36 Cfr 223.47

Section

[Code of Federal Regulations]

[Title 36, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR223.47]

[Page 86]

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. 223.47 Date of completion of permanent road construction.

(a) The date of completion of permanent road construction

obligations as set forth in the Notice of Sale shall be incorporated

into the timber sale contract.

(b) This date is applicable to construction by both the Forest

Service and the timber purchaser.

(c) The date is not applicable to roads not needed by the purchaser

for timber removal.

(d) The date for completion may be revised, if additional time is

needed, under guidelines provided by the Chief, Forest Service,

including but not limited to (1) default of contractors or (2) design

changes, physical changes, or catastrophic damages which necessitate

modification of specified road construction work.

(e) If Forest Service failure to perform results in delay in road

completion, the termination date shall be adjusted in accordance with

the contract term adjustment provisions of the timber sale contract. If

there is substantial delay in performance by the Forest Service, the

contract shall provide that rates of payment may be redetermined, at the

request of the purchaser, in accordance with guidelines established by

the Chief, Forest Service.

(f) If the purchaser retains responsibility for road construction,

the date of completion for permanent roads may be modified to conform to

the approved plan of operation.