36 CFR § 223.5 - Scope of free use granted to individuals.

---
identifier: "/us/cfr/t36/s223.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 223.5 - Scope of free use granted to individuals."
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "223.5"
section_name: "Scope of free use granted to individuals."
chapter_name: "FOREST SERVICE, DEPARTMENT OF AGRICULTURE"
part_number: "223"
part_name: "SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, 25 U.S.C. 3055 and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise noted."
regulatory_source: "42 FR 28252, June 2, 1977, unless otherwise noted. Redesignated at 49 FR 2760, Jan. 23, 1984."
cfr_part: "223"
---


# 223.5 Scope of free use granted to individuals.

(a) Free use may be granted to individuals for firewood for personal use, except that such use may be limited to bona fide settlers, miners, residents and prospectors living within or immediately adjacent to the National Forest when the available supply is insufficient to meet the total demand. Free use may be granted to such bona fide settlers, miners, residents and prospectors for minerals, for fencing, building, mining, prospecting and domestic purposes.

(b) Free use will be granted individuals primarily to aid in the protection and silvicultural improvement of the forests. Except in unusual cases, the material will be restricted to dead, insect-infested, or diseased timber, logging debris, and thinnings. Other material may be granted in unusual cases where its refusal would cause unwarranted hardship. Where limited supply or other conditions justify such action, the free use of green material may be refused.