223.280—Waiver of fees and/or fair market value.
The Forest Service waives the collection of fees otherwise required pursuant to § 223.278 of this subpart as follows:
(a)
For all federally-recognized Tribes seeking to harvest forest botanical products for cultural, ceremonial, and/or traditional purposes. Such purposes must be non-commercial, and any such harvest may be conditioned or denied for reasons similar to those provided in § 223.240 of subpart G; and
(b)
For Tribes with treaty or other reserved rights seeking to harvest forest botanical products for cultural, ceremonial, and/or traditional purposes in accordance with such treaty or other reserved rights. Such purposes must be non-commercial, and any such harvest may be conditioned or denied for reasons similar to those provided in § 223.240 of subpart G; and
(c)
When a Regional Forester or Forest Supervisor, having proper authorization from the Chief, makes a written determination that:
(1)
The harvest of a specified forest botanical product will facilitate non-commercial scientific research such as species propagation or sustainability: or
(2)
A forest botanical product is salvage because other management activities will destroy or damage the product.