[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Rules and Regulations]
[Pages 64815-64816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31232]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 237 / Monday, December 9, 1996 / 
Rules and Regulations  

[[Page 64815]]



DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223


Sale and Disposal of National Forest System Timber; Modification 
of Contracts To Prevent Environmental Damage or To Conform to Forest 
Plans

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment combines two similar rules to 
establish one streamlined regulation for modifying timber sale 
contracts. The need for this technical amendment became apparent when 
the agency reviewed its regulations as part of the President's 
Regulatory Reinvention Initiative.

EFFECTIVE DATE: December 9, 1996.

FOR FURTHER INFORMATION CONTACT:
Jim Naylor, Timber Management Staff, Forest Service, USDA, P.O. Box 
96090, Washington, D.C. 20090-6090, (202) 205-0858.

SUPPLEMENTARY INFORMATION: Section 6 of the Forest and Rangeland 
Renewable Planning Act of 1974 (16 U.S.C. 1600 et seq.) directs that 
contracts, permits, and other instruments for use of National Forest 
System lands be consistent with land management plans. Part 223 of 
Title 36 of the Code of Federal Regulations implements this direction 
by providing for modification of timber sale contracts and permits in 
Sec. 223.39, Revision of contract conditions, and Sec. 223.113, 
Modification to prevent environmental damage or to conform to forest 
plans. However, these provisions are redundant; the content of 
Sec. 223.39 is largely repeated in Sec. 223.113. Therefore, in order to 
streamline the regulations and eliminate any confusion caused by 
redundancy, this technical amendment removes and reserves Sec. 223.39 
and makes minor revisions to Sec. 223.113 to clarify and simplify the 
rule.
    Section 223.39 states that timber sale contracts, permits, or other 
instruments longer than 2 years in duration shall provide for revision 
of contract terms to make them consistent with guidelines and standards 
developed to implement section 6 of the Forest Rangeland and Renewable 
Resources Planning Act of 1974, as amended, and with land management 
plans developed or revised thereunder. This regulation also provides 
for a rate redetermination to compensate for any differences in value 
after the contract changes are made. The revised Sec. 223.113, like the 
current Sec. 223.113, includes the substance of Sec. 223.39 but removes 
the qualification that the legal instruments must be longer than two 
years because the two year requirement is not in compliance with the 
National Forest Management Act of 1976 (NFMA), which amended the Forest 
and Rangeland Renewable Planning Act of 1974. NFMA states that 
contracts, permits, and other instruments must be consistent with land 
management plans, but the act does not exempt from compliance contracts 
and permits that are less than two years in duration.
    The revised Sec. 223.113 is substantively the same as the current 
Sec. 223.113. The revised Sec. 223.113 provides that contracts, 
permits, and other instruments may be modified to prevent environmental 
damage or to make them consistent with amendments or revisions of land 
management plans adopted subsequent to award or issuance of a timber 
sale contract, permit, or other such instrument. The reference to 
``permits and other instruments'' is added in the revised Sec. 223.113 
in order to mirror the language of NFMA and to incorporate the language 
of Sec. 223.39. Revised Sec. 223.113, like the current Sec. 223.113, 
also provides for compensation in the event of contract modification. 
The language relating to compensation, which can include a rate 
redetermination, is simplified in the amended rule by referring to 
timber sale contract provisions and Sec. 223.60 of this subpart, the 
regulations for determining fair market value.
    The revised regulation does not include the statement: 
``Modifications shall be subject to the purchaser's valid existing 
rights,'' which is in the current Sec. 223.113. This language is 
superfluous and confusing because the contract already sets forth the 
parties' rights and, therefore, this statement does not clarify nor add 
to the parties' rights under the contract.

Compliance With Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(3)(B) of the Administration Procedure 
Act, the Forest Service has determined that publication of this rule 
for notice and comment prior to adoption is unnecessary. The final rule 
makes minor technical changes to streamline and clarify rules at 36 CFR 
part 223 so that these regulations conform to the Forest and Rangeland 
Renewable Planning Act of 1974. This rulemaking does not make any 
significant substantive changes to the administration of timber sale 
contracts, permits, or other legal instruments when they need to be 
modified in order to prevent environmental damage or to comply with the 
Forest and Rangeland Renewable Planning Act of 1974.

Regulatory Impact

    This technical rule has no substantive revisions and is not subject 
to review under USDA procedures or Executive Order 12866 on Regulatory 
Planning and Review. As a technical amendment, this final rule is 
exempt from further analysis under Executive Order 12630, Takings 
Implications; the Unfunded Mandate Reform Act of 1995; the Paperwork 
Reduction Act of 1995; and Executive Order 12778, Civil Justice Reform.

List of Subjects in 36 CFR Part 223

    Exports, Government contracts, National forests, Reporting 
requirements, Timber sales.

    Therefore, for the reasons set forth in the preamble, Part 223 of 
Title 36 of the Code of Federal Regulations is hereby amended as 
follows:

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

    1. The authority citation continues to read as follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 
U.S.C. 618; 104 Stat. 714-726, 16 U.S.C. 620-620h, unless otherwise 
noted.


Sec. 223.39  [Removed and Reserved]

    2. Remove and reserve Sec. 223.39

[[Page 64816]]

Sec. 223.113  [Revised]

    3. Revise Sec. 223.113 to read as follows:


Sec. 223.113  Modification of contracts to prevent environmental damage 
or to conform to forest plans.

    Timber sale contract, permits, and other such instruments may be 
modified to prevent environmental damage or to make them consistent 
with amendments or revisions of land and resource management plans 
adopted subsequent to award or issuance of a timber sale contract, 
permit, or other such instrument. Compensation to the purchaser, if 
any, for modifications to a contract shall be made in accordance with 
provisions set forth in the timber sale contract. When determining 
compensation under a contract, timber payment rates shall be 
redetermined in accordance with appraisal methods in Sec. 223.60 of 
this subpart.

    Dated: November 13, 1996.
David G. Unger,
Associate Chief.
[FR Doc. 96-31232 Filed 12-6-96; 8:45 am]
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