[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Pages 59577-59578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22338]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Integrated Resource Contracts FS-2400-13 and FS-2400-13T

AGENCY: Forest Service, USDA.

ACTION: Notice of interim contracts, request for comments.

-----------------------------------------------------------------------

SUMMARY: The Forest Service is implementing Integrated Resource 
Contracts, FS-2400-13, for use when timber products are measured after 
harvest, and FS-2400-13T, for use when timber products are measured 
before harvest. The contracts are for use in stewardship end result 
contracting pursuant to section 323 of Public Law 108-7, the 
Consolidated Appropriations Resolution (16 U.S.C. 2104 note), when the 
value of timber exceeds the cost of service work. Except for additions 
addressing new stewardship contracting authorities, both contracts 
parallel the recently revised Timber Sale Contracts FS-2400-6 and FS-
2400-6T which became effective upon notice in the Federal Register on 
May 6, 2004 (69 FR 25367). The Integrated Resource Contracts are 
available electronically and in paper copy, as provided in the 
ADDRESSES section of this notice. Comments received will be considered 
when the Forest Service prepares the final Integrated Resource 
Contracts.

DATES: Comments must be received in writing on or before November 4, 
2004.

ADDRESSES: Send written comments by mail to USDA Forest Service, 
Director Forest Management, 1400 Independence Avenue, SW., Mail Stop 
1103, Washington, DC 20250-0003; via e-mail to: 
[email protected]; or via facsimile to (202) 205-
1045. Comments may also be submitted via the World Wide Web Internet 
Web site at: http://www.regulations.gov. All comments including names 
and addresses when provided are placed in the record and are available 
for public inspection and copying. The Integrated Resource Contracts 
are available for public review on the Forest Service World Wide Web/
Internet site at: http://www.fs.fed.us/forestmanagement/projects/stewardship/contracts. Alternatively, these can be viewed in the office 
of the Director of Forest Management, Third Floor, Northwest Wing, 
Yates Building, 201 14th Street, SW., Washington, DC. Visitors are 
encouraged to call ahead to (202) 205-0893 to facilitate entry into the 
building.

FOR FURTHER INFORMATION CONTACT: Richard Fitzgerald, Forest Management 
Staff, (202) 205-1753, or Lathrop Smith, Forest Management Staff, (202) 
205-0858.

SUPPLEMENTARY INFORMATION:

Background

    Section 323 of Public Law 108-7, the Consolidated Appropriations 
Resolution (16 U.S.C. 2104 note), established new authorities for 
stewardship contracting not addressed in existing Forest Service timber 
sale contract forms. In general, the new authorities allow the Forest 
Service to enter into stewardship contracts with public or private 
entities or persons to perform services to achieve land management 
goals for National Forest System lands that meet local and rural 
community needs. By combining components of both service and timber 
sale contracts into a single integrated resource contract the value of 
timber or other forest products removed can be used as an offset 
against the cost of services received. Integrated Resource Contracts 
FS-2400-13 and FS-2400-13T are for use with stewardship end result 
contracting when the value of timber exceeds the cost of service work. 
Except where they deviate to address the new authorities and the 
limitation of compensation in the event of a sovereign act that would 
affect a stewardship contract, the FS-2400-13 and FS-2400-13T contracts 
parallel the recently revised Timber Sale Contracts FS-2400-6 and FS-
2400-6T which became effective upon notice in the Federal Register on 
May 6, 2004 (69 FR 25367). The revisions were the first substantive 
changes to the standard timber sale contract provisions in over 30 
years. A notice with request for comment on the proposed FS-2400-6 and 
FS-2400-6T contract revisions was published in the Federal Register on 
December 19, 2003 (68 FR 70758). The Forest Service made appropriate 
changes to the contracts in response to the public comments and those 
are incorporated in the FS-2400-13 and FS-2400-13T contracts as well. 
Timber Sale Contracts FS-2400-6 and FS-2400-6T are available on the 
World Wide Web/Internet site at: http://www.fs.fed.us/forestmanagement/infocenter/newcontracts/index.shtml.

Description of Interim Integrated Resource Contracts FS-2400-13 and FS-
2400-13T

    Integrated Resource Contracts FS-2400-13 and FS-2400-13T were 
patterned after the FS-2400-6 and FS-2400-6T contracts respectively. 
However, in order to address new authorities in section 323 of Public 
Law 108-7, the Consolidated Appropriations Resolution (16 U.S.C. 2104 
note), the following conditions and provisions were added to the 
Integrated Resource Contracts:
    1. E/ET2.2 Stewardship Credits. These are credits that the 
contractor will establish for performing stewardship work. These may be 
used to pay for included timber value subject to certain limits set in 
the contract.
    2. E/ET.2.2.1 Progress Estimate. This requires the Forest Service 
to make timely estimates of a contractor's progress on stewardship 
projects.
    3. E/ET.2.2.2 Excess Stewardship Credits. In the event that 
stewardship credits exceed the value of timber, the Forest Service may 
either add more timber, or make a cash payment to the contractor for 
unused stewardship credits.
    4. E/ET.2.2.3 Excess Timber Value. In the event that the value of 
included timber exceeds the value of mandatory stewardship projects, 
the Forest Service may authorize additional optional projects if any 
were identified and/or require a cash payment from the contractor for 
excess timber value.
    5. E/ET.2.2.4 Cash Payment for Stewardship Projects. In lieu of 
providing timber for established stewardship credits, Forest Service 
may elect to provide the contractor a cash payment.
    6. G/GT.3.1.1 Technical Proposal. This replaces B/BT6.311 Plan of 
Operations in the FS-2400-6 and FS-2400-6T timber sale contracts. 
Bidders will be required to submit a technical proposal detailing how 
they will perform the contract work. This provision makes the technical 
proposal from the accepted bidder a binding part of the contract.
    7. G/GT.9 Stewardship Projects. This provision requires the 
contractor to perform all mandatory stewardship projects listed in the 
specific conditions section of the contract and addresses procedures 
for identifying optional projects to include.
    8. G/GT.9.1 Refund of Unused Stewardship Credits. This provision 
provides for making a refund to the contractor for any unused 
stewardship credits in event that the Contracting Officer requests that 
the contractor

[[Page 59578]]

interrupt or delay operations for more than 60 days.
    In addition to the changes listed above, the Integrated Resources 
Contract provisions differ from the timber sale contracts in the 
following areas:
    1. Integrated resource contract provision I/IT2.3-Contract Term 
Extension, combines timber sale contract provisions B/BT8.23-Contract 
Term Extension, and B/BT8.231, Conditions for Contract Term Extension.
    2. Integrated resource contract provisions J/JT.4-Damages for 
Failure to Complete Contract or Termination for Breach, expands timber 
sale contract provision B/BT6.31 to address stewardship projects.
    3. The timber sale contracts under provision B/BT6.9 required the 
purchaser to provide access to records to enable the Forest Service to 
develop and evaluate appraisal data. The Integrated Resource Contracts 
do not contain a comparable requirement because the services components 
of these contracts would skew operating costs rendering the data 
unreliable for comparative purposes.

Conclusion

    Comments will be considered when the Forest Service prepares the 
final Integrated Resource Contracts, FS-2400-13 and FS-2400-13T. When 
the Integrated Resource Contracts are finalized, a subsequent notice 
will be published in the Federal Register.

    Dated: September 22, 2004.
Dale N. Bosworth,
Chief.
[FR Doc. 04-22338 Filed 10-4-04; 8:45 am]
BILLING CODE 3410-11-P