2431.6
Page 1 of 11
FOREST SERVICE MANUAL
MT. HOOD NATIONAL FOREST (HQ)
SANDY, OREGON
FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Mt. Hood Supplement No. 2400-2001-2.
Effective Date: June 22, 2001
Duration: This supplement is effective until superseded or removed.
Date Approved: 6/18/2001
Approved:/s/Gary L. Larsen
Forest Supervisor
Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was MH
Supplement No. 2400-2001-1 to FSM 2404.28.
New Document
Superseded Document(s)
(MH Supplement No. 224
March 1996)
2431.6
Exhibit I & Exhibit II
2431.6--1 thru 6--11
Exhibit I & II
11 Pages
11 Pages
Digest: Updates forest firewood directions the first five pages. Reissues the
subsequent of the superseded MH Supp.No. 224 as 2400-2001-2.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
Page 2 of 11
FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
2431.6 – Disposal of Firewood.
1. Authority. Establishes Forest direction related to the Charge Personal Use Firewood
Program under 36 CFR 223.1
2. Objective. The Forest objective is to make firewood available at a low cost to as wide a
range of individuals as practical, and to provide an opportunity for utilization of
material which might otherwise be wasted. The use of firewood for heating purposes
helps to alleviate energy shortages.
3. Policy. While considering multiple resource concerns, the Forest should attempt to
make the maximum amount of firewood available for personal use to as many people
as possible in an effort to achieve optimum utilization of the firewood resource.
Firewood permits will be valid Forest-wide. The “Weekly Firewood Information
Sheet” will control the actual cutting areas.
During fire season, firewood cutting will be permitted on Industrial Precaution
Classes I and II only.
Districts will update “Weekly Firewood Information Sheets” by noon on
Wednesdays for the following week starting Friday thru Thursday and mail them to
the appropriate people. These will be posted to the Web.
Executive Order No. 11246 and No. 11375 provide general civil rights direction
about Forest policy. These Executive Orders do not allow us to discriminate against
anyone on contracts or permits. Our “Weekly Firewood Information Sheets” may
say, “This area is accessible for senior citizens and handicapped woodcutters.”
However, we cannot reserve an area just for seniors and handicapped since our
supply of firewood is limited. Seniors and handicapped permittees may have an
authorized representative fulfill their permit. (See 4. below)
4.
Performance of the Permit by Others. Forest Officers may elect to allow an
authorized representative of the permittee to fulfill the conditions of the permit.
This option is applicable in extenuating circumstances with permittees, who for
reasons of age, physical disability, or handicap cannot cut, gather, and haul
firewood. When granted, the authority and reason for performance by a
representative shall be documented in writing. Use Exhibit I., Performance by
Authorized Representative, as an example of suitable format.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit I
MT. HOOD NATIONAL FOREST
AUTHORIZED WOODCUTTING REPRESENTATIVE
Date Requested Received:_________________________
General Condition #2 of the woodcutting permit notwithstanding, the entire permit and this form must be in
the possession of the authorized representative at all times when cutting or transporting firewood.
----------------------------------------------------------------------------------------------------------------------------Permittee (Person who purchased the permit):
________________________________________
________________________________________
________________________________________
________________________________________
(Name & Address, Please Print)
Permit Number:____________
Phone Number:_____________
I hereby authorized the below named Authorized Representative to cut, gather, and haul firewood for me
under the terms of my permit. As permittee, I understand that I am not relieved of the responsibilities or
liabilities assumed hereunder.
Reason for Request:
(please check one)
Age 62+___________________
Physical disability________________________
Permittee Signature____________________________________Date________________
____________________________________________________________________________________
Authorized Representative (person cutting the firewood):
______________________________
______________________________
______________________________
______________________________
(Name & Address, Please Print)
Drivers License #:_________________
Phone Number:___________________
I agree to perform under the terms and conditions of the above named permit.
Representative Signature____________________________________________Date_______________
_____________________________________________________________________________________
Forest Officer:
Approved:_______________
Denied:________________
Officer Signature__________________________________________Date______________________
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
5. Size of Sales. Permits of one through eight cords may be issued. A maximum of
eight cords is allowed per household each calendar year.
6. Sale Volume Objectives and Programs. .Firewood targets are a part of the
programmed unregulated timber harvest. Programs for personal use firewood sales
will be established in conjunction with the budgeting process.
The forest will set the opening day of firewood season each year at a special forest
products meeting. This day will change from year to year depending on weather and
supply available. The permit termination date will be November 30. The “Weekly
Firewood Information Sheet” will control area closures. The objective is to maximize
the length of the season to accommodate the public.
The Forest will attempt to minimize the conflicts between its firewood program and
the programs of adjacent Forests and other landowners.
7. Minimum and Standard Rates. The Forest will use a standard fee of $10.00 per
cord for firewood permits. This fee applies whether firewood is cut or gathered.
No refund of the fee is permitted.
8. Timber Sale Preparation. The Forest will use the TIM program to issue permits
and the Regional load ticket system. The Forest will update the TIM product
plans as needed for changes to the conditions of the firewood permit. This
firewood permit can be used to either cut or gather firewood.
9. Sale Plan Implementation. The Forest will use a uniform signing system to
regulate firewood cutting. Signs from the Forest Service Catalog of Posters and
Signs will be in standard use. Special signs may be used to serve specific
purposes.
The permit will not authorize the cutting of standing live or dead trees or the cutting of
blowdown trees with green needles, except in areas so designated on the “Weekly Firewood
Information Sheet”
The hauling of cedar in lengths longer than 18 inches is not permitted.
The hauling of any other species longer than 8 feet is not permitted unless the permit is
specifically revised to allow it.
The use of off-road skidding and yarding equipment is not permitted.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
The use of power saws is permitted only on those days shown on the Firewood Permit, and State
fire requirements will apply. The Forest will provide a recorded phone message with Fire
Precaution Class and/or Industrial Precaution Levels.
10. Procedural Steps in Handling Firewood Sales. Districts will maximize permit
availability during the prime woodcutting season. Generally, the Forest will not
issue or distribute permits by mail.
Commercial firewood sales will continue under the same procedures that have been
used in the past. (Using the 2400-3 or 2400-4 contract as appropriate.)
Financial Management will coordinate the accountability for collections and load
receipts.
11. Unadvertised Sales and Short Notice Sales. Due to the highly variable quantity
and accessibility of firewood, the Forest may use various systems to issue
firewood permits. This may include lotteries. Load receipts will be issued with
each permit at a rate of one receipt for each 1/3 cord sold.
12.
Contract Term Extension. Permits will be issued until November 30 of same
calendar year. Permits will not be extended.
13. Timber Sale Administration. The Law Enforcement Firewood Plan will provide
direction for uniform law enforcement Forest-wide. It is attached in Exhibit II.
.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II
LAW ENFORCEMENT FIREWOOD PLAN
Objective.
To insure law enforcement Forest-wide.
Policy.
FSH 5309.11 Sec.180 Timber Investigations outlines the negotiable and nonnegotiable action in the use of discretion, when dealing with a violator on National Forest land.
There will be very few exceptions when a verbal warning will be given.
The direction will be to use the Law Enforcement Management Reporting System (LEMARS).
A written warning or a Notice of Violation (NOV) will be issued to the violator in most cases.
Written warning carries no penalty. NOV has a penalty determined by U.S. Court’s Collateral
Schedule.
Negotiable – Written warning notice issued.
If the Forest Officer determines that the violation occurred because of inadvertence, lack of
understanding or misinformation.
Non-negotiable – Notice of Violation issued.
1.
Loss or damage to property or resources in excess of $100.
2.
Acts are clearly malicious, willful, or deliberate.
3.
The safety or rights of other users are in jeopardy.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II – Continued
ACTION PLAN
Violation
Action
CFR
Fine
No permit (cutting or removing)
NOV issued
261.6a or h
$100
Expired permit (cutting or removing).
NOV issued
261.6a or h
$100
Cutting or removing in undesignated area.
Warning or NOV
261.6a or h
$100
Cutting or removing undesignated
NOV
261.6a or h
$100
No map (cutting or removing).
Warning or NOV
261.6a or h
$100
Load receipt not attached to load.
NOV
261.10k
261.6e
$100
$ 40
No load receipt.
NOV
261.6a or h
261.6e
$100
$ 40
Insufficient number of load receipts
displayed on load of firewood.
NOV
261.10k
$100
Failure to validate load receipt.
NOV
261.10k
261.6e
$100
$ 40
Using load receipt more than once.
NOV
261.10k
$100
Revoke
Permit.
Load receipt – no permit.
Warning or NOV
261.6a or h
$100
Using another persons permit.
NOV
261.6a or h
$100
Counterfeit permits or load receipts
Case Report
18 USC 495
Felony
261.10k
$100
Revoke
Permit.
Exceeding maximum cords per household. NOV
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II –Continued
Violation
Action
CFR
Fine
Removing more than designated
number of cords.
NOV
261.10k
$100
Revoke
Permit
One permit, two vehicles, person
helping relative, neighbor get
wood. Load receipt on each
vehicle.
Encourage permittee
and their party to
leave the woodcutting
area together.
Person cutting in designated area
without permit, other person
hauling wood home with valid
permit and load receipt (no
vehicle in cutting area).
If Forest Officer has
any doubt the person
doesn’t have permit
identification should be
made for follow-up action at later date
Fire requirements.
Warning – NOV
No penalty
261.10k or
$100
Appropriate
Subpart B CFR.
Field Checks. When a load of firewood is checked in the field, the Forest Officer should print
his or her last name and date on the permit, load receipt, and record permittee information in a
field notebook.
Selective Enforcement.
Known violators of the woodcutting program will receive the
maximum penalty where discretion if being exercised. (Warning Notice versus Notice of
Violation).
Definitions.
Warning Notice Issued
Negotiable – Discretion being exercised.
Inadvertence – A result of inattention, oversight.
Lack of understanding – To be wanting or missing, to interpret in one of a number of possible
ways.
Misinformation – Action as a result of untrue or misleading information.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II – Continued
Notice of Violation Issued
Non – Negotiable
1.
Damage or loss to property or resources in excess of $100.
2.
Description.
a.
Malicious.
Characterized by or involving, malice; having, or done with,
wicked or mischievous intentions or motives, wrongful and done intentionally without just cause
or excuse.
b.
Willful.
A willful act may be described as one done intentionally,
knowingly, and purposely, without justifiable excuse, as distinguished from an act done
carelessly, thoughtlessly, heedlessly, or inadvertently.
c.
Deliberate.
By the use of this word, in describing a crime, the idea is conveyed
that the perpetrator weighs the motives for the act and its consequences, the nature of the crime,
or other things connected with his intentions, with a view to a decision thereon: that he carefully
considers all these, and that the act is not suddenly committed.
3.
The safety or rights of other users are in jeopardy. When a warning does not stop
an action(s) that endangers or causes a risk of an injury to other users or if the action(s) interfere
with other users legal activities and/or enjoyment of the use of Forest land or facilities.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II – Continued
Direction from Forest Special Agent:
Questions.
1.
Seized Forest products procedure.
a.
Who hauls it to District, violator or FS?
Violator if he is willing. Forest Service if he is not.
b.
When do we seize? (see FSH 5309.11 Sec. 186.01)
Anytime a NOV is issued. If property has value and title (US ownership) has
not legally changed (paid for or covered by proper permit).
c.
Describe minimum security for seized Forest products and equipment (safeguard
chain of evidence).
Any personal property seized must be kept in a locked enclosure. Seized US
property which is a part of the evidence should also be kept in a locked enclosure until after
conviction/dismissal/not guilty finding. Bulk items such as firewood or logs should be kept in a
locked compound when employees are not present or during non-work hours.
2.
What value do we use determining cost per cord? Keeping in mind FS appraised
value is $10.00 a cord.
If merchantable material from a timber sale area, the value (bid price) of the
timber sale. If merchantable material outside a timber sale area, the average bid price of at least
three timber sales (for similar materials) in the surrounding area. If firewood type material (nonmerchantable, dead and down) its value at the time seized, that is its converted value. The law
reads “wholesale or retail value whichever is highest.”
3.
Procedure for revoking firewood permits.
Take the permit and advise the permit holder you are revoking the permit and
why.
4.
Procedure and policy on seized equipment. Who does it? Level II- IV Agent.
Do not seize equipment unless you know it will be needed as evidence, that is
chainsaw which has started a fire because of defective equipment. If equipment is seized you are
responsible for theft or damage should it occur. The Forest Officer handling the case will be the
seizing officer and will be responsible for:
a.
The chain of custody.
b.
Giving the owner/possessor a receipt.
c.
Safekeeping.
d.
Property return to its owner after litigation.
MH SUPPLEMENT 2400-2001-2
EFFECTIVE DATE:06/22/2001
DURATION: This supplement is effective until superseded or removed.
2431.6
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 2430 – COMMERCIAL TIMBER SALES
Exhibit II – Continued
5.
a.
If Forest elects to use scheduled road blocks on main roads or problem areas,
would you coordinate with local law enforcement for their assistance?
Forest Officers on the Districts affected will coordinate with local or State Law
Enforcement agencies.
b.
Also coordinate with District Rangers on possible pooling of trained Forest
Officers to participate.
Forest Officers will coordinate pooling of trained officers through District Law
Enforcement coordinators and Rangers with the help of the Forest Agent or Fire Staff when
appropriate and needed.
6.
If FS employee detains a violator until help arrives, when is the violator
considered under arrest?
If a violator expresses the desire to leave the scene, and the FS employee does not
allow the violator to leave, it would be considered arrest.
The key in detaining a person until help arrives, is the manner in which the person
expresses himself/herself when asked to stay in the area.
In all cases there has to be a reasonable time period.
7.
Do we issue violator a receipt for seized wood?
Yes, Forest will send forms to Districts.
8.
Do we return seized wood to violator if case is dismissed or found not guilty?
No, unless special circumstances exist.
9.
Are map requirements enforceable?
Yes, if worded on the permit.