmas trees at many forests and print it out at home instead of traveling to a Forest Service office to get the permit there.
FS24004/FS24004ANF, Forest Products Contract and Cash Receipt, are used to sell timber products such as sawtimber or forest products such as, but not limited to, fuelwood, or posts and poles. These forms would not be used to issue products requested by federally recognized Indian tribes under section 8105 authority.
FS24008, Forest Products Free Use Permit, allows use of timber or forest products at no charge to the permittee 36 CFR 223.5223.13. This form could be used to issue products requested by federally recognized Indian tribes under section 8105
authority.
Each form listed above implements different regulations and has different provisions for compliance but collects similar information from the applicant for related purposes.
The Forest Service and the Bureau of Land Management will use the information collected on form FS2400
1 to ensure identification of permittees in the field by agency personnel. The Forest Service will use the information collected on forms FS24004/FS
24004ANF and/or FS24008 to:
Ensure that permittees obtaining free use of timber or forest products qualify for the free-use program.
Ensure that permittees obtaining free use of timber or forest products, under 36 CFR 223.8, do not receive product value in excess of that allowed by regulations. However, as noted above for federally recognized Indian Tribe requests made under section 8105
authority, there is no stated maximum free use limitation 25 U.S.C. 3055.

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Ensure that applicants purchasing timber harvest or forest products permits non-competitively do not exceed the authorized limit in a fiscal year 16 U.S.C. 472a.
Ensure identification of permittees, in the field, by Forest Service personnel.
Applicants may apply for more than one forest product permit or contract per year. For example, an applicant may obtain a free use permit for a timber product such as, but not limited to, pine cones FS24008 and still purchase fuelwood FS24001, and/or FS2400
4/24004ANF. Additionally, as noted above, there is no limitation to the number of requests that each federally recognized Indian tribe may make under section 8105 authority 25 U.S.C. 3055.
Individuals and small business representatives usually request and apply for permits and contracts in person at the office issuing the permit.
As noted above, Indian tribes seeking products under section 8105 authority must make a written request for free use, following the criteria at 36 CFR 223.15.
Applicants provide the following information, as applicable:
Name, Address, and Personal identification number such as tax identification number, drivers license number, or other unique number identifying the applicant.
Agency personnel enter the information into a computerized database to use for subsequent requests by applicants for a forest product permit or contract. The information is printed on paper, which the applicant signs and dates. Agency personnel discuss the terms and conditions of the permit or contract with the applicant.
For Christmas tree permits purchased through the Recreation.gov website, a user is required to have an account which requires first name, last name, email address and mobile phone number.
The data gathered is not available from other sources. The collected data is used to ensure:
Applicants for free use permits meet the criteria for free use of timber or forest products authorized by regulations at 36 CFR 223.5223.13;
and, for federally recognized Indian tribes under section 8105 authority, the criteria at 36 CFR 223.15;
Applicants seeking to purchase and remove timber or forest products from Agency lands meet the criteria under which sale of timber or forest products is authorized by regulations at 36 CFR
223.80; and Permittees comply with regulations and terms of the permit at 36 CFR 261.6.

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