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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 16USC472a]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 472a. Timber sales on National Forest System lands
(a) Authorization; rules and regulations; appraised value as minimum
sale price
For the purpose of achieving the policies set forth in the Multiple-
Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531) and
the Forest and Rangeland Renewable Resources Planning Act of 1974 (88
Stat. 476) [16 U.S.C. 1600 et seq.], the Secretary of Agriculture, under
such rules and regulations as he may prescribe, may sell, at not less
than appraised value, trees, portions of trees, or forest products
located on National Forest System lands.
(b) Designation on map; prospectus
All advertised timber sales shall be designated on maps, and a
prospectus shall be available to the public and interested potential
bidders.
(c) Terms and conditions of contract
The length and other terms of the contract shall be designed to
promote orderly harvesting consistent with the principles set out in
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974, as amended [16 U.S.C. 1604]. Unless there is a finding by the
Secretary of Agriculture that better utilization of the various forest
resources (consistent with the provisions of the Multiple-Use Sustained-
Yield Act of 1960 [16 U.S.C. 528-531]) will result, sales contracts
shall be for a period not to exceed ten years: Provided, That such
period may be adjusted at the discretion of the Secretary to provide
additional time due to time delays caused by an act of an agent of the
United States or by other circumstances beyond the control of the
purchaser. The Secretary shall require the purchaser to file as soon as
practicable after execution of a contract for any advertised sale with a
term of two years or more, a plan of operation, which shall be subject
to concurrence by the Secretary. The Secretary shall not extend any
contract period with an original term of two years or more unless he
finds (A) that the purchaser has diligently performed in accordance with
an approved plan of operation or (B) that the substantial overriding
public interest justifies the extension.
(d) Advertisement of sales; exceptions
The Secretary of Agriculture shall advertise all sales unless he
determines that extraordinary conditions exist, as defined by
regulation, or that the appraised value of the sale is less than
$10,000. If, upon proper offering, no satisfactory bid is received for a
sale, or the bidder fails to complete the purchase, the sale may be
offered and sold without further advertisement.
(e) Bidding methods; purposes; oral auction procedures; monitoring and
enforcement for prevention of collusive practices
(1) In the sale of trees, portions of trees, or forest products from
National Forest System lands (hereinafter referred to in this subsection
as ``national forest materials''), the Secretary of Agriculture shall
select the bidding method or methods which--
(A) insure open and fair competition;
(B) insure that the Federal Government receive not less than the
appraised value as required by subsection (a) of this section;
(C) consider the economic stability of communities whose
economies are dependent on such national forest materials, or
achieve such other objectives as the Secretary deems necessary; and
(D) are consistent with the objectives of this Act and other
Federal statutes.
The Secretary shall select or alter the bidding method or methods as he
determines necessary to achieve the objectives stated in clauses (A),
(B), (C), and (D) of this paragraph.
(2) In those instances when the Secretary selects oral auction as
the bidding method for the sale of any national forest materials, he
shall require that all prospective purchasers submit written sealed
qualifying bids. Only prospective purchasers whose written sealed
qualifying bids are equal to or in excess of the appraised value of such
national forest materials may participate in the oral bidding process.
(3) The Secretary shall monitor bidding patterns involved in the
sale of national forest materials. If the Secretary has a reasonable
belief that collusive bidding practices may be occurring, then--
(A) he shall report any such instances of possible collusive
bidding or suspected collusive bidding practices to the Attorney
General of the United States with any and all supporting data;
(B) he may alter the bidding methods used within the affected
area; and
(C) he shall take such other action as he deems necessary to
eliminate such practices within the affected area.
(f) Research and demonstration projects
The Secretary of Agriculture, under such rules and regulations as he
may prescribe, is authorized to dispose of, by sale or otherwise, trees,
portions of trees, or other forest products related to research and
demonstration projects.
(g) Designation, marking, and supervision of harvesting; personnel
Designation, marking when necessary, and supervision of harvesting
of trees, portions of trees, or forest products shall be conducted by
persons employed by the Secretary of Agriculture. Such persons shall
have no personal interest in the purchase or harvest of such products
and shall not be directly or indirectly in the employment of the
purchaser thereof.
(h) Utilization standards, methods of measurement, and harvesting
practices; monetary deposits by purchasers of salvage harvests;
nature, purposes and availability of designated fund; return of
surplus to Treasury
The Secretary of Agriculture shall develop utilization standards,
methods of measurement, and harvesting practices for the removal of
trees, portions of trees, or forest products to provide for the optimum
practical use of the wood material. Such standards, methods, and
practices shall reflect consideration of opportunities to promote more
effective wood utilization, regional conditions, and species
characteristics and shall be compatible with multiple use resource
management objectives in the affected area. To accomplish the purpose of
this subsection in situations involving salvage of insect-infested,
dead, damaged, or down timber, and to remove associated trees for stand
improvement, the Secretary is authorized to require the purchasers of
such timber to make monetary deposits, as a part of the payment for the
timber, to be deposited in a designated fund from which sums are to be
used, to cover the cost to the United States for design, engineering,
and supervision of the construction of needed roads and the cost for
Forest Service sale preparation and supervision of the harvesting of
such timber. Deposits of money pursuant to this subsection are to be
available until expended to cover the cost to the United States of
accomplishing the purposes for which deposited: Provided, That such
deposits shall not be considered as moneys received from the national
forests within the meaning of sections 500 and 501 of this title: And
provided further, That sums found to be in excess of the cost of
accomplishing the purposes for which deposited on any national forest
shall be transferred to miscellaneous receipts in the Treasury of the
United States.
(i) Purchaser credit for permanent road construction; right of election
of small business concerns; estimated cost; date of completion;
use of funds for construction; effective date
(1) For sales of timber which include a provision for purchaser
credit for construction of permanent roads with an estimated cost in
excess of $20,000, the Secretary of Agriculture shall promulgate
regulations requiring that the notice of sale afford timber purchasers
qualifying as ``small business concerns'' under the Small Business Act,
as amended [15 U.S.C. 631 et seq.], and the regulations issued
thereunder, an estimate of the cost and the right, when submitting a
bid, to elect that the Secretary build the proposed road.
(2) If the purchaser makes such an election, the price subsequently
paid for the timber shall include all of the estimated cost of the road.
In the notice of sale, the Secretary of Agriculture shall set a date
when such road shall be completed which shall be applicable to either
construction by the purchaser or the Secretary, depending on the
election. To accomplish requested work, the Secretary is authorized to
use from any receipts from the sale of timber a sum equal to the
estimate for timber purchaser credits, and such additional sums as may
be appropriated for the construction of roads, such funds to be
available until expended, to construct a road that meets the standards
specified in the notice of sale.
(3) The provisions of this subsection shall become effective on
October 1, 1976.
(Pub. L. 94-588, Sec. 14, Oct. 22, 1976, 90 Stat. 2958; Pub. L. 95-233,
Feb. 20, 1978, 92 Stat. 32; Pub. L. 101-626, title I, Sec. 105(a), Nov.
28, 1990, 104 Stat. 4427.)
References in Text
The Multiple-Use Sustained-Yield Act of 1960, referred to in
subsecs. (a) and (c), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as
amended, which is classified generally to sections 528 to 531 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 528 of this title and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (a), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat.
476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
This Act, referred to in subsec. (e)(1)(D), is Pub. L. 94-588, Oct.
22, 1976, 90 Stat. 2949, as amended, known as the National Forest
Management Act of 1976. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of this title and Tables.
The Small Business Act, referred to in subsec. (i)(1), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 631 of Title 15 and Tables.
Amendments
1990--Subsec. (i)(1). Pub. L. 101-626 struck out proviso that this
subsec. not apply to sales of timber on National Forest System lands in
the State of Alaska.
1978--Subsec. (e). Pub. L. 95-233 substituted provisions authorizing
the Secretary of Agriculture to select bidding method or methods to
achieve the purposes of par. (1) of this subsec., procedures for use of
oral auction as the bidding method, and procedures for monitoring and
enforcement to prevent collusive practices, for provisions authorizing
the Secretary to take such action as deemed necessary to prevent
collusive practices, and setting forth requirements for enforcement.
Application of Amendments by Pub. L. 101-626 to Certain Long-Term Timber
Sale Contracts
Amendment by Pub. L. 101-626 not applicable to certain long-term
timber sale contracts, see section 105(c) of Pub. L. 101-626, set out as
a note under section 539d of this title.
Use of Receipts From Timber Sales for Road Construction
Pub. L. 99-500, Sec. 101(h) [title II], Oct. 18, 1986, 100 Stat.
1783-242, 1783-271, and Pub. L. 99-591, Sec. 101(h) [title II], Oct. 30,
1986, 100 Stat. 3341-242, 3341-271, provided that: ``Notwithstanding any
other provision of law, the Secretary of Agriculture is hereafter
authorized to use from any receipts from the sale of timber a sum equal
to the cost of construction of roads under the purchaser election
program as described and authorized in section 14(i) of the National
Forest Management Act of 1976 [16 U.S.C. 472a(i)].''