id_2409.18-2015-1
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FOREST SERVICE HANDBOOK
NATIONAL HEADQUARTERS (WO)
WASHINGTON, DC
FSH 2409.18 – TIMBER SALE PREPARATION HANDBOOK
CHAPTER 80 – USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
SPECIAL FOREST PRODUCTS - FOREST BOTANICAL PRODUCTS
Interim Directive No.: 2409.18-2015-1
Effective Date: May 14, 2015
Duration: This interim directive expires on November 14, 2016.
Approved: TINATHAN A. LEWIS
Acting Assistant Director, ORMS
Date Approved: 05/14/2015
Posting Instructions: Interim directives are numbered consecutively by handbook number
and calendar year. Post by document at the end of the chapter. Retain this transmittal as the first
page(s) of this document. The last interim directive was 2409.18-2013-3 to chapter 80.
New Document
id_2409.18-2015-1
5 Pages
Superseded Document(s)
(Interim Directive Number
and Effective Date)
id_2409.18-2013-3, 12/06/2013
5 Pages
Digest:
This interim directive (ID) reissues without change, the direction previously issued in
id_2409.18-2013-3.
82.5 - This interim directive (ID) revises the direction previously issued in id_2409.18-2011-1.
This interim directive allows use of section 8105’s authority during the rulemaking period.
WO INTERIM DIRECTIVE
EFFECTIVE DATE: 05/14/2015
DURATION: This interim directive expires on 11/14/2016.
id_2409.18-2015-1
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FSH 2409.18 - TIMBER SALE PREPARATION HANDBOOK
CHAPTER 80 - USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
SPECIAL FOREST PRODUCTS - FOREST BOTANICAL PRODUCTS
Table of Contents
82.5 - Trees, Portions of Trees, or Forest Products Free of Charge for Indian Tribes for NonCommercial Traditional and Cultural Purposes.............................................................. 3
82.51 - Definitions .................................................................................................................. 3
82.52 - Authority ..................................................................................................................... 3
82.53 - Objective ..................................................................................................................... 4
82.54 - Policy .......................................................................................................................... 4
82.55 - Responsibility ............................................................................................................. 5
WO INTERIM DIRECTIVE
EFFECTIVE DATE: 05/14/2015
DURATION: This interim directive expires on 11/14/2016.
id_2409.18-2015-1
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FSH 2409.18 - TIMBER SALE PREPARATION HANDBOOK
CHAPTER 80 - USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
SPECIAL FOREST PRODUCTS - FOREST BOTANICAL PRODUCTS
82.5 - Trees, Portions of Trees, or Forest Products Free of Charge for Indian
Tribes for Non-Commercial Traditional and Cultural Purposes
This interim directive provides direction for granting trees, portions of trees, or forest products to
Indian tribes free of charge for non-commercial traditional and cultural purposes pursuant to
section 8105 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246, § 8105,
122 Stat. 1651 (2008) [hereinafter the “2008 Farm Bill”].
82.51 - Definitions
“Indian tribe,” “traditional and cultural use,” and “tribal officials” have the following meanings
throughout this interim directive, which is consistent with section 8102 of the 2008 Farm Bill
and Executive Order 13175:
Indian Tribe. The term “Indian tribe” means any Indian or Alaska Native tribe, band,
nation, pueblo, village, or other community the name of which is included on a list
published by the Secretary of the Interior pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
Traditional and Cultural Purpose. The term “traditional and cultural purpose,” with
respect to a definable use, area, or practice, means that the use, area, or practice is
identified by an Indian tribe as traditional or cultural because of the long-established
significance or ceremonial nature of the use, area, or practice to the Indian tribe.
Tribal Officials: The term “tribal officials” means elected or duly appointed officials of
Indian tribal governments.
82.52 - Authority
Section 8105 of the 2008 Farm Bill provides as follows:
1. IN GENERAL. -- Notwithstanding section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a), the Secretary may provide free of charge to Indian tribes
any trees, portions of trees, or forest products from National Forest System land for
traditional and cultural purposes.
2. PROHIBITION. -- Trees, portions of trees, or forest products provided under
subsection (a) may not be used for commercial purposes.
WO INTERIM DIRECTIVE
EFFECTIVE DATE: 05/14/2015
DURATION: This interim directive expires on 11/14/2016.
id_2409.18-2015-1
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FSH 2409.18 - TIMBER SALE PREPARATION HANDBOOK
CHAPTER 80 - USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
SPECIAL FOREST PRODUCTS - FOREST BOTANICAL PRODUCTS
82.53 - Objective
After engaging in government-to-government consultation with Indian tribes regarding
authorization of section 8105 of the 2008 Farm Bill, the Forest Service is promulgating a
proposed rule to provide free of charge forest products to federally recognized Indian tribes for
noncommercial traditional and cultural purposes. Because this process may take some time, the
objective of this interim directive is to allow use of section 8105’s authority during the
rulemaking period.
82.54 - Policy
1. Regional foresters or designated forest officers may, at their discretion, provide trees,
portions of trees, or forest products to Indian tribes free of charge for non-commercial
traditional and cultural purposes provided that:
a. The trees, portions of trees, or forest products are provided to tribal officials on
behalf of an Indian tribe for traditional and cultural purposes; and
b. The trees, portions of trees, or forest products will not be used for commercial
purposes.
2. Delegations of authority to designated forest officers by regional foresters under this
interim directive shall not exceed the limitations set forth at 36 C.F.R. 223.8.
3. Any provisions of trees, portions of trees, or forest products under this interim
directive may be conditioned or denied for reasons including:
a. Protecting public health and safety,
b. Preventing interference with Forest Service and/or commercial operations,
c. Complying with Federal and State laws and regulations,
d. Ensuring sustainability, or
e. Otherwise protecting National Forest System land and resources.
4. All decisions made under this interim directive must comply with relevant land
management plans, the National Environmental Policy Act, the 2008 Farm Bill, and all
other applicable laws and regulations.
WO INTERIM DIRECTIVE
EFFECTIVE DATE: 05/14/2015
DURATION: This interim directive expires on 11/14/2016.
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FSH 2409.18 - TIMBER SALE PREPARATION HANDBOOK
CHAPTER 80 - USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
SPECIAL FOREST PRODUCTS - FOREST BOTANICAL PRODUCTS
82.55 - Responsibility
1. The Washington Office, Director of Forest Management will coordinate with the
Washington Office, Director of Tribal Relations on tribal issues involving the 2008 Farm
Bill.
2. Regional foresters, forest supervisors, and district rangers will ensure that all decisions
made under this interim directive comply with relevant land management plans, the
National Environmental Policy Act, the 2008 Farm Bill, and all other applicable laws and
regulations.
3. Regional foresters or designated forest officers must document all decisions made
under this interim directive.