[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR223.1] [Page 78-80] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 223_SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER-- Table of Contents Subpart A_General Provisions Sec. 223.1 Authority to sell 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 free-use areas. [[Page 79]] 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. 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. 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. 223.65 Appraisal of timber for land exchange; right-of-way, or other authorized use. 223.66 [Reserved] 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. 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. [[Page 80]] 223.145 Scope of suspension. Subpart D_Timber Export and Substitution Restrictions 223.159 Scope and applicability. 223.160 Definitions. 223.161 [Reserved] 223.162 Limitations on timber harvested from all other states. 223.163 [Reserved] 223.164 Penalty for falsification. 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. 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. 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 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.