43 CFR Part 5000

43 CFR Part 5420 (up to date as of 10/04/2024)
Preparation for Sale

43 CFR Part 5420 (Oct. 4, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 43 —Public Lands: Interior
Subtitle B —Regulations Relating to Public Lands
Chapter II —Bureau of Land Management, Department of the Interior
Subchapter E —Forest Management (5000) Group 5000—Forest Management General
Part 5420 Preparation for Sale
Subpart 5420 Preparation for Sale; General
§ 5420.0-6 Policy.
Subpart 5422 Volume Measurements
§ 5422.1 Lump-sum sales.
§ 5422.2 Scale sales.
Subpart 5424 Preparation of Contract
§ 5424.0-6 Policy.
§ 5424.1
Reporting provisions for substitution determination.

PART 5420—PREPARATION FOR SALE
Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 2604.
Source: 35 FR 9785, June 13, 1970, unless otherwise noted.

Subpart 5420—Preparation for Sale; General
§ 5420.0-6 Policy.
All timber or other vegetative resources to be sold, except materials that qualify under § 5402.0-6(e) of this chapter,
will be appraised to estimate fair market value. Measurement shall be by tree cruise, log scale, weight, or such other
form of measurement as may be determined to be in the public interest.
[85 FR 82374, Dec. 18, 2020]

Subpart 5422—Volume Measurements
§ 5422.1 Lump-sum sales.
As the general practice, the Bureau of Land Management (BLM) will estimate volume for a lump-sum sale using a
tree cruise basis.
[85 FR 82374, Dec. 18, 2020]

43 CFR 5422.1 (enhanced display)

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43 CFR Part 5420 (up to date as of 10/04/2024)
Preparation for Sale

43 CFR 5422.2

§ 5422.2 Scale sales.
(a) Scaling will be performed by the BLM or third-party scaling organization approved by the BLM or any
operator of a State-certified weight scale.
(b) The BLM may also order third-party scaling for administrative reasons. Such reasons would include, but
are not limited to, the following: to improve cruising standards, to check accuracy of cruising practices,
and for volumetric analysis.
[85 FR 82374, Dec. 18, 2020]

Subpart 5424—Preparation of Contract
§ 5424.0-6 Policy.
(a) All timber sales shall be made on contract or permit forms approved by the Director, BLM.
(b) Other than for incidental use, the severance and/or removal of any vegetative resource for personal or
commercial use requires a written contract or permit issued by the authorized officer or other person
authorized by the United States. All contracts or permits shall contain the following:
(1) The name of the purchaser or his/her authorized representative with complete mailing address.
(2) The specific vegetative resources authorized for removal and their respective quantities and values.
(3) The specific location from which the vegetative resources are to be removed.
(4) The term for which the contract or permit is valid.
(5) Contract or permit conditions and stipulations.
(6) Signature of purchaser or authorized representative.
(c) The authorized officer may include additional provisions in the contract or permit to cover conditions
peculiar to the sale area, such as road construction, logging methods, silvicultural practices, reforestation,
snag felling, slash disposal, fire prevention, fire control, and the protection of improvements, watersheds,
recreational values, and the prevention of pollution or other environmental degradation.
(d) The contract or permit form and any additional provisions shall be made available for inspection by
prospective bidders during the advertising period. When sales are negotiated, all additional provisions
shall be made part of the contract or permit.
(e) Except for such specific quantities of grades and species of unprocessed timber determined to be surplus
to domestic lumber and plywood manufacturing needs, each timber sale contract shall include provisions
that prohibit:
(1) The export of any unprocessed timber harvested from the area under contract; and
(2) The use of any timber of sawing or peeler grades, sold pursuant to the contract, as a substitute for
timber from private lands which is exported or sold for export by the purchaser, an affiliate of the
purchaser, or any other parties.
[56 FR 10175, Mar. 11, 1991, as amended at 85 FR 82374, Dec. 18, 2020]

43 CFR 5424.0-6(e)(2) (enhanced display)

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43 CFR Part 5420 (up to date as of 10/04/2024)
Preparation for Sale

43 CFR 5424.1

§ 5424.1 Reporting provisions for substitution determination.
(a) To determine whether substitution has occurred, the authorized officer may require that information
identified in the contract be reported by:
(1) A purchaser who has exported private timber within two years preceding the purchase date of
Federal timber; and/or
(2) An affiliate of a timber purchaser who exported private timber within two years before the acquisition
of Federal timber from the purchaser.
(b) Purchasers or affiliates of purchasers shall retain a record of Federal timber acquisitions and private
timber exports for three years from the date the activity occurred.
(Information collection requirements contained in paragraph (a) were approved by the Office of Management and
Budget under control number 1004-0058)
[46 FR 29263, June 1, 1981, as amended at 85 FR 82374, Dec. 18, 2020]

43 CFR 5424.1(b) (enhanced display)

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