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(b) Constructing or maintaining any kind of works, structure, fence, or inclosure; conducting any kind of business 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.

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.

(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

(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.

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]

(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

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§ 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.

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These regulations in this part have been issued after consultation with the

and outstanding rights. Payment for land.

Appeals.

Delegation of authority.

AUTHORITY: The provisions of this Part 281 issued under sec. 10, 36 Stat. 962; 16 U.S.C. 519.

SOURCE: The provisions of this Part 281 appear at 20 F.R. 2024, Mar. 31, 1955, unless otherwise noted.

§ 281.1

Land subject to disposal.

Only lands acquired by the United States pursuant to the aforesaid act of March 1, 1911, as amended, or lands which are by statute subject to laws and regulations applicable to lands acquired under said law are subject to disposal under the regulations prescribed in §§ 281.1 to 281.13. Tracts or parcels of land to be sold under said sections must meet the following conditions: (a) Contain 80 acres or less in area; (b) be chiefly valuable for agricultural purposes; (c) be accessible to community facilities and so located that use and development for agriculture will not unduly increase the cost of publicly financed facilities or services; (d) be so situated and of such topographic and soil types and characteristics that agricultural use under agricultural methods and practices common in the area will not result in damaging soil erosion or materially increase surface runoff of rainfall from the tract or increase siltation of streams; (e) are not needed for public purposes; and (f) use for agricultural purposes will not be contrary to local or state zoning ordinances or other land use restrictions.

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§ 281.3 Applicants.

An applicant for purchase of lands designated in § 281.1 must be a bona fide resident of the general locality in which the lands are situated and engaged in agriculture, or must give satisfactory evidence of intent to become an actual settler in the locality for farming purposes. An applicant must be 21 years of age or over, or if under the age of 21 years the head of a family, and a citizen of the United States or have declared intentions of becoming a citizen.

§ 281.4 Applications.

Applications may be filed with the Forest Ranger who administers the lands or the Forest Supervisor or other administering official of the national forest or purchase unit wherein the lands are situated. Each application must include as precise a description of the lands desired as possible, and in such detail as will permit their location on the ground by examining officers. The applicant must furnish evidence satisfactory to the Forest Service that he can comply with the requirements and specifications of § 281.3 and that he will use the lands, if he acquires them, for agricultural purposes. His name and address must be clearly set forth.

§ 281.5 Examination and appraisal.

Upon receipt of an application meeting the requirements of § 281.4, the Forest Service will examine the land applied for and will determine if it properly may be sold under the applicable law and part 281 of this chapter. If the decision is that it should not be sold, the applicant will be so notified, with reasons for the decision. If it is determined that the land properly may be sold, the necessary appraisal will be made to determine its true value.

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§ 281.8 Sale procedure.

(a) Notice of sale of lands found qualified for sale under § 281.1, upon application or otherwise, will be published by the Forest Service once each week for three consecutive weeks in a publication of general circulation in the county wherein the lands are situated, and a similar notice will be sent by regular mail to the applicant, if any and to any other persons known to be interested. Such notice may be published in newspapers circulating in adjoining counties to the extent desirable to give adequate public notice. The notice shall describe the lands to be sold, shall state the minimum acceptable price, which shall be the appraised value of the lands, any conditions of sale or proposed reservations; the deposit, required to be furnished with the bid, and shall prescribe the date by which sealed bids must be received or the date on which a sale through oral bids will be held and the Forest Service office to which bids shall be sent or at which the sale will take place. The published notice will also set forth the qualifications which bidders must meet in accordance with § 281.3.

(b) The Forest Service may invite sealed bids or provide for sale through oral bids. Sealed bids must be accompanied by evidence that bidder can meet the provisions of § 281.3 and like evidence must be shown if sale is by oral bid. Sealed bids also must be accompanied by money order or certified or cashier's check for 25 percent of the amount bid, such deposit to be returned if the bid is rejected or retained and applied on the purchase price if the bid is accepted. Award of sale through oral bid will be conditioned upon deposit by the highest bidder of 25 percent of the bid price.

(c) Lands will be sold to the highest bidder qualified under the law and the provisions of this part, but at not less

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