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e-CFR data is current as of September 16, 2020

Title 36Chapter II → Part 264


Title 36: Parks, Forests, and Public Property


PART 264—PROPERTY MANAGEMENT


Contents

Subpart A—Official Forest Service Insignia

§264.1   Definitions.
§264.2   Use of insignia.
§264.3   Licensing for commercial use.
§264.4   Unauthorized use.
§264.5   Power to revoke.

Subpart B—Mount St. Helens National Volcanic Monument Symbol

§264.10   Establishment.
§264.11   Use of symbol.
§264.12   Use without permission.
§264.13   Unauthorized use.

Authority: 5 U.S.C. 301.

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Subpart A—Official Forest Service Insignia

Source: 49 FR 7367, Feb. 29, 1984, unless otherwise noted.

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§264.1   Definitions.

(a) The term Insignia means the Official Forest Service Insignia as shown here

eCFR graphic ec21oc91.064.gif

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or any likeness thereof, in total or in part, which is used in such a manner as to suggest the insignia.

(b) The term Chief means the Chief of the Forest Service, U.S. Department of Agriculture, or a person designated to act for the Chief.

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§264.2   Use of insignia.

The Forest Service insignia is reserved for the official use of the Forest Service. Such use will be primarily for identification purposes. The Chief may authorize other uses of the insignia as follows:

(a) Public service use. The Chief may authorize the use of the insignia for non-commercial educational purposes, without charge when such use is essentially a public service and will contribute to public knowledge and understanding of the Forest Service, its mission, and objectives. An example of this would be the use of the insignia on a printed program for a dedication ceremony where the Forest Service participates but is not the sponsor of the event.

(b) Commercial use. Through the issuance of licenses, the Chief may authorize commercial use of the insignia to (1) contribute to the public recognition of the Forest Service, such as a likeness of the insignia on a toy forest ranger's truck or (2) promote employee esprit de corps or pride in the organization, such as a likeness of the insignia on belt buckles. Such use must be consistent with the status of a national insignia. Business or calling cards commercially prepared for employees, at employee expense, may display the insignia without special license.

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§264.3   Licensing for commercial use.

(a) Each commercial license granted for the use of the insignia or likeness thereof shall contain the following terms and conditions:

(1) A use charge, royalty payment, or payment in kind which is reasonably related to the commercial value of the license must be established. This is to be paid by the licensee.

(2) A definite expiration date shall be specified.

(3) The license shall be nonexclusive.

(4) Licensees are not authorized to grant sublicenses, or transfer or reassign licenses to another person or company, in connection with the manufacture and/or sale of an item, unless and except as approved in writing by the Chief.

The Chief may incorporate additional terms and requirements into any commercial license issued under this subpart.

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§264.4   Unauthorized use.

Whoever manufactures, sells, or possesses the insignia, except as provided under §264.2, is subject to criminal penalty under 18 U.S.C. 701.

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§264.5   Power to revoke.

All authorities and licenses granted under this subpart shall be subject to cancellation by the Chief at any time the Chief finds that the use involved is offensive to decency and good taste or injurious to the image of the Forest Service. The Chief may also revoke any license or authorization when there is a failure to comply with the terms and conditions of the license or authorization.

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Subpart B—Mount St. Helens National Volcanic Monument Symbol

Source: 49 FR 31413, Aug. 7, 1984, unless otherwise noted.

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§264.10   Establishment.

There is hereby established an official symbol, as depicted herein, to designate and represent the Mount St. Helens National Volcanic Monument located in the Gifford Pinchot National Forest in the State of Washington.

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§264.11   Use of symbol.

Except as provided in §264.12, use of the Mount St. Helens National Volcanic Monument official symbol, including a facsimile thereof, in total or in part, is restricted to official signs, publications, and other materials of the Forest Service, U.S. Department of Agriculture.

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§264.12   Use without permission.

Business or calling cards commercially prepared at employee expense for employees assigned to the Volcanic Monument may depict the official Monument symbol without special permission from Forest Service officials.

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§264.13   Unauthorized use.

Except as provided in §§264.11 and 264.12, whoever manufactures, sells, or possesses the official symbol of the Mount St. Helens National Volcanic Monument may be subject to criminal penalty under 18 U.S.C. 701.

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