tices of closure shall be posted in such locations as will reasonably bring them to the attention of the public and a copy of the closure order shall be kept available to the public in the offices of the Ranger and Supervisor. Nothing herein contained shall deprive actual residents within the national forests from reasonable opportunity to travel to and from their homes.

(i) Using prohibited vehicles in crosscountry travel on areas of national forest lands during any period when such areas have been closed to such vehicles by authority of the regional forester. Notices of the closure shall be posted in such locations as will reasonably bring them to the attention of the public and a copy of the closure order shall be kept available to the public in the offices of the Ranger and Supervisor.

[1 F.R. 1270, Aug. 15, 1936, as amended at 28 F.R. 5618, June 7, 1963]

§ 261.5 Rewards in connection with property prosecutions.

(a) Hereafter, unless otherwise ordered, provided Congress shall make the necessary appropriation, or authorize the payment thereof, the Department of Agriculture will pay not exceeding $100 and not less than $25 for information leading to the arrest and conviction of any person charged with destroying or stealing any property of the United States within the custody of the Chief of the Forest Service, Forest Service, United States Department of Agriculture.

(b) This reward will be paid to the person or persons giving the information leading to such arrest and conviction upon presention to the Department of Agriculture of satisfactory evidence thereof, subject to the necessary appropriation as aforesaid, or otherwise as may be provided.

(c) Officers and employees in the Department of Agriculture are barred from receiving such rewards.

(d) The Department of Agriculture reserves the right to refuse payment of any claim for reward when, in its opinion, there has been collusion or improper methods used to secure arrest and conviction, and to allow only one reward where several persons have been convicted of the same offense or where one person has been convicted of several offenses, unless the circumstances have entitled the person to a reward on each conviction

(e) Applications for reward, made in pursuance of the above notice, should be forwarded to the Chief of the Forest Service, Washington, D.C., but no claim will be considered unless presented within 3 months from the date of conviction of an offender. In order that all claimants for rewards may have an opportunity to present their claims within the prescribed limit, the Department will not take action with respect to rewards for 3 months from the date of the conviction of an offender.

(58 Stat. 736; 16 U.S.C. 559a) [1 F.R. 1270, Aug. 15, 1936]

§ 261.6 Timber uses restricted.

The following acts are prohibited on lands of the United States within National Forests:

(a) Cutting, killing, destroying, girdling, chipping, chopping, boxing, injuring, or otherwise damaging, or removing any timber or other forest product, except as authorized by law or regulation of the Secretary of Agriculture.

(b) Damaging or cutting under any contract of sale or permit, any living tree before it is marked or otherwise designated for cutting by a forest officer.

(c) Removing any timber or other forest product cut under contract of sale or permit, except to a place designated for scaling, or removing it from that place before scaled, measured, counted, or otherwise accounted for by a forest officer.

(d) Stamping, marking with paint or otherwise identifying any timber or other forest products belonging to the United States, in a manner similar to that employed by forest officers to mark or designate timber or other forest products for cutting or removal. [32 F.R. 6622, Apr. 29, 1967]

§ 261.7 Unauthorized livestock use.

The following acts are prohibited on all National Forest System lands or other lands under Forest Service control:

(a) The grazing upon or driving across such lands of any livestock not under grazing permit or grazing agreement, except such livestock as are specifically exempted from permit or agreement.

(b) The grazing of livestock within an area closed to the grazing of that kind of livestock.

(c) Allowing livestock not exempt from grazing permit or grazing agreement to drift onto and graze such lands without a permit or agreement.

(d) Refusal to remove unpermitted nonexempt livestock upon instructions from an authorized Forest officer. [33 F.R. 16346, Nov. 7, 1968]

§ 261.8 Hunting, trapping, and fishing. The following acts are prohibited on lands of the United States within national forests:

(a) Hunting, trapping, fishing, catching, molesting, killing, or having in possession any kind of wild animal, bird, or fish, or taking the eggs of any such bird, in violation of the laws of the State in which such land is situated.

(b) Carrying or having possession of, in violation of the laws of the State in which such land is situated, firearms, other implements designed to discharge missiles in the air or under water capable of destroying animal life, or equipment, which could be used for hunting, fishing, or trapping.

(c) Permitting dogs to run at large in violation of the laws of the State in which such land is situated.

[28 F.R. 7673, July 27, 1963]

§ 261.9 Restrictions on hunting, trapping, or fishing within the boundaries of a national refuge.

The following acts are prohibited upon any National Forest lands embraced within the boundaries of a national game refuge or preserve or wildlife preserve, established by or under authority of an act of Congress, except when authorized by or under the authority of the Chief, Forest Service:

(a) Hunting, trapping, fishing, catching, molesting, or having in possession any kind of game or wild nongame animal, bird, or fish, or taking the eggs of any such bird.

(b) Carrying or having possession of firearms.

(c) Permitting dogs to run at large, or having in possession dogs not in leash or confined.

[28 F.R. 7673, July 27, 1963]

enterprise or carrying on any kind of work without a permit, except as otherwise allowed by law or regulation.

(c) The placing by any person, association, or corporation, without written permission from a forest officer, of stock within an inclosure designated by the Forest Service as a pasture for tourists' stock, and allowing such stock to remain in the inclosure for more than 48 hours in succession, or more than twice during any calendar year.

(d) Having or leaving in an exposed or insanitary condition on national forest lands camp refuse or debris of any description, or depositing on national forest lands or being or going thereon and depositing in the streams, lakes, or other waters within or bordering upon the national forests any substance or substances which pollute or are liable to cause pollution of the said streams, lakes, or waters.

(e) The discharging of firearms in the vicinity of camps, residence sites, recreation grounds and areas, and over lakes or other bodies of water adjacent to or within such areas, whereby any person is exposed to injury as a result of such discharge.

(f) Going or being upon, or taking, transporting, or allowing cattle, sheep, hogs, or other animals on, any lands within a national forest to which the United States has legal or equitable title which are closed to use by the regional forester because of danger from the spread of any communicable or infectious disease of cattle, sheep, hogs, or other animals, such as foot-and-mouth disease or scabies except under permit issued by a forest officer not in conflict with a State or Federal quarantine law or regulation; but no permit shall be required of any actual resident within the national forest going to or from his home, if unaccompanied by any animals. (g) [Reserved]

(h) The operation of motorboats on artificial bodies of water without adequate devices to prevent unnecessary noise or at a rate of speed in excess of 5 miles per hour when within 150 feet of bathers, small boats, or established boat landings.

(i) The unauthorized going or being upon any area which has been closed by the Chief, Forest Service, for the perpetuation and protection of (1) rare or vanishing species of plants or animals, (2) special biological communities, or (3) historical or archaeological places or

objects of interest; also the unauthorized going or being upon any area so closed for scientific experiments and investigations, or for other purposes where controlled use is necessary in order to insure proper treatment and protection. The boundaries of each area shall be defined by the regional forester and indicated insofar as practicable by posting notices along such boundaries and on roads and trails leading into such areas.

(j) Occupancy or use of land in violation of conditions authorized by § 251.25.

(k) The unauthorized going or being upon any area which, in the public interest, has been closed by the regional forester as a means of preventing the malicious destruction of, or injury to property or works located thereon, or adjacent thereto, regardless of the ownership of the property or works. The boundaries of each area shall be defined by the regional forester, and, insofar as practicable, indicated by posting notices along such boundaries and on roads and trails leading into the area.

(1) (1) The placing of any vehicle or other object upon such lands in such a manner that it is an impediment or hazard to the safety, convenience, or comfort of other users of the area.

(2) If, in the opinion of the forest officer, prompt removal of the object is desirable, he may remove it, or cause it to be removed to a more suitable place.

(m) The going or being upon a unit of the National Wilderness Preservation System established by the Wilderness Act of September 3, 1964 (16 U.S.C. 11311136), without complying with the requirements for registration, camping, grazing of recreation livestock, and other uses of National Forest land. Notice of requirements shall be posted in such locations as will reasonably bring them to the attention of the public and a copy of such requirements shall be kept available to the public in the offices of the Ranger and Supervisor and at registration stations.

(50 Stat. 526; 74 Stat. 215; 78 Stat. 890; 7 U.S.C. 1011(f); 16 U.S.C. 528-531, 11311136) [1 F.R. 1271, Aug. 15, 1936, as amended at 2 F.R. 93, Jan. 14, 1937, 4 F.R. 3994, Sept. 20, 1939, 6 F.R. 550, Jan. 22, 1941, 28 F.R. 1769, Feb. 26, 1963, 31 F.R. 7902, June 3, 1966; 32 F.R. 12947, Sept. 12, 1967]

CROSS REFERENCE: For regulations of the Agricultural Research Service relating to the prevention of animal diseases such as footand-mouth, scabies, etc., by inspection of animals during interstate transportation, see 9 CFR Parts 71-83.

§ 261.13 Impoundment and disposal of unauthorized livestock.

Unauthorized livestock on the National Forest System lands and on other lands under Forest Service control, which are not removed therefrom within the periods prescribed by this regulation, may be impounded and disposed of by a Forest officer as provided herein.

(a) When a Forest officer determines that unauthorized livestock use is occurring and has definite knowledge of the kind of unauthorized livestock, and knows the name and address of the owners, such livestock may be impounded any time 5 days after written notice of intent to impound unauthorized livestock is mailed by certified or registered mail or personally delivered to such owners.

(b) When a Forest officer determines that unauthorized livestock use is occurring but does not have complete knowledge of the kind of livestock, or if the name and address of the owner thereof are unknown, such livestock may be impounded any time 15 days after the date a notice of intent to impound unauthorized livestock is first published in a local newspaper and posted at the county courthouse and in one or more local post offices. The notice will identify the area or areas in which it will be effective.

(c) Unauthorized livestock on National Forest System lands and on other lands under Forest Service control, which are owned by persons given notice under paragraph (a) of this section, and any unauthorized livestock in areas for which a notice has been posted and published under paragraph (b) of this section, may be impounded without further notice any time within the twelve-month period immediately following the effective date of the notice or notices given under paragraphs (a) and (b) of this section.

(d) Following the impoundment of unauthorized livestock, a notice of sale of impounded livestock will be published in a local newspaper, and posted at the county courthouse and in one or more local post offices. The notice will describe the livestock and specify the date, time, and place of sale. The date set shall be at least 5 days after the publishment and posting of such notice.

(e) The owner may redeem the livestock any time before the date and time set for the sale by submitting proof of ownership and paying for all expenses

incurred by the United States in gathering, impounding, and feeding or pasturing the livestock.

(f) If the livestock are not redeemed on or before the date and time fixed for their sale, they shall be sold at public sale to the highest bidder, providing his bid is at or above the minimum amount set by the Forest Service. If a bid at or above the minimum amount is not received, the livestock may be sold at private sale at or above the minimum amount, reoffered at public sale, condemned and destroyed, or otherwise disposed of. When livestock are sold pursuant to this regulation, the Forest officer making the sale shall furnish the purchaser a bill of sale or other written instrument evidencing the sale. Agreements may be made with State agencies whereby unbranded livestock or livestock of unknown ownership are released to the agency for disposition in accordance with State law.

§ 261.15

Impounding of dogs.

Any dog found running at large on national forest lands, including game refuges within national forests, which have by regulation of the Secretary of Agriculture been closed to dogs running at large, may be captured and impounded by Forest officers. Forest officers will notify the owner of the dog, if known, of such impounding, and the owner will be given 5 days within which to redeem the dog. A dog may be redeemed by the owner by submitting adequate evidence of ownership and paying all expenses incurred by the Forest Service in capturing and impounding it. If the owner fails to redeem the dog within 5 days after notice, or if the owner cannot be ascertained within 10 days from the date of impounding, the dog may be destroyed or otherwise disposed of in the discretion of the Forest officer having possession of it.

[6 F.R. 302. Jan. 14, 1941]

§ 261.16 Impounding of personal prop

erty.

(a) Automobiles or other vehicles, trailers, boats, camping equipment, and other inanimate personal property on National Forests or other land or waters under Forest Service control without the authorization of a forest officer which are not removed therefrom within the prescribed period after a warning notice as provided in this regulation may be impounded by a forest officer. Whenever such forest officer knows the name

and address of the owner, such impoundment may be effected at any time five days after the date that written notice of the trespass is mailed by registered mail or delivered to such owner, unless in the meantime the trespass has ceased.

(b) In the event the local forest officer does not know the name and address of the owner, impoundment may be effected at any time fifteen days after the date a notice of intention to impound the property in trespass is first published in a local newspaper and posted at the county courthouse and in one or more local post offices. A copy of this notice shall also be posted in at least one place on the property or in proximity thereto.

(c) Personal property of the kind specified in paragraph (a) of this section belonging to an owner whose identical property has been previously found in trespass during the calendar year, which subsequent to notice and action under paragraph (a) or (b) of this section, is found in continuing or subsequent trespass, within twelve months after the original notice of intiention to impound such property is mailed or delivered to the owner or first published in the calendar year in a local newspaper and posted at the county courthouse and in one or more local post offices, may be impounded without further notice.

(d) Personal property impounded under this regulation may be disposed of at the expiration of 90 days after the date of impoundment. The owner may redeem the personal property within the 90-day period by submitting proof of ownership and paying all expenses incurred by the United States in advertising, gathering, moving, impounding, storing and otherwise caring for the property, and also for the value of the use of the site occupied during the period of the trespass.

(e) If the personal property is not redeemed on or before the date fixed for its disposition, it shall be sold by the Forest Service at public sale to the highest bidder. If no bid is received, the property, or portions thereof, may, in the discretion of the responsible forest officer, be sold at private sale or be condemned and destroyed or otherwise disposed of. When personal property is sold pursuant to this regulation, the forest officer making the sale shall furnish the purchaser a bill of sale or other written instrument evidencing the sale.. (50 Stat. 526; 7 U.S.C. 1011(f)) [28 F.R.. 1769, Feb. 26, 1963]

(a) The term "Smokey Bear" as used in the regulations in this part means the character "Smokey Bear" originated by the Forest Service of the United States Department of Agriculture in cooperation with the Association of State Foresters and The Advertising Council, or any facsimile thereof, or the name "Smokey Bear," or any name or designation sufficiently similar as to suggest the character "Smokey Bear".

(b) The term "Chief" means the Chief of the Forest Service, United States Department of Agriculture, or person designated to act for him.

(c) The term "Association of State Foresters" means the national organization of State Foresters.

(d) The term "The Advertising Council" is the Advertising Council, Inc., organized under the laws of the State of New York.

§ 271.2 Use of official campaign materials.

Official Cooperative Forest Fire Prevention materials may be used without express approval where such use is solely for the purpose of increasing public information regarding forest fire prevention.

(a) The Chief may authorize the commercial manufacture, importation, reproduction, or use of "Smokey Bear” upon the following findings:

(1) That the use to which the article or published material involving Smokey Bear is to be put shall contribute to public information concerning the prevention of forest fires.

(2) That the proposed use is consistent with the status of Smokey Bear as the symbol of forest fire prevention and does not in any way detract from such status.

(3) That a use or royalty charge which is reasonably related to the commercial enterprise has been established. (b) Such other conditions shall be included as the Chief deems necessary in particular cases.

The manufacture, importation, reproduction or use of "Smokey Bear," except as provided under § § 271.2, 271.3, or 271.4 is unauthorized.

§ 271.6 Review of licenses.

The Chief will cooperate with the Association of State Foresters and the Advertising Council, and for this purpose may review with these organizations from time to time the nature and status of licenses granted under these regulations in this part.

§ 271.7 Power to revoke.

It is the intention of the regulations in this part that the Chief, in exercising the authorities delegated hereunder, will at all times consider the primary purpose of fostering public information in the prevention of forest fires. All authorities and licenses granted under the regulations in this part shall be subject to abrogation by the Chief at any time he finds that the use involved is injurious to the purpose of forest fire prevention, is offensive to decency or good taste, or for similar reasons in addition to any other limitations and terms contained in the licenses.

§ 271.8 Consultation with Association of State Foresters and the Advertising Council.

These regulations in this part have been issued after consultation with the Association of State Foresters and the Advertising Council.