[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: 36CFR223.61]

[Page 92-93]
 
              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 B_Timber Sale Contracts
 
Sec.  223.61  Establishing minimum stumpage rates.

    The Chief, Forest Service, shall establish minimum stumpage rates, 
i.e., ``base rates,'' for species and products on individual National 
Forests, or groups of National Forests. Timber shall be sold for 
appraised value or minimum stumpage rates, whichever is higher. No 
timber may be sold or cut under timber sale contracts for less than 
minimum stumpage rates except

[[Page 93]]

to provide for the removal of insect-infested, diseased, dead or 
distressed timber or in accordance with contract provisions specifically 
providing for catastrophically-affected timber and incidental amounts of 
material not meeting utilization standards of the timber sale contract. 
For any timber sale offering where deposits are to be required for 
reforestation under the Act of June 9, 1930, as amended (46 Stat. 527; 
16 U.S.C. 576-576b) which exceed the value of the established minimum 
stumpage rates, the minimum rates may be increased by the approving 
officer as necessary to the amount of such required reforestation 
deposits and a minimum deposit to the Treasury. Minimum rates in timber 
sale contracts will not be set higher than established minimum rates for 
purposes other than assuring adequate funds for reforestation.