2400-2005-01
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 60
– USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
Supplement No.: 2400-2005-01
Effective Date: 03/07/2005
Duration: This supplement is effective until superseded or removed.
Approved: CHARLES S. RICHMOND
Forest Supervisor
Date Approved: 03/07/2005
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 2400-2004-
01 to FSM 2400.
New Document
Superseded Document(s) by
Issuance Number and
5 Pages
0 Pages
Effective Date
Digest: In order by code, summarize the main additions, revisions, or removal of direction incorporated in this supplement.
2462 – Clarifies use of Free Use authority.
2463 – Clarifies use of Administrative Use authority.
2464 – Clarifies use of Timber Settlement authority.

GMUG SUPPLEMENT
EFFECTIVE DATE: 03/07/2005
DURATION: This supplement is effective until superseded or removed.
2400-2005-01
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 60 – USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
2462 – FREE USE OF TIMBER
2462.01 – Authority
Free Use may only be granted for personal use. As stated in the national policy under this reference, individuals or organizations may receive Free Use. However, as stated in FSH
2409.18, 82.4, “Do not grant Free Use of forest products to an individual, organization, or business if they convey intent to sell or exchange the product. Do not grant Free Use to companies or corporations.”. Give consideration as to the intent of the applicant for Free Use. If the applicant will not be selling the material or exchanging the material for something of value to the applicant, Free Use may be considered. For example, Free Use could be considered for an owner of a business when the material is utilized for personal use. Free Use could not be considered if the owner intended to utilize the material in a business that would offset cost to the business, thereby increasing the profit margin. Another example would be that consideration could be made for Free Use if an organization utilizes the material for individuals to construct projects for personal use such as wreaths for personal residence decorations.
Furthermore, Free Use cannot be authorized when a special benefit not generally available to the public would be conveyed (FSH 2409.18, 82.1 and 87.3). The purpose of this consideration is to prevent biased valuation. If the conditions set forth in the previous paragraph are followed, adherence to the special benefit restriction will not be an issue.
Delegation of Free Use authority is outlined in FSM 2404.21 and 2404.28. Only individuals delegated as Forest Officers are authorized to dispose of timber and forest products under Free
Use.
2462.02 – Objective
Free Use can only be considered when needs for protection and silvicultural improvement cannot be met through the use of charge permits. Free Use is an option, not a requirement.
2462.1 – Type of Material Granted Free Use
As stated in the national policy under this reference, in general Free Use material that could be measured as cubic feet of timber (convertible products) is limited to dead, insect infested or diseased timber. However, there are exceptions when this type of material 1) is not available or
2) a need exists for timber stand improvement. In these two situations green timber may be cut.
Removal of green hazard trees around recreation residences and organizational camps
(constrained by definition in 2462.01) will be considered as timber stand improvement for the purpose that the land is managed as well as protection of the forest from damage resulting from a fire from such a facility.

GMUG SUPPLEMENT
EFFECTIVE DATE: 03/07/2005
DURATION: This supplement is effective until superseded or removed.
2400-2005-01
Page 3 of 5
FSM 2400 – TIMBER MANAGEMENT
CHAPTER 60 – USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
Nonconvertible products (material that cannot be measured as cubic feet) are not limited except by the general Free Use guidelines relative to value, applicant and intended purpose. Many of these products are also referred to as special forest products. Also see FSH 2409.18, 82.1.
2462.2
– Applicants Granted Free Use
2. Free Use to Settlers, Miners, Residents, and Prospectors. As stated in the national policy under this reference, consider a resident as an individual with an association with the forest that appears similar to that of a settler, prospector or miner. Owners of recreation residences and operators of cow camps within the National Forest appear to have such an association with the forest. In addition, certain activities of general forest visitors are considered an association with the forest, such as gleaning for mushrooms, berries and dry cones. Therefore certain material within the context of the above may be granted as Free Use rather than charge material.
7. Transients. Campers and outfitter guides will be considered as transients for purposes of Free Use guidance. The material utilized by these segments of the population must not be removed from the National Forest, but instead utilized on the National Forest.
2462.4 – Amount of Material
For amounts of material exceeding Free Use authority resulting from recreation residences and organizational camps, consider the application under Administrative Use (FSM 2463).
2462.5 – Resource Protection and Accountability Needs
Free Use may be authorized through two separate procedures as described in FSH 2409.18,
87.51a. Refer to the handbook text for detailed guidance. The term “small amounts” under
Incidental Free Use Without a Permit will be defined as a reasonable amount of material gathered relative to the intended personal use within the context of the Free Use authority. For purposes of clarification, applicants for personal use such as timber cut as hazard trees resulting from maintenance provisions of recreation residence and organizational camp special use permits; fuelwood for cow camps, campers and outfitter guides; and gleaning for such products as mushroom, berries and dry cones will not require a permit when conditions are met for Free
Use. Fuelwood and timber cut as hazard trees specified herein must not be removed from the
National Forest.

GMUG SUPPLEMENT
EFFECTIVE DATE: 03/07/2005
DURATION: This supplement is effective until superseded or removed.
2400-2005-01
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 60 – USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
2463 – ADMINISTRATIVE USE
2463.01 – Authority
Delegation of Administrative Use authority is outlined in FSM 2404.21 and 2404.28. Only individuals delegated as Forest Officers are authorized to dispose of timber and forest products under Administrative Use.
2463.02
– Objective
The national policy under this reference does not clearly state condition 1) permitting disposal of timber under Administrative Use authority as stated in 36 CFR 223.2(a). The regulation states that Administrative Use permits the disposal of timber “For construction, maintenance or repair of roads, bridges, trails, telephone lines, fences, recreation areas or other improvements of value for the protection or the administration of Federal lands.”. FSH 2409.18, 83.3 is also clarified by this regulation.
This statement of regulation combined with condition 5) of the national policy under this reference (For disposal to enhance multiple uses for protection or improvement of National
Forest System lands.), relates to management of recreation residences and organizational camps.
The special use permit requires cutting hazard trees to maintain and protect the facility from structural damage from falling trees, but also to protect the forest from damage resulting from a fire from the facility. The cutting of timber is a response to administration of the special use permit maintenance provisions. Therefore, apply Administrative Use procedures to requests from recreation residences and organizational camps.
2463.03 – Policy
The justification for using Administrative Use rather than commercial use for cutting hazard trees from recreation residences and organizational camps will be met by Forest Officers referencing this policy as a supplement to the Operating Plan (FSH 2409.18, 84.1 R2
Supplement). Maintenance provisions of the special use permits for recreation residences and organizational camps require cutting hazard trees. The Forest Officer as required under FSM
2404.21 and 2404.28 will designate the trees. The number of trees is usually minimal and the defect within the trees is high resulting in relatively small volume. Therefore the fixed costs for removal of the timber are usually high and the appraisal value for the timber is extremely deficit.
Selling this material commercially is typically not an option. However if several facilities have hazard trees to be cut or there are several trees to be cut, consider selling as a commercial sale.
2463.1
– Conditions of Use

GMUG SUPPLEMENT
EFFECTIVE DATE: 03/07/2005
DURATION: This supplement is effective until superseded or removed.
2400-2005-01
Page 5 of 5
FSM 2400 – TIMBER MANAGEMENT
CHAPTER 60 – USES OF TIMBER OTHER THAN COMMERCIAL TIMBER SALES
The following provides for clarification for maintenance provisions of recreation residence and organizational camp special use permits.
1. Free Administrative Use. As discussed under FSM 2463.02, the maintenance of hazard trees around recreation residences and organizational camps has compensating benefits to the Government. Furthermore, FSM 2462 provides the basis for consideration of recreation residence owners to be treated as “residents”. Therefore consider offering hazard tree timber under the Free Administrative Use authority without a permit within the delegation in FSM
2404.28. The special use permit Operating Plan must be supplemented to justify use of Free
Administrative Use procedures.
For simplicity, utilize Free Use authority rather than Free Administrative Use when conditions are met under FSM 2462.
2. Administrative Use Sales. Concessionaire permits are operated by a business, of which one activity is selling fuelwood. Therefore, maintenance of hazard trees at campgrounds and other facilities under a concessionaire permit will be an Administrative Use sale when material resulting from hazard tree removal is utilized, sold or distributed by the concessionaire.
When a concessionaire does not utilize, sell or distribute material resulting from hazard tree removal and the Forest Service retains possession of the material (on site or removed), a transaction has not occurred. Therefore, no permit would be required under this scenario.
2464 – TIMBER SETTLEMENT
2464.01
– Authority
Prior to consideration of this authority, there must be an authorized occupancy of National Forest land. This is usually in the form of a special use permit or easement. Examples of such occupancy are utility corridors, reservoirs, ditches, road right-of-ways and electronic sites. By definition in FSM 2464.05, the occupancy of the land and incidental activity of cutting, damaging, killing or destroying the timber is considered as a forced sale.
Consider the cutting of a few hazard trees around recreation residences and organizational camps under Administrative Use and Free Use authorities relative to activities with “residents”.
Although several special use permits contain a maintenance requirement for cutting the hazard trees, “residents” rather than businesses own recreation residences. (See FSM 2462.2).
Maintenance requirements of special use permits can result in cutting relatively minor amounts of timber. For efficiency, consider utilizing a direct commercial sale rather than Timber
Settlement authority to facilitate timely removal. Use Timber Settlement authority for timber removal above minor amounts.