36 Cfr 223.60

§ 223.60

36 CFR Ch. II (7–1–06 Edition)

(1) That it is likely that the
undamaged (green) timber from National Forest System land would be delivered to the same manufacturing facilities as are needed to process the
damaged non-National Forest System
timber or the National Forest System
timber sale contract would require the
use of the same logging equipment as is
needed to remove the damaged non-National Forest System timber from the
area affected by the catastrophe;
(2) That extension of the National
Forest System contract will not be injurious to the United States and will
protect, to the extent possible, the
health of the National Forest System
lands, including:
(i) That urgent removal extension
does not adversely affect other resource management objectives to be
implemented by the National Forest
System timber sale being extended;
and
(ii) That the National Forest System
timber sale contract to be extended is
not a sale containing damaged, dead, or
dying timber subject to rapid deterioration.
(3) That the purchaser has not been
granted a previous urgent removal extension on the same National Forest
System timber sale contract based on
the current catastrophic event. Subsequent urgent removal extensions may
be granted if there are subsequent Regional Forester determinations on
other catastrophic events.
(4) That the revised National Forest
System timber sale contract term will
not exceed 10 years from the date the
National Forest System contract was
awarded; and
(5) That the purchaser is not in
breach of the National Forest System
contract, and all work items, payments, and deposits are current.
(e) Execution of contract extension. An
urgent removal extension of a National
Forest System timber sale contract is
executed through a mutual agreement
contract modification pursuant to
§ 223.112, which must include specific
contract provisions. An agreement to
modify a contract must identify the
specific provision(s) of the contract
being modified and must include the
requirement that purchasers make
cash payment to cover the costs of re-

marking timber on the sale area or reestablishing cutting unit boundaries if
the Contracting Officer determines
such work is necessary.
(f) Information collection. The information required of a purchaser to request an extension of an National Forest System timber sale contract, as
outlined in paragraph (c) of this section, to facilitate expeditious removal
of timber from non-National Forest
System lands constitutes an information collection requirement as defined
in 5 CFR Part 1320 and has been assigned Office of Management and Budget control number 0596–0167.
[67 FR 70169, Nov. 21, 2002, as amended at 69
FR 33, Jan. 2, 2004]

APPRAISAL AND PRICING
§ 223.60 Determining
fair
market
value.
The objective of Forest Service timber appraisals is to determine fair market value. Fair market value is estimated by such methods as are authorized by the Chief, Forest Service,
through issuance of agency directives
(36 CFR 200.4). Valid methods to determine fair market value include, but are
not limited to, transaction evidence
appraisals, analytical appraisals, comparison appraisals, and independent estimates based on average investments.
Pertinent factors affecting market
value also considered include, but are
not limited to, prices paid and valuations established for comparable timber, selling value of products produced,
estimated operating costs, operating
difficulties, and quality of timber. Considerations and valuations may recognize and adjust for factors which are
not normal market influences.
[61 FR 5685, Feb. 14, 1996]

§ 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

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