Chief Sales Officers 2009 - DOC

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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.: 2409.18-2009-2

Effective Date: December 2, 2009

Duration: This interim directive expires on June 2, 2011.

Approved: JOEL D. HOLTROP                                     Date Approved: 12/01/2009
          Deputy Chief, National Forest System

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 2409.18-2009-1 to chapter 40.

New Document                     id_2409.18-2009-2                                     5 Pages

Superseded Document(s)           None
(Interim Directive Number
and Effective Date)

Digest:

82.5 - This interim directive provides direction for granting trees, portions of trees, or forest
products to federally recognized 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) (“2008 Farm Bill”).
WO INTERIM DIRECTIVE                                                                                               id_2409.18-2009-2
EFFECTIVE DATE: 12/02/2009                                                                                         Page 2 of 5
DURATION: This interim directive expires on 06/02/2011.

                     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 Non-
           Commercial 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                                                              id_2409.18-2009-2
EFFECTIVE DATE: 12/02/2009                                                        Page 3 of 5
DURATION: This interim directive expires on 06/02/2011.

                    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:

                   (a) 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.

                   (b) PROHIBITION. -- Trees, portions of trees, or forest products provided under
                   subsection (a) may not be used for commercial purposes.
WO INTERIM DIRECTIVE                                                                 id_2409.18-2009-2
EFFECTIVE DATE: 12/02/2009                                                           Page 4 of 5
DURATION: This interim directive expires on 06/02/2011.

                    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

The Forest Service plans to promulgate a regulation implementing section 8105 of the 2008
Farm Bill after engaging in government-to-government consultation with Indian tribes on the
subject. Because this process may take some time, the objective of this interim directive is to
allow use of section 8105’s authority during the consultation and 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 the sustainability of a special forest product, 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                                                          id_2409.18-2009-2
EFFECTIVE DATE: 12/02/2009                                                    Page 5 of 5
DURATION: This interim directive expires on 06/02/2011.

                    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.
nterim directive.

				
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