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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Wild Land Recreation. The cutting, sale, or removal of timber is prohibited in Idaho Roadless Areas designated as Wild Land Recreation under this subpart, except:
(1) For personal or administrative use, as provided for in 36 CFR part 223; or
(2) Where incidental to the implementation of a management activity not otherwise prohibited by this subpart.
(b) Special Areas of Historic or Tribal Significance and Primitive.
(1) The cutting, sale, or removal of timber is prohibited in Idaho Roadless Areas designated as a Special Area of Historic or Tribal Significance or as Primitive under this subpart, except:
(i) To improve threatened, endangered, proposed, or sensitive species habitat;
(ii) To maintain or restore the characteristics of ecosystem composition, structure, and processes;
(iii) To reduce the risk of uncharacteristic wildland fire effects to an at-risk community or municipal water supply system;
(iv) For personal or administrative use, as provided for in 36 CFR part 223; or
(v) Where such cutting, sale or removal is incidental to the implementation of a management activity not otherwise prohibited by this subpart.
(2) Any action authorized pursuant to paragraphs § 294.24(b)(1)(i) through (iii) shall be limited to situations that:
(i) Maintain or improve one or more of the roadless characteristics over the long-term;
(ii) Use existing roads or aerial harvest systems;
(iii) Maximize the retention of large trees as appropriate for the forest type, to the extent the trees promote fire-resilient stands;
(iv) Are consistent with land management plan components as provided for in § 294.28(d); and
(v) Is approved by the regional forester.
(c) Backcountry/Restoration.
(1) The cutting, sale, or removal of timber is permissible in Idaho Roadless Areas designated as Backcountry/Restoration only:
(i) To reduce hazardous fuel conditions within the community protection zone if in the responsible official's judgment the project generally retains large trees as appropriate for the forest type and is consistent with land management plan components as provided for in § 294.28(d);
(ii) To reduce hazardous fuel conditions outside the community protection zone where there is significant risk that a wildland fire disturbance event could adversely affect an at-risk community or municipal water supply system. A significant risk exists where the history of fire occurrence, and fire hazard and risk, indicate a serious likelihood that a wildland fire disturbance event would present a high risk of threat to an at-risk community or municipal water supply system;
(iii) To improve threatened, endangered, proposed, or sensitive species habitat;
(iv) To maintain or restore the characteristics of ecosystem composition, structure, and processes;
(v) To reduce the risk of uncharacteristic wildland fire effects;
(vi) For personal or administrative use, as provided for in 36 CFR part 223;
(vii) Where incidental to the implementation of a management activity not otherwise prohibited by this subpart; or
(viii) In a portion of an Idaho Roadless Area designated as Backcountry/Restoration that has been substantially altered due to the construction of a forest road and subsequent timber cutting. Both the road construction and subsequent timber cutting must have occurred prior to October 16, 2008.
(2) Any action authorized pursuant to paragraphs § 294.24(c)(1)(ii) through (v) shall be approved by the Regional Forester and limited to situations that, in the Regional Forester's judgment:
(i) Maintains or improves one or more of the roadless characteristics over the long-term;
(ii) Maximizes the retention of large trees as appropriate for the forest type to the extent the trees promote fire-resilient stands; and
(iii) Is consistent with land management plan components as provided for in § 294.28(d).
(3) The activities in paragraph § 294.24(c)(1) may use any forest roads or temporary roads, including those authorized under § 294.23(b)(2 and 3) until decommissioned.
(d) General Forest, Rangeland, and Grassland. Timber may be cut, sold, or removed within Idaho Roadless Areas designated as General Forest, Rangeland, and Grassland but shall be consistent with the land management plan components as provided for in § 294.28(d).
Cite this article: FindLaw.com - Code of Federal Regulations Title 36. Parks, Forests, and Public Property § 36.294.24 Timber cutting, sale, or removal in Idaho Roadless Areas - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-36-parks-forests-and-public-property/cfr-sect-36-294-24/
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