36 Cfr 223.1. 223.2

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36 CFR Ch. II (7–1–07 Edition)

for the grazing fee, and a bid deposit of
10 percent of the total amount of the
bid.
(e) Qualifications and Deposit Refunds.
Upon opening applicants bids, the authorized officer shall determine whether each bidder meets the qualifications
to hold a permit as set forth in Subpart
A of this part; and shall refund the deposit to any applicant who is not qualified or who does not offer the high bid.
(f) Permit Issuance. The authorized officer shall issue the grazing permit to
the qualified high bidder, except as
provided in paragraphs (f)(1) and (2) of
this section. The successful bidder receives the privilege of obtaining or renewing a grazing permit and is billed
for the occupancy offered and forage
sold.
(1) Priority for Reissuance. On allotments where a current permit is expiring and competition has been held on a
new grazing permit, the current grazing permittee shall have priority for
retaining the permit. Accordingly, an
applicant who holds the permit on the
allotment under bid, who has a satisfactory record of performance under
that permit, and who is not the higher
bidder for the future grazing privileges
in the specified allotment shall be offered the opportunity to match the
high bid and thereby retain the permit.
Should there be more than one existing
permittee in the allotment under bid,
each shall be offered the option of
meeting the high bid; if only one current permittee opts to meet the high
bid, the remaining allowable grazing
use, if any, shall be awarded to the initial high bidder.
(2) Identical Bids. In cases of identical
bids, the selection of the successful applicant shall be made through a drawing.
(g) Computation of Successful Bidder’s
Annual Fee—(1) Annual Fee Basis. The
highest bid received shall establish the
base grazing value in the initial year of
the grazing permit for each allotment
offered. The annual grazing fee shall
equal the base grazing value, adjusted
by the current period’s hay price index
for the relevant subregion as described
in § 222.53(c)(1), and (c)(3), less the value
of any agency required range improvements. This hay price index shall be
based on 3-year average hay prices and

annually reflect the percent change in
the cost of alternative livestock feed.
(2) Grazing Fee Credits for Range Improvements. Any requirements for permittee construction or development of
range improvements shall be identified
through an agreement and incorporated into the grazing permit, with
credits for such improvements to be allowed toward the annual grazing fee.
Fee credits shall be allowed only for
range improvements which the Forest
Service requires an individual permittee to construct or develop on a
specific allotment to meet the management direction and prescriptions in the
relevant forest land and resource management plan and allotment management plan. These improvements must
involve costs which the permittee
would not ordinarily incur under the
grazing permit, must be of tangible
public benefit, and must enhance management of vegetation for resource protection, soil productivity, riparian, watershed, and wetland values, wildlife
and fishery habitat, or outdoor recreation values. Maintenance of range improvements specified in allotment
management planning documents or
the grazing permit, and other costs incurred by the permittee in the ordinary
course of permitted livestock grazing,
do not qualify for grazing fee credits.
(h) No Bids Received. If qualified
sealed bids are not received, the authorized officer reserves the right to
conduct an oral auction using the minimum bid price established under paragraph (b) of this section or to establish
grazing fees through noncompetitive
grazing fee procedures specified in
§ 222.53 of this subpart.
[55 FR 2651, Jan. 26, 1990]

PART 223—SALE AND DISPOSAL OF
NATIONAL FOREST SYSTEM TIMBER
Subpart A—General Provisions
Sec.
223.1 Authority to sell timber.
223.2 Disposal of timber for administrative
use.
223.3 Sale of seized material.
223.4 Exchange of trees or portions of trees.
223.5 Scope of free use granted to individuals.
223.6 Cutting and removal of timber in freeuse areas.

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Forest Service, USDA

Pt. 223
223.65 Appraisal of timber for land exchange; right-of-way, or other authorized
use.
223.66 [Reserved]

223.7 Permission for free use of timber outside free-use areas.
223.8 Delegations of authority to approve
free use by individuals.
223.9 Free use to owners of certain mining
claims.
223.10 Free use to Alaskan settlers, miners,
residents, and prospectors.
223.11 Free use to other Federal agencies.
223.12 Permission to cut, damage, or destroy trees without advertisement.
223.13 Compliance.
223.14 Where timber may be cut.

ADVERTISEMENT AND BIDS
223.80 When advertisement is required.
223.81 Shorter advertising periods in emergencies.
223.82 Contents of advertisement.
223.83 Contents of prospectus.
223.84 Small business bid form provisions on
sales with specified road construction.
223.85 Noncompetitive sale of timber.
223.86 Bid restriction on resale of noncompleted contract.
223.87 Requirements of bidders concerning
exports.
223.88 Bidding methods.
223.89 Relation to other bidders.

Subpart B—Timber Sale Contracts
CONTRACT CONDITIONS AND PROVISIONS
223.30 Consistency with plans, environmental standards, and other management requirements.
223.31 Duration of contracts.
223.32 Timber sale operating plan.
223.33 Redetermination of stumpage rates
and deposits.
223.34 Advance payment.
223.35 Performance bond.
223.36 Volume determination.
223.37 Revegetation of temporary roads.
223.38 Standards for road design and construction.
223.39 [Reserved]
223.40 Cancellation for environmental protection or inconsistency with plans.
223.41 Payment when purchaser elects government road construction.
223.42 Transfer of effective purchaser credits.
223.43 Limitation on amounts of transferred
purchaser credit.
223.44 Collection rights on contracts involved in transfer of purchaser credit.
223.45 Definitions applicable to transfer of
purchaser credit.
223.46 Adjustment of contract termination
date.
223.47 Date of completion of permanent road
construction.
223.48 Restrictions on export and substitution of unprocessed timber.
223.49 Downpayment.
223.50 Periodic payments.
223.51 Bid monitoring.
223.52 Market-related contract term additions.
223.53 Urgent removal contract extensions.

AWARD OF CONTRACTS
223.100 Award to highest bidder.
223.101 Determination of purchaser responsibility.
223.102 Procedures when sale is not awarded
to highest bidder.
223.103 Award of small business set-aside
sales.
CONTRACT ADMINISTRATION
223.110 Delegation to regional forester.
223.111 Administration of contracts in designated disaster areas.
223.112 Modification of contracts.
223.113 Modification of contracts to prevent
environmental damage or to conform to
forest plans.
223.114 Acquisition by third party.
223.115 Contract extensions.
223.116 Cancellation.
223.117 Administration of cooperative or
Federal sustained yield units.
223.118 Appeal process for small business
timber sale set-aside program share recomputation decisions.

Subpart C—Suspension and Debarment of
Timber Purchasers
223.130 Scope.
223.131 Applicability.
223.132 Policy.
223.133 Definitions.
223.134 List of debarred and suspended purchasers.
223.135 Effect of listing.
223.136 Debarment.
223.137 Causes for debarment.
223.138 Procedures for debarment.
223.139 Period of debarment.
223.140 Scope of debarment.
223.141 Suspension.
223.142 Causes for suspension.
223.143 Procedures for suspension.
223.144 Period of suspension.

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APPRAISAL AND PRICING
223.60 Determining fair market value.
223.61 Establishing
minimum
stumpage
rates.
223.62 Timber purchaser road construction
credit.
223.63 Advertised rates.
223.64 Appraisal on a lump-sum value or
rate per unit of measure basis.

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§ 223.1
223.145

36 CFR Ch. II (7–1–07 Edition)
Scope of suspension.

the Multiple-Use Sustained-Yield Act
of 1960, as amended (74 Stat. 215; 16
U.S.C. 528–531), and the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended (88 Stat.
476; as amended, 16 U.S.C. 1600–1614),
and the Program thereunder.

Subpart D—Timber Export and Substitution
Restrictions
223.159 Scope and applicability.
223.160 Definitions.
223.161 [Reserved]
223.162 Limitations on timber
from all other states.
223.163 [Reserved]
223.164 Penalty for falsification.

harvested

§ 223.2 Disposal of timber for administrative use.
Trees, portions of trees, or other forest products in any amount on National Forest System lands may be disposed of for administrative use, by sale
or without charge, as may be most advantageous to the United States, subject to the maximum cut fixed in accordance with established policies for
management of the National Forests.
Such administrative use shall be limited to the following conditions and
purposes:
(a) For construction, maintenance or
repair of roads, bridges, trails, telephone lines, fences, recreation areas or
other improvements of value for the
protection or the administration of
Federal lands.
(b) For fuel in Federal camps, buildings and recreation areas.
(c) For research and demonstration
projects.
(d) For use in disaster relief work
conducted by public agencies.
(e) For disposal when removal is desirable to protect or enhance multipleuse values in a particular area.

Subpart E [Reserved]
Subpart F—The Forest Resources Conservation and Shortage Relief Act of 1990
Program
223.185 Scope and applicability.
223.186 Definitions.
223.187 Determination of unprocessed timber.
223.188 Prohibitions against exporting unprocessed Federal timber.
223.189 Prohibitions against substitution.
223.190 Sourcing area application procedures.
223.191 Sourcing area disapproval and review procedures.
223.192 Procedures for a non-manufacturer.
223.193 Procedures for reporting acquisition
and disposition of unprocessed Federal
timber.
223.194 Procedures for reporting the acquisition and disposition of unprocessed private timber.
223.195 Procedures
for
identifying
and
marking unprocessed timber.
223.196 Civil penalties for violation.
223.197 Civil penalty assessment procedures.
223.198 Administrative remedies.
223.199 Procedures for cooperating with
other agencies.
223.200 Determinations of surplus species.
223.201 Limitations on unprocessed timber
harvested in Alaska.
223.202 Information requirements.
223.203 Indirect substitution exception for
National Forest System timber from
within Washington State.

§ 223.3 Sale of seized material.
Seized material (trees, portions of
trees or other forest products cut in
trespass from National Forest System
lands) may be sold to the highest bidder under specific authorization from
the Regional Forester. If advertisement is impractical, sales of material
with an appraised value of less than
$10,000 will be made on informal bids.

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, unless otherwise noted.
SOURCE: 42 FR 28252, June 2, 1977, unless
otherwise noted. Redesignated at 49 FR 2760–
2761, Jan. 23, 1984.

§ 223.4 Exchange of trees or portions
of trees.
Trees or portions of trees may be exchanged for land under laws authorizing the exchange of National Forest
timber. Cutting of exchange timber
must comply with the purposes cited in
§ 223.1.

cprice-sewell on PROD1PC62 with CFR

Subpart A—General Provisions
§ 223.1 Authority to sell timber.
Trees, portions of trees, and other
forest products on National Forest System lands may be sold for the purpose
of achieving the policies set forth in

(42 Stat. 465, 16 U.S.C 485; 43 Stat. 1215, 16
U.S.C. 516)

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