Redesignated at 49 FR 2761, Jan. 23, 1984]. 101-382, August 20, 1990, 16 U.S.C. The amount of material granted to any one person in 1 year shall not exceed 10,000 board feet of saw timber and 25 cords of wood, or an equivalent volume in other forms. Procedures for reporting acquisition and disposition of unprocessed Federal timber. The prohibition in this paragraph does not apply to the following: (1) To the acquisition of western red cedar, which is domestically processed into finished products. (l) Timber sale set-aside policy changes.
(5) Chief Executive Officer Authorization. Any such hearing shall be conducted by the Chief or by any officer designated by him as his representative, except that if the amount of the proposed sale is not in excess of that which the Regional Forester has been authorized to sell without prior approval of the Chief the hearing may be held by the Regional Forester concerned or by his representative and decision may be by the Regional Forester.
Collection rights on contracts involved in transfer of purchase credit. 620b(b)(1) for purposes other than domestic processing into finished products will be a violation of this Act, its implementing regulations, and the False Statements Act (18 U.S.C. In the 6-month period immediately following the 9-month period, such person could purchase not more than 25 percent of such annual average, after which time the prohibitions against direct substitution, set forth in 223.189 of this subpart, shall apply; or.
Control means the power to exercise, directly or indirectly, a controlling influence over the management, policies, or activities of an individual or business concern, whether through ownership of voting securities, through one or more intermediary individuals or business concerns, or otherwise. (5) The name and telephone number of the point of contact in the Forest Service regarding the action. [42 FR 28252, June 2, 1977. If the Regional Forester determines that adequate cause for urgent removal extensions exists, Contracting Officers may extend National Forest System timber sale contracts, up to a maximum of 1 year, for the estimated amount of time required to harvest and process the damaged timber on non-National Forest System lands. (4) Does not export such private timber during any calendar year in the same geographic and economic area that unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States is under contract or in possession, if the sourcing area is no longer in effect, pursuant to the definition of substitution in 36 CFR 223.186.
(2) That the Forest Service expects to contract for road construction with a third party. 52 FR 43329, Nov. 12, 1987, unless otherwise noted. (4) Poles, posts, pilings cut or treated with preservatives for use as such and not intended to be further processed; and. In the case of a corporation, the certificate must be signed by a person authorized, in writing, by the Chief Executive Officer, pursuant to 36 CFR 223.187(d)(3), to sign the certificate in 36 CFR 223.187(d)(1) on behalf of the corporation. The authorization by the Chief Executive Officer shall be on company letterhead, shall be notarized, and shall read as follows: I authorize ____ to sign the certificate in 36 CFR 223.187(d)(1) on behalf of (name of corporation). (a) Direct substitution prohibition. Appraisal of timber for land exchange; right-of-way, or other authorized use. Free use to owners of certain mining claims. Person means any individual, partnership, corporation, association, or other legal entity, and includes any subsidiary, subcontractor, parent company, and business affiliates. (2) The amount of bid guarantee which must accompany each bid.
(v) The certifier acknowledges that failure to report completely and accurately the receipt and disposition of timber will subject the certifier to the penalties and remedies in the Act and the penalties in the False Statements Act (18 U.S.C. (e) Tributary area means the geographic area from which unprocessed timber is delivered to a specific processing facility or complex. A sourcing area is not valid until final approval of the sourcing area.
[52 FR 43329, Nov. 12, 1987, as amended at 72 FR 31438, June 7, 2007].
(d) Sealed bids shall be used for sales within Federal Sustained Yield Units, except where the policy statement for the Unit restricts purchasers of timber within the Unit from buying National Forest timber outside the Unit and the Chief determines that oral bidding will protect individual communities within the Unit.
As such, these rules contain information requirements as defined in 5 CFR Part 1320. (c) Purchaser request. 223.45 Definitions applicable to transfer of purchaser credit. (d) As used in this section, person includes any individual, corporation, company, association, firm, partnership, society, joint stock company, or other business entity or the successor in interest of any of the foregoing business entities. Suspension means action taken by a suspending official under 223.141 through 223.145 to immediately exclude a purchaser from bidding on or purchasing National Forest System timber for a temporary period of time pending completion of an investigation and such legal or debarment proceedings as may ensue; a purchaser so excluded is suspended. (2) Time periods applicable to this section are computed using calendar days. Use of such a catch brand on a log or log segment will signify Federal origin. (2) A statement extending to small business concerns qualified for preferential bidding on timber sales, under the Small Business Act, as amended, and the regulations issued thereunder, the option to elect, when submitting a bid, to have all permanent roads constructed by the Forest Service.
Private lands means lands, located west of the 100th meridian in the contiguous 48 States held or owned by a person. 714-726, 16 U.S.C. I make this certification with full knowledge and understanding of the export and substitution restrictions of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. (Act). (b) Extraordinary conditions, as provided for in 16 U.S.C. I make this authorization with full knowledge and understanding of the export and substitution restrictions of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. (2) Pursuant to Section 490(a) of the Act (16 U.S.C. Prior review by the Chief of the Forest Service will be given if the amount involved exceeds $10,000 in value. Stewardship End Result Contracting Projects. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. To determine whether such lumber meets these established standards, grades and size restrictions, the shipper of record must have in its possession for each shipment, and available for inspection upon the request of the Forest Service, a legible copy of a lumber inspection certificate certified by a lumber inspection/grading organization generally recognized by the industry as setting a selling standard. (e) Indirect substitution prohibition.
Each violation refers to any violation under the Act or its implementing regulations with regard to a single act, which includes but is not limited to a single marking (or lack thereof) on a single log, the export of a single log, or a single entry on a document. Subpart D - Timber Export and Substitution Restrictions. (c) Private lands mean lands held or owned by a private person.
The term of any contract or permit shall not be extended unless the approving officer finds: (a) That the purchaser has diligently performed in accordance with contract provisions and an approved plan of operation; or. The Responsible Official is normally the Forest Supervisor; thus, the Appeal Deciding Officer is normally the Regional Forester. (Sec. 55.1); Sec. 223.38 Standards for road design and construction. Contracting Officers may grant urgent removal extensions only when the Regional Forester verifies in writing that: (1) A specific catastrophe occurred for which urgent removal extensions should be granted; (2) The manufacturing facilities or logging equipment capacity available to purchasers are insufficient to provide for both the rapid harvest of damaged non-National Forest System timber in need of expeditious removal and the continued harvest of undamaged (green) timber under contract with the Forest Service; and. 516). (c) Shall keep available for public inspection, (1) During the life of any sustained yield unit, the minutes or other record of the hearing held on the establishment thereof, and the determination of action taken following the hearing including any modification of the proposals as submitted at the hearing; and, (2) During the life of any cooperative agreement for coordinated management the similar record of the hearings and actions determined upon; and. No person who acquires unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States may export such timber from the United States, or sell, trade, exchange, or otherwise convey such timber to any other person for the purpose of exporting such timber from the United States. (viii) A statement of the relief the appellant seeks. (c) For the purposes of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. When the value of timber or other forest products removed through the contract is equal to or exceeds the total value of the service work items received by the Forest Service, the activity shall be considered a sale of property and a contract, for a period not to exceed 10 years, will be utilized as provided in 223.304. The permittee may be required to dispose of the slash as cutting proceeds, or to employee people to work under the direction of a forest officer in disposing of the slash, or, if authorized, to provide funds for the employment of people for slash disposal under the direction of a forest officer. Further redesignated and amended at 50 FR 32696, Aug. 14, 1985]. 620, et seq.). Redesignated at 49 FR 2760, Jan. 23, 1984. (1) The amount of such unprocessed timber was limited to whichever is less: (i) The higher of the applicant's actual purchase receipts for unprocessed timber originating from National Forest System lands within Washington State or the Department's records, during fiscal years 1988, 1989, and 1990, divided by 3; or. and its implementing regulations at 36 CFR part 223. The Appeal Deciding Officer may request the Responsible Official to prepare a responsive statement.
contact the publishing agency. This contact form is only for website help or website suggestions. (13) Section 223.83 Contents of prospectus. When determining compensation under a contract, timber payment rates shall be redetermined in accordance with appraisal methods in 223.60 of this subpart. (m) Information collection requirements. In the event of questions, legible postmarks on a mailed appeal or the time and date imprint on a facsimile appeal will be considered evidence of timely filing.