[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35049-35059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12123]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 5000, 5400, 5410, 5420, 5430, 5440, 5450, 5460, 5470, 
and 5500

[LLWO200000 L63100000 PH0000 19X]
RIN 1004-AE61


Forest Management Decision Protest Process and Timber Sale 
Administration

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to revise its 
regulations for protests of forest management decisions and 
administration of the timber sale process. This proposed rule would 
streamline the process for sale of forest products by the BLM. Existing 
regulatory requirements are poorly defined, repetitive, and burdensome. 
The proposed rule would improve the BLM's ability to conduct active 
forest management, while reducing burdens to the public and the 
administration of BLM lands.

DATES: Please submit comments on this proposed rule to the BLM on or 
before August 7, 2020. The BLM is not obligated to consider any 
comments received after this date in making its decision on the final 
rule.
    Information Collection Requirements: If you wish to comment on the 
information-collection requirements in this proposed rule, please note 
that the Office of Management and Budget (OMB) is required to make a 
decision concerning the collection of information contained in this 
proposed rule between 30 and 60 days after publication of this proposed 
rule in the Federal Register. Therefore, comments should be submitted 
to OMB by July 8, 2020.

ADDRESSES: You may submit comments on the proposed rule, identified by 
the number RIN 1004-AE61, by any of the following methods:

--Mail, personal, or messenger delivery: U.S. Department of the 
Interior, Director (630), Bureau of Land Management, Mail Stop 2134 LM, 
1849 C St. NW, Washington, DC 20240, Attention: RIN 1004-AE61.
--Federal eRulemaking portal: http://www.regulations.gov. In the 
Searchbox, enter ``RIN 1004-AE61'' and click the ``Search'' button. 
Follow the instructions at this website.

    Information Collection Requirements: Written comments and 
suggestions on the information-collection requirements should be 
submitted within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to Faith Bremner, Senior Regulatory Analyst, 
Bureau of Land Management, Mail Stop 2134 LM, 1849 C Street NW, 
Washington, DC 20240; or by email to [email protected]. Please reference 
OMB Control Number 1004-AE61 in the subject line of your comments.
    Comments not pertaining to the proposed rule's information-
collection burdens should not be submitted to OMB. The BLM is not 
obligated to consider or include in the Administrative Record for the 
final rule any comments that are directed improperly to OMB.

FOR FURTHER INFORMATION CONTACT: Marlo Draper, Division Chief of 
Forest, Range, Riparian, and Plant Conservation, WO-220, 202-912-7222. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a day,7 
days a week, to leave a message or question with the above individuals. 
You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

    You may submit comments on the proposed rule, marked with the 
number RIN 1004-AE61, by any of the methods described in the ADDRESSES 
section. If you wish to comment on the information-collection 
requirements, you should send those comments as outlined under the 
DATES and ADDRESSES headings. Please make your comments on the proposed 
rule as specific as possible, confine them to issues pertinent to the 
proposed rule, and explain the reason for any changes you recommend. 
Where possible, your comments should reference the specific section or 
paragraph of the proposal that

[[Page 35050]]

you are addressing. The comments and recommendations that will be most 
useful and likely to influence agency decisions are:

    1. Those supported by quantitative information or studies; and
    2. Those that include citations to, and analyses of, the 
applicable laws and regulations.
    The BLM is not obligated to consider or include in the 
Administrative Record for the final rule comments that we receive 
after the close of the comment period (see DATES) or comments 
delivered to an address other than those listed above (see 
ADDRESSES).

    Comments on the proposed rule, including names and street addresses 
of respondents, will be available for public review at the address 
listed under ``ADDRESSES: Personal or messenger delivery'' during 
regular business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, 
except holidays.
    Before including your address, telephone number, email address, or 
other personal identifying information in your comment, be advised that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in 
your comment to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

II. Background

    Pursuant to the Oregon and California Grant Lands Act (O&C Act) and 
the Coos Bay Wagon Road Grant Lands Act (CBWR Act) (43 U.S.C. 2601 et 
seq.), jointly referred to as the O&C Act, the BLM is required to 
manage approximately 2.4 million acres for forest production in 
conformity with the principle of sustained yield. In accordance with 
the O&C Act, the BLM declares the allowable sale quantity (ASQ) of 
timber for each sustained yield unit in its Resource Management Plans 
(RMPs) for western Oregon and then offers for sale a volume of timber 
equal to the declared ASQ on an annual basis. See Swanson v. Bernhardt, 
No. 1:15-cv-01419 (D.D.C) (September 30, 2019 Order). The O&C Act is a 
dominant use statute for sustained yield timber production. Under the 
Materials Act of 1947 (30 U.S.C. 601 et seq.); and other legal 
authorities, the BLM is authorized to convey timber and other 
vegetative materials on other lands owned by the United States. The 
Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1701 et seq.) 
charges the BLM with managing public lands on the basis of multiple use 
and sustained yield, unless otherwise specified by law.
    The regulations pertaining to the Administration of Forest 
Management Decisions (43 CFR part 5000) were promulgated in 1984 (49 FR 
28561 (July 13, 1984)), and 43 CFR part 5400 pertaining to the Sale of 
Forest Products were promulgated beginning in 1970 (35 FR 9785, June 
13, 1970). These regulations were adopted to implement the Materials 
Act and the O&C Act. The BLM has amended these regulations since their 
original promulgation to expedite implementation of decisions relating 
to forest management, to improve agency procedures, and to update the 
regulations for consistency with statutory changes.
    In 1984, the BLM proposed to add a 15-day public-protest process to 
certain forest management decisions, including advertised timber sales. 
This measure was expected to ``expedite implementation of decisions 
relating to timber management'' and ``increase the probability that 
private businesses dependent upon the Bureau of Land Management's 
timber management contracts would be able to accomplish their regularly 
scheduled activities'' (49 FR 3884, Jan. 31, 1984). The BLM issued a 
final rule adopting a 15-day protest period and establishing that 
filing a notice of appeal with the Interior Board of Land Appeals under 
43 CFR part 4 does not automatically suspend the effect of forest 
management decisions that are posted and protested as described under 
43 CFR 5003.2 and 5003.3 later that year. The BLM has not revised the 
protest process since the final rule was issued in 1984, although the 
way that the BLM plans forest management projects and completes the 
environmental review of these projects has changed significantly since 
that time.
    When the forest management rules were promulgated in 1984, the BLM 
designed individual timber sales that were based on the location and 
extent of the forest management activity. Over time, the BLM has 
changed the way it designs its timber sales and other forest management 
projects and often conducts its environmental review on multiple 
projects in a single watershed or on a biologically relevant scale, 
such as wildlife habitat for a particular species. Moreover, the BLM 
promotes collaboration and information-sharing during the National 
Environmental Policy Act (NEPA) process, and today more interested 
individuals and parties participate in the public involvement 
opportunities during the decision-making process when their input is 
most helpful. While the protest process was originally proposed to 
``expedite implementation of decisions relating to timber management,'' 
in some cases today individuals and organizations that are not 
satisfied with the final forest management decision are using the 
protest process to delay implementation by filing lengthy protests with 
the same comments that were previously raised during the NEPA process 
and with no explanation of how the BLM failed to address these 
previously submitted comments. Responding to these protests can be 
costly to the BLM in terms of time and other resources, and in many 
cases may not improve the agency decision or reduce appeals and 
litigation.
    The proposed amendments eliminate the protest process after a 
forest management decision is issued. This change would help the BLM 
achieve the original purpose of the process, expediting the 
implementation of timber management decisions, while still providing 
ample opportunity for public comment and input, including, but not 
limited to, comment during the NEPA review process.
    Under the current regulations, the BLM regularly issues forest 
management decisions that cannot be protested until the BLM issues a 
notice of an advertised timber sale, which, in many cases, occurs long 
after the environmental review has taken place. The proposed amendments 
streamline the procedures governing forest management decisions by 
allowing a single forest management decision to cover all forest 
management activities covered in an environmental review document. This 
change would allow the public to identify any resource conflicts or 
other issues of concern earlier in the BLM's forest management process, 
and enhance the BLM's ability to resolve those issues before it 
advertises a timber sale or implements other forest management 
activities. It would also enhance administrative efficiencies by 
allowing the BLM to simultaneously address issues associated with 
multiple individual sales and other forest management activities in a 
single decision. In addition, many of the BLM's decisions are time 
sensitive in nature, such as fire resilience thinning, thinning for 
insect and disease resilience, or post-fire salvage sales. The BLM 
desires to be more responsive to developing forest health issues and 
identified wildfire risks. Moreover, in western Oregon, streamlining 
the forest management decision-making process would help the BLM to 
more expeditiously offer timber sales on O&C lands in order to achieve 
the declared ASQ in accordance with the O&C Act.
    The proposal also seeks to better utilize communications technology 
by

[[Page 35051]]

making decisions available online and allowing electronic submission of 
public comments. These changes would increase efficiency for both the 
public and the BLM.
    Additionally, this proposed rule contains a number of updates and 
revisions to part 5400 Sale of Forest Products. This rule would update 
the regulations to conform to statutes prohibiting the export of 
unprocessed Federal timber, and proposes changes in scale sale 
procedures that respond to the increased interest in developing 
innovative methods to administer scale sales. In general, the proposed 
revisions seek to provide better clarity of sale contract terms and 
conditions, and to give the BLM greater flexibility to conduct sales 
efficiently.

III. Discussion of the Proposed Rule

Part 5000 Administration of Forest Management Decisions

    While a protest process for forest management decisions is not 
required by statute, the BLM's current regulations include a 
discretionary protest process that may be available for certain 
authorizations relating to forest management. This discretionary 
protest process is largely duplicative of other opportunities for 
public involvement, including through the NEPA process. In general, the 
best opportunity to influence management of resources is during the 
early stages of public comment periods provided during the NEPA process 
and prior to the formulation of a decision. At least in some instances, 
the protest process adds time and expense to the decision-making 
process, contrary to the express purpose of the 1984 rulemaking; may 
not avert administrative appeals and judicial litigation; and, most 
importantly, may not produce better BLM decisions and resource 
management outcomes. In addition, a significant number of timber sales 
are developed to reduce the potential for high-severity wildfire. 
Prolonged decision-making processes delay implementation of critical 
wildfire mitigation treatments that often have the objective of 
protecting human health and safety. Consequently, the BLM is proposing 
to eliminate the protest process. Forest management decisions would 
still generally be subject to appeal to the Interior Board of Land 
Appeals (IBLA) or challengeable in Federal court.
    In the alternative, through this rulemaking, the BLM is also 
considering and seeks comments from the public about replacing the 
current public protest process with a 10-day public comment period for 
proposed decisions, or maintaining a protest process, including by 
modifying the procedures governing that process.
    The BLM proposes modifications to improve and streamline the forest 
management decision-making process. Specifically, the BLM proposes to 
add a definition of ``forest management activity,'' and describe how 
the BLM would provide notice of forest management decisions.
    The proposed revision to 43 CFR 5003.1(a) would clarify that forest 
management decisions issued under Sec.  5003.2 could, at the discretion 
of the authorized officer, be implemented immediately or at a different 
date specified in the decision. The proposed revision would also 
clarify that forest management decisions would not automatically be 
stayed under 43 CFR 4.21(a) if notice of appeal or a petition for a 
stay pending appeal were lodged with the IBLA. The BLM specifically 
seeks public comment on whether the BLM should have discretion to issue 
all or some forest management decisions in full force and effect, 
including whether there should be specific criteria that the BLM should 
consider.
    The proposed revision to Sec.  5003.2(a) now includes a reference 
to a new definition for a forest management activity in Sec.  5003.4 
and clarifies that the BLM authorizes forest management activities by 
issuing forest management decisions.
    Revisions to Sec.  5003.2(a) would change the primary medium of 
public notice from publication in a newspaper of general circulation in 
the area where the lands affected by the decision are located to 
posting it on a designated agency website. In general, web-based 
communication is more convenient and accessible than print newspapers. 
In many areas, print newspapers have transitioned to news websites, 
which makes the notice requirements in the current regulations 
impractical in areas that lack print newspapers.
    Proposed changes to Sec.  5003.2(b) also would require the 
authorized officer to provide notice of a forest management decision by 
publishing notice in a newspaper of general circulation in the area, 
sending notice to interested parties directly, or notifying the general 
public through various means, such as social media, email, or other 
mass-media platforms in addition to posting the decision on the agency 
website. This proposed change is intended to further facilitate notice 
reaching interested parties, including those who may not have web 
access.
    This proposed rulemaking would eliminate Sec.  5003.3, which 
governs the protest process. The BLM specifically requests comments 
about this proposed change, including about other opportunities to 
foster public involvement in forest management decisions, such as 
through the NEPA process, or whether, for some or all proposed forest 
management decisions, the BLM should allow for a protest process or a 
public comment period.
    The current regulations address forest management decisions for 
forest management activities, but they do not define a forest 
management activity. Section 5003.4 of the proposed rules includes a 
definition of forest management activity that would clarify the type of 
activities that would fall under the scope of this section of the 
regulations. The proposed definition emphasizes that a forest 
management activity has a silvicultural or forest-protection objective. 
These activities result in changes to forest or forest adjacent 
vegetation that have an explicit forest output or ecological condition 
as the outcome of the activity, and may include other activities that 
facilitate or complement the forest management activity. Examples of 
forest management activities may include: Cutting of trees and 
vegetation; harvesting; tree planting; seedling protection; vegetation 
type conversions; fuels reduction; fire pre-suppression; and road 
construction and maintenance, when these activities are intended to 
provide, for example, a commercial forest product, improve tree and 
forest heath, reduce fire risk, increase forest resiliency to 
environmental stressors, or address insect or disease infestations. A 
forest management activity would not include, for example, clearing 
trees for the construction of a power line in a right of way.
    The BLM specifically requests comments on the proposed elimination 
of the public protest procedures in Sec.  5003.3, including comment on 
alternative procedures that the BLM should consider with respect to 
comments and protests, such as a discretionary 10-day public comment 
period to allow for substantive comment on a proposed forest management 
decision.

Part 5400 Sales of Forest Products; General

    Section 5400.0-3 contains the authority for part 5400. Section 
5400.0-3(c) references a law related to the prohibition of exporting 
unprocessed timber from Federal lands that was superseded by 16 U.S.C. 
620. The proposed changes to this section would reference the BLM's 
current statutory requirements.

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    Section 5400.0-5 contains the definitions for part 5400. The 
proposed rule would add new definitions for ``lump sum sale'' and 
``scale sale,'' which are used, but not defined, in the current 
regulations. These two sale types are the only sale types the BLM uses. 
These definitions would ensure a common understanding of the key 
difference between these sale types, which relates to how the volume of 
the forest product is determined.
    The Fair Market Value definition would be updated by deleting the 
second sentence referencing a BLM Manual that is no longer effective. 
This change would have no effect because appraisal guidance was updated 
in 1996 to address this change. Three other proposed changes in Sec.  
5400.0-5 relate to the administration of the export provisions of this 
rule. The terms ``export'' and ``sourcing area'' would be added to 
provide a basis for determining a violation of the export prohibition. 
The substitution definition would be changed to update the time period 
from 12 months to 24 months to conform to 16 U.S.C. 620, and to also 
delete a reference to a substitution exception for rights-of-way that 
is not included in the statute.
    Changes to Sec.  5402.0-6(d) would delete an exception to 
substitution restrictions that is not provided by statute 16 U.S.C. 
620. This exception was established in the BLM's regulations prior to 
the passage of the statute.
    Section 5402.0-6(e) would amend the rule to clarify how special 
forest product prices would be determined. The BLM sells permits to the 
public for special forest products, which include fuelwood, Christmas 
trees, edibles, pine nuts, cones, seedlings, and other forest products 
other than sawtimber. BLM State Offices generally publish a price list 
based on estimated values within a State. Current regulations in Sec.  
5420.0-6 require that all vegetative resources be appraised and in no 
case be sold at less than appraised value. BLM offices are concerned 
that selling products at the published price for the State is not 
consistent with subpart 5420, because the value of products across a 
State can vary. The addition of Sec.  5402.0-6(e) would clarify that 
vegetative products can be sold by permit without appraisal after 
payment of adequate compensation, which is the standard in the 
authorizing statute. This means that price lists developed by BLM 
managers for special forest product permits could be used, and that 
individual appraisals for each permit sale would not be required.
    Section 5420.0-6 currently requires appraisal of all timber and 
vegetative resources that are sold, and in no case sold for less than 
the appraised value. An exemption for special forest products would be 
added which references Sec.  5402.0-6(e) as described in the previous 
section. The proposed rule removes the phrase ``prohibiting the sale of 
products at less than appraised value'' to allow the BLM to award 
timber sale contracts or vegetative material permits if bids come in 
below the appraised value. The Materials Act of 1947 (30 U.S.C 601) 
requires the BLM to advertise timber sales and to award sales to the 
highest bidder. The BLM is not required by law to sell timber at or 
above the appraised value. Producing highly accurate appraisals is 
costly due to factors such as acquiring log price data, labor costs, 
and equipment costs, including fuel, maintenance, and depreciation. 
This has two potentially negative consequences. First, the BLM could 
incur a high cost to produce an appraisal, which is particularly 
counterproductive for lower value products. Second, an appraisal could 
over-price a sale and result in no bids. No-bid sales result in 
increased costs associated with reappraising and reoffering a sale and 
are particularly costly for salvage sales where the timber quality 
rapidly deteriorates. The proposed changes to this section are intended 
to continue the practice of appraising timber as a guide to determining 
a reasonable price, but also to allow the BLM to sell products to the 
highest bidder at a price below the appraised price if the authorized 
officer receives a reasonable bid. This provision recognizes that an 
appraisal is an estimate of the market price, but that competitive 
bidding through an auction or a sealed bid is generally superior at 
identifying the true market price. The proposed revision anticipates 
increased efficiency in appraisals and a reduction in no bid sales.
    This proposed rule would also change the title of Sec.  5422.1 from 
``Cruise Sales'' to ``Lump-Sum Sales.'' This section would be revised 
to say that a lump-sum sale is most often estimated using a tree cruise 
method. The BLM does not use the term ``cruise sale,'' though it is 
generally understood to mean lump sum. This revision is intended to 
clarify that both sale types are legitimate and available for use based 
on an authorized officer's discretion.
    Changes to Sec.  5422.2 would revise some of the rules for the use 
of scale sales and reorganize the section for clarity. The current 
regulations limit the use of scale sales to events such as timber 
disasters or imminent resource loss. Other circumstances in which its 
use is permitted are ambiguous. Implementation of this section in the 
existing rule has generally discouraged scale sales, despite the fact 
that it is a standard practice in the logging industry and its use is 
common among other sellers of timber, such as State governments and the 
U.S. Forest Service. The proposed rule would permit the use of scale 
sales at the discretion of the authorized officer and would not limit 
the use of scale sales to events such as timber disasters or imminent 
resource loss. The term ``scale sales'' includes the use of weight 
scales, including third party weight scales that are certified by a 
State government for timber sold on a per-ton basis. Section 5422.2 
currently does not mention weight scales, which can lead to the 
incorrect conclusion that the term scale sale in the current rule is 
only referring to log scaling using a log rule.
    Section 5424.1 relates to the enforcement of the export 
prohibition. Timber export laws are designed to not only prohibit the 
timber cut from Federal land from being exported, but also to prohibit 
Federal timber from being used as a substitute for other timber the 
purchaser owns and exports. The revision to this section would update 
the time period for tracking and reporting the export of private timber 
for a purchaser or an affiliate of a purchaser of Federal timber from 1 
year to 2 years. This proposed revision is intended to bring the rule 
into conformance with the Forest Resources Conservation and Shortage 
Relief Act of 1990, as amended.
    Section 5430.0-6 would give the BLM the option to advertise 
competitive timber sales on an agency website.
    Section 5441.1 would establish the qualifications for bidders on 
BLM timber sales. Proposed revisions to this section pertain to the 
debarment regulations at 2 CFR part 180. Under proposed Sec.  
5441.1(c), an individual or entity could be disqualified as a bidder on 
a BLM timber sale if that individual or entity is debarred in the 
Federal Government-wide debarment list. In accordance with 2 CFR part 
180, there is a process for petitioning for an exception from debarment 
which is noted in the proposed Sec.  5441.1(c)(1). The revision to this 
section would bring it into conformance with 2 CFR part 180.
    Section 5441.1-1 sets forth the proposed requirements for a bid 
deposit that must accompany a bid on a timber sale. The proposed rule 
would allow the BLM to refund up to half of the bid deposit if the 
award of the sale is delayed for more than 90 days. In some

[[Page 35053]]

instances in which a sale is conducted, a high bidder is announced, and 
then before award of the contract, circumstances, such as a court 
injunction, delay the award of the timber sale contract. Given that bid 
deposits are 10 percent of the appraised value, a deposit can be 
substantial. The BLM recognizes that delays in the award of timber sale 
contracts is a burden for purchasers; thus, this proposed revision 
would help reduce that burden.
    Section 5441.1-2 refers to a Small Business Administration road 
construction loan program that no longer exists. This section would be 
deleted because it is obsolete.
    Section 5451.1 pertains to performance bonds for timber sale 
contracts, which function to protect the government's interest in 
Federal lands and resources by helping to ensure the fulfillment of a 
purchaser's contract obligations and the BLM's resource objectives. 
Performance bonds may be held by the BLM when a purchaser is not in 
compliance with contract terms and conditions. The bond can be 
forfeited to the BLM to cover costs of remedying unfinished contract 
obligations. Currently, a performance bond is required for all 
contracts for the sale of products greater than or equal to $2,500, and 
for installment contracts of less than $2,500. For cash sales of less 
than $2,500, bond requirements are at the discretion of the authorized 
officer. The proposed rule would require a performance bond for all 
contracts for the sale of products greater than or equal to $10,000, 
and impose a minimum performance bond of not less than $500 or 20 
percent of the contract price, whichever is greater, for all 
installment contracts of less than $10,000. For all cash sales less 
than $10,000, bond requirements would be at the discretion of the 
authorized officer. Under the proposed changes, the BLM would retain 
discretion to require performance bonds within the specific limits 
established in the regulations, and would determine the amount of bond 
required on a case-by-case basis after site-specific analysis. These 
changes are being proposed to account for estimated inflation, since 
the rule was established in 1970 when the amount of material covered by 
the bond was four to five times the amount of material covered at 
current prices. For example, three to five truckloads of timber might 
have been sold for $2,500 in 1970, whereas, at current dollar 
valuation, a single truckload of the same quality timber might exceed 
the threshold for the bonding requirement. This change would adjust the 
BLM's risk exposure to a level that is similar to when the bond 
threshold in the current regulations was originally published.
    The BLM is also proposing changes to Sec.  5473.4 that would allow 
the authorized officer to grant a purchaser's request to extend the 
amount of operating time on a timber sale contract without reappraisal. 
The proposed revision to Sec.  5473.4(c) adds unusual weather 
conditions to the list of reasons the BLM may grant a request for a 
contract extension. It is the BLM's experience that some pause in 
operations occurs due to normal weather, such as a halt in log hauling 
during heavy rain events or a shutdown of yarding due to wet soils 
during spring melt, which would not amount to unusual weather 
conditions. Unusual weather conditions could be record drought leading 
to prolonged fire hazard or record rainfall leading to prolonged wet 
soil conditions.
    Section 5473.4(d) also contains proposed criteria for contract 
extension related to fire and other natural and man-made disasters. The 
purpose of this proposed extension is to allow the BLM to extend 
contracts when a disaster results in significant salvage timber that 
needs to be harvested elsewhere. Timber impacted by a disaster often 
deteriorates rapidly and attracts insects and pathogens, and it is 
prudent that those sales be prioritized over sales that harvest live 
timber. The proposed revisions to this section would expand the BLM's 
authority to extend timber contracts in response to disasters on both 
Federal and non-Federal lands. The revision would also put a 36-month 
limit on the amount of time that a contract could be extended, which is 
not in the current regulations. The BLM recognizes that disasters can 
pose a serious hardship on local communities. The proposed changes 
would allow the BLM to extend the contract terms and provide additional 
time for a purchaser to harvest green timber in areas not impacted by 
the disaster, which could benefit businesses and land owners by 
allowing them to focus their resources on areas impacted by the 
disaster, including salvage removal.
    Section 5500.0-5(e) (Definitions) would revise the definition of 
public lands to make it consistent with the definition in FLPMA at 43 
U.S.C. 1702(e), and to clarify that for this part of the regulations 
O&C grant lands are considered public lands. Moreover, this section 
would clarify that there are conditions for the free use of vegetative 
and mineral materials on O&C grant lands.

Miscellaneous

    Technical Note:  The BLM is proposing changes to the authority 
sections to reflect that the O&C Act, which was previously codified 
at Title 43, Chapter 28, Subchapter V, (43 U.S.C. 1181a-j), was 
transferred to Title 43, Chapter 44, (43 U.S.C. 2601-2634) on July 
1, 2017. The BLM is also proposing to remove Statute at Large 
citations that have already been codified.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs in the Office of Management and 
Budget will review all significant rules. The Office of Information and 
Regulatory Affairs has determined that this proposed rule is not 
significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, reduce uncertainty, and use the best, most innovative, 
and least burdensome tools for achieving regulatory ends. The E.O. 
directs agencies to consider regulatory approaches that reduce burdens 
and maintain flexibility and freedom of choice for the public where 
these approaches are relevant, feasible, and consistent with regulatory 
objectives. E.O. 13563 emphasizes further that regulations must be 
based on the best available science and that the rule making process 
must allow for public participation and an open exchange of ideas. We 
have developed this rule in a manner consistent with these 
requirements.
    The BLM reviewed the requirements of the proposed rule and 
determined that it would not adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. For more detailed information, see the 
Regulatory Impact Analysis (``Economic and Threshold Analysis for 
Proposed Forest Management Rule'') (RIA) prepared for this proposed 
rule. The RIA has been posted in the docket for the proposed rule on 
the Federal eRulemaking Portal: https://www.regulations.gov. In the 
Searchbox, enter ``RIN 1004-AE61,'' click the ``Search'' button, open 
the Docket Folder, and look under Supporting Documents.

Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)

    The Office of Information and Regulatory Affairs has determined 
that

[[Page 35054]]

this proposed rule is not a significant regulatory action as defined in 
E.O. 12866. Therefore, the proposed rule is not an ``E.O. 13771 
regulatory action'' as defined by Office of Management and Budget (OMB) 
guidance implementing E.O. 13771. As such, the proposed rule would not 
be subject to the requirement for ``regulatory actions'' under E.O. 
13771.\1\
---------------------------------------------------------------------------

    \1\ Executive Office of the President, OMB Memorandum No. M-17-
21, Guidance Implementing Executive Order 13771, Titled ``Reducing 
Regulation and Controlling Regulatory Costs,'' April 5, 2017.
---------------------------------------------------------------------------

Regulatory Flexibility Act

    This proposed rule would not have a significant economic effect on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) (RFA). The RFA generally requires that 
Federal agencies prepare a regulatory flexibility analysis for rules 
subject to the notice-and-comment rulemaking requirements under the 
Administrative Procedure Act (5 U.S.C. 500 et seq.), if the rule would 
have a significant economic impact, whether detrimental or beneficial, 
on a substantial number of small entities. See 5 U.S.C. 601-612. 
Congress enacted the RFA to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. Small 
entities include small businesses, small governmental jurisdictions, 
and small not-for-profit enterprises.
    The Small Business Administration (SBA) has developed size 
standards to carry out the purposes of the Small Business Act, which 
can be found in 13 CFR 121.201. For a specific industry identified by 
the North American Industry Classification System (NAICS), small 
entities are defined by the SBA as an individual, limited partnership, 
or small company considered at ``arm's length'' from the control of any 
parent company, which meet certain size standards. The size standards 
are expressed either in number of employees or annual receipts. The 
proposed rule would most likely affect entities that participate in 
timber sales or the related protest process. The industries most likely 
to be directly affected are listed in the table below along with the 
relevant SBA size standards.

------------------------------------------------------------------------
                                          Size standards  Size standards
                Industry                  in millions of   in number of
                                              dollars        employees
------------------------------------------------------------------------
Timber Tract Operations.................           $11.0  ..............
Forest Nurseries and Gathering of Forest            11.0  ..............
 Products...............................
Logging.................................  ..............             500
Support Activities for Forestry.........             7.5  ..............
Environmental Consulting Services.......            15.0  ..............
Environment, Conservation and Wildlife              15.0  ..............
 Organizations..........................
------------------------------------------------------------------------

    BLM timber sales are commonly bid on by, and awarded to, small 
businesses. The BLM is also required by the SBA regulations (13 CFR 
part 121) to set aside a proportion of BLM timber sales for small 
businesses. The proposed regulations would not change this process. 
Four changes in the proposed rule to subparts 5422, 5441, 5451, and 
5463 would have small beneficial economic effects to small businesses 
by lowering financial requirements to enter into a sale contract and by 
providing more flexibility in the timber sale contract. Section 5441.1-
2 refers to a SBA road construction loan program that has expired, and 
therefore the deletion of this section would have no effect. The 
proposed revisions to the forest management decision process should 
benefit small entities that elect to submit comments by more clearly 
defining the process.
    For the purpose of carrying out its review pursuant to the RFA, the 
BLM believes that the proposed rule would not have a ``significant 
economic impact on a substantial number of small entities,'' as that 
phrase is used in 5 U.S.C. 605. An initial regulatory flexibility 
analysis is therefore not required.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The total appraised value of all timber offered by the BLM 
over the last five years is approximately $48 million per year. To the 
extent that the BLM can become more efficient and meet the increased 
timber volume offered when authorized in Resource Management Plans, 
this rule could have positive effects to the economy. Additional 
details can be found in the RIA for this rule.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The primary commodity affected by this 
rule is lumber. The BLM does not anticipate that a reduction in timber 
production would occur due to this proposed rule.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
BLM believes this rule would result in positive effects in each of 
these areas. This proposed rule could have a small positive effect on 
competition by lowering the financial requirements for entering into a 
small sale contract. To the extent that the BLM can become more 
efficient and meet the increased timber volume authorized in Resource 
Management Plans, this rule could have positive effects on employment, 
investment, and productivity.

Unfunded Mandates Reform Act

    This proposed rule would not impose an unfunded mandate on State, 
local, tribal governments, or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local, or tribal governments, or the private sector. This 
proposed rule would only affect the BLM's administrative process for 
protest of forest management decisions and provide minor revisions to 
enhance flexibility in developing and administering timber sales. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630. Section 2(a) of 
E.O. 12630

[[Page 35055]]

identifies policies that do not have takings implications, such as 
those that abolish regulations, discontinue governmental programs, or 
modify regulations in a manner that lessens interference with the use 
of private property. There are no cases where a BLM timber sale or 
forest management decision has affected private property rights. The 
proposed rule would revise the timber sale and decision protest 
processes and would not affect private property rights. A takings 
implication assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this proposed rule 
would not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. It does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. The 
proposed rule would revise processes that have been implemented 
numerous times over decades and which have not been found to have 
effects on the relationship or distribution of power between the 
national government and the States.

Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior strives to strengthen its government 
to-government relationship with Indian tribes through a commitment to 
consultation with Indian tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in E.O. 
13175 and have determined that it has no substantial direct effects on 
federally recognized Indian tribes and that consultation under the 
Department's tribal consultation policy is not required. The BLM 
consults with tribes at multiple decision support stages, including 
development of Resource Management Plans, NEPA scoping, consultation 
under the National Historic Preservation Act, as well as in other 
circumstances identified in the BLM Tribal Consultation policy. 
Decisions affected by this proposed rule are included in all these 
decision support stages. The proposed rule would not affect these 
tribal consultation processes.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This proposed rule would revise existing information collections. 
All information collections require approval under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or 
sponsor and you are not required to respond to a collection of 
information unless it displays a currently valid Office of Management 
and Budget (OMB) control number. The OMB has reviewed and approved the 
information collection requirements associated with timber sales and 
forest management decision making processes under the following OMB 
control numbers:
     1004-0058, ``Forest Management Decision Protest Process 
and Log Export and Substitution'' (expires 11/30/2022);
     1004-0001, ``Free Use Application and Permit for 
Vegetative or Mineral Materials (43 CFR parts 3600, 3620, and 5510)'' 
(expires 01/31/2023); and,
     0596-0085, ``Forest Products Removal Permits and 
Contracts'' (expires 12/31/2021).
    OMB Control Number 1004-0058, as currently approved, authorizes the 
collection of information that assists the BLM in enforcing export and 
substitution prohibitions. This Control Number also provides the public 
an opportunity to comment on a proposed forest management decision. At 
present, control number 1004-0058 authorizes four IC activities. Three 
of these activities assist the BLM in enforcing statutory prohibitions 
against:
     The export of unprocessed timber harvested from Federal 
lands; and
     The use of Federal timber in processing facilities while 
exporting non-Federal unprocessed timber that could have been used in 
those facilities (i.e., substitution).
    The fourth IC activity in this control number provides a process 
for persons to comment on proposed forest management decisions.
    Proposed revisions to Sec.  5003.3 are intended to clarify when 
comments must be received and to improve the process by providing more 
instruction to the public about how to comment on proposed forest 
management decisions and by providing for the submission of comments 
electronically or by other means rather than exclusively by mail, as is 
currently required for protests. Proposed revisions to Sec.  5424.1 
would update that regulation in accordance with statutory amendments. 
The proposed revisions to Sec.  5003.3 and Sec.  5424.1, explained in 
more detail below, would not change our previously approved burden 
estimates under OMB Control Number 1004-0058, but they do require 
approval by OMB:
    (1) Proposed revisions to Sec.  [thinsp]5003 would remove the 
current protest process and replace it with a public comment process as 
described below:
    (a) Section 5003.3(a) currently authorizes protests of a forest 
management decision to be filed within 15 days of the publication of a 
notice of decision or notice of sale in a newspaper of general 
circulation. A proposed revision of that provision would change the 15-
day deadline for submitting protests to a discretionary 10-day public 
comment period for a proposed decision and clarify when comments on a 
proposed decision must be received.
    (b) Proposed Sec.  5003.3(b) would require comments to be 
substantive and allow the authorized officer to disregard non-
substantive comments or a repeat of comments already submitted during 
an environmental-review process.
    (c) Proposed Sec.  5003.3(c) would provide that the BLM shall not 
consider comments on a proposed decision that are not timely filed and 
would allow comments on a proposed decision to be filed via regular 
mail, fax, hand-delivery, express delivery, messenger service, or be 
posted electronically to an agency website, if available.
    (d) Proposed Sec.  5003.3(d) would allow a proposed decision to 
become final upon expiration of the 10-day comment period if no 
comments are received.
    (e) Proposed Sec.  5003.3(e) would allow the authorized officer, at 
the conclusion of his/her review of submitted comments, to include any 
responses to comments in the final decision document.
    (f) Proposed Sec.  5003.3(f) includes a new provision that would 
require a final forest management decision to provide instructions to 
the public describing the process for submitting an appeal under 43 CFR 
part 4.
    (2) Proposed revisions to Sec.  5424.1(a)(1) and (2) update the 
reporting requirement for purchasers and affiliates to report the 
export of private timber from within 1 year to 2 years.
    Title: Forest Management Decision Protest Process and Log Export 
and Substitution.

[[Page 35056]]

    OMB Control Number: 1004-0058.
    Form Numbers: 5450-17, 5460-15, and 5460-17.
    Type of Review: Revision of a currently approved collection.
    Description of Respondents: Purchasers of Federal timber, their 
affiliates, and any person who wishes to comment on a proposed BLM 
forest management decision.
    Estimated Number of Annual Respondents: 325.
    Estimated Number of Responses: 325.
    Estimated Completion Time per Response: Completion time varies 
between 100 hours and 250 hours, depending on activity.
    Estimated Total Annual Burden Hours: 550.
    Respondents' Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Estimated Total Non-Hour Cost: $0.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
any aspect of this information collection, including:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of response.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to Faith Bremner, Senior Regulatory Analyst, 
Bureau of Land Management, Mail Stop 2134 LM, 1849 C Street NW, 
Washington, DC 20240; or by email to [email protected]. Please reference 
OMB Control Number 1004-AE61in the subject line of your comments.

National Environmental Policy Act

    The BLM does not believe this rule would constitute a major Federal 
action
    significantly affecting the quality of the human environment, and 
has prepared preliminary documentation to this effect, explaining that 
a detailed statement under the National Environmental Policy Act (NEPA) 
would not be required because the rule is categorically excluded from 
NEPA review. This rule would be excluded from the requirement to 
prepare a detailed statement because, as proposed, it would be a 
regulation entirely procedural in nature. (For further information see 
43 CFR 46.210(i)). We have also determined, as a preliminary matter, 
that the rule does not involve any of the extraordinary circumstances 
listed in 43 CFR 46.215 that would require further analysis under NEPA.
    Documentation of the proposed reliance upon a categorical exclusion 
has been prepared and is available for public review with the other 
supporting documents for this proposed rule.

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

Clarity of This Regulation

    We are required by E.O. 12866 (section 1(b)(12)), 12988 (section 
3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you believe that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Author

    The principal authors of this rule are: Wade Salverson and 
Christian Schumacher, Division of Forest, Range, Riparian, and Plant 
Conservation; Jennifer Noe, Division of Regulatory Affairs; assisted by 
the Office of the Solicitor.

List of Subjects

43 CFR Part 5000

    Administrative practice and procedure, Forests and forest products, 
Public lands.

43 CFR Part 5400

    Administrative practice and procedure, Forests and forest products, 
Public lands, Reporting and recordkeeping requirements.

43 CFR Part 5420

    Forests and forest products, Government contracts, Public lands, 
Reporting and recordkeeping requirements.

43 CFR Part 5440

    Forests and forest products, Government contracts, Public lands, 
Reporting and recordkeeping requirements.

43 CFR Part 5450

    Forests and forest products, Government contracts, Public lands, 
Reporting and recordkeeping requirements.
    Surety bonds

43 CFR Part 5460

    Forests and forest products, Government contracts, Public lands.

43 CFR Part 5470

    Forests and forest products, Government contracts, Public lands, 
Reporting and recordkeeping requirements.

43 CFR Part 5500

    Forests and forest products, Public lands.

Casey Hammond,
 Principal Deputy Assistant Secretary--Land and Minerals Management, 
Exercising the Authority of the Assistant Secretary--Land and Minerals 
Management.

43 CFR Chapter II

    For the reasons set out in the preamble, the Bureau of Land 
Management proposes to amend 43 CFR parts 5000, 5400, 5410, 5420, 5430, 
5440, 5450, 5460, 5470, and 5500 as follows:

PART 5000--ADMINISTRATION OF FOREST MANAGEMENT DECISIONS



0
1. Revise part 5000 to read as follows:

Sec.
5003.1 Effect of decisions; general.

[[Page 35057]]

5003.2 Notice of forest management decisions.
5003.3 [Reserved]
5003.4 Definitions: general.

    Authority: 43 U.S.C. 2601; 30 U.S.C. 601 et seq.; 43 U.S.C. 
1701.


Sec.  5003.1   Effect of decisions; general.

    Notwithstanding the provisions of 43 CFR 4.21(a),
    (a) The authorized officer may make a forest management decision, 
as described in Sec.  5003.2, effective immediately or on a date 
established in the decision. The filing of a petition for a stay 
pending appeal under 43 CFR part 4 shall not automatically suspend the 
effect of a forest management decision issued under Sec.  5003.2.
    (b) Where the BLM determines that vegetation, soil, or other 
resources on the public lands are at substantial risk of wildfire due 
to drought, fuels buildup, or other reasons, or at immediate risk of 
erosion or other damage due to wildfire, BLM may make a wildfire 
management decision made under this part and parts 5400 through 5510 of 
this subchapter effective immediately or on a date established in the 
decision. Wildfire management includes but is not limited to:
    (1) Fuel reduction or fuel treatment such as prescribed burns and 
mechanical, chemical, and biological thinning methods (with or without 
removal of thinned materials); and
    (2) Projects to stabilize and rehabilitate lands affected by 
wildfire.
    (c) The Interior Board of Land Appeals will issue a decision on the 
merits of an appeal of a wildfire management decision under paragraph 
(b) of this section within the time limits prescribed in 43 CFR 4.416.


Sec.  [thinsp]5003.2  Notice of forest management decisions.

    (a) The BLM authorizes forest management activities, which are 
defined in Sec.  5003.4, by issuing forest management decisions. Forest 
management decisions shall be posted on a designated agency website 
while also:
    (1) Publishing a notice in a newspaper of general circulation in 
the area;
    (2) Sending a notice by direct or electronic mail to a list of 
parties requesting direct notification; or
    (3) Broadcasting a notice on one or more mass-media platforms.
    (b) The posting date of the final forest management decision on the 
agency website establishes the official date of the decision for 
purposes of an appeal under 43 CFR part 4.


Sec.  [thinsp]5003.3  [Reserved]


Sec.  5003.4  Definitions: general.

    Forest management activity generally means activities with a 
silvicultural or forest protection objective including associated 
actions needed to carry out the silvicultural or forest protection 
objective, such as construction and maintenance of roads and 
improvements.

PART 5400--SALES OF FOREST PRODUCTS; GENERAL

0
2. The authority citation for part 5400 is revised to read as follows:

    Authority:  30 U.S.C. 601 et seq., 43 U.S.C. 315, 2601, 16 
U.S.C. 607a, and 43 U.S.C. 1701 et seq.

0
3. Amend Sec.  [thinsp]5400.0-3 by revising paragraphs (a) and (c) to 
read as follows:


Sec.  [thinsp]5400.0-3   Authority.

    (a) The Act of August 28, 1937 (43 U.S.C. 2601) authorizes the sale 
of timber from the Revested Oregon and California Railroad and 
Reconveyed Coos Bay Wagon Road Grant Lands and directs that such lands 
shall be managed for permanent forest production and the timber thereon 
sold, cut and removed in conformity with the principle of sustained 
yield for the purpose of providing a permanent source of timber supply, 
protecting watersheds, regulating streamflow and contributing to the 
economic stability of local communities and industries, and providing 
recreational facilities.
* * * * *
    (c) Public Law 101-382 (104 Stat. 714) Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620) 
Restrictions on exports of unprocessed timber originating from Federal 
lands.
* * * * *
0
4. Amend Sec.  [thinsp]5400.0-5 by adding the definitions for 
``Export,'' ``Lump sum,'' ``Scale sale,'' and ``Sourcing area'' in 
alphabetical order and revising the definitions of ``Fair Market 
value'', ``Substitution,'' and ``Third party scaling,'' to read as 
follows:


Sec.  [thinsp]5400.0-5  Definitions.

* * * * *
    Export means the transporting or causing to be transported, either 
directly or through another party, unprocessed timber to a foreign 
country. Export occurs on the date that a person enters into an 
agreement to sell, trade, or otherwise convey such timber to a person 
for delivery to a foreign country. If the date in the preceding 
sentence cannot be established, export occurs when unprocessed timber 
is placed in an export facility for preparation, including but not 
limited to, sorting or bundling, and container loading, for shipment 
outside the United States, or when unprocessed timber is placed on 
board an oceangoing vessel, rail car, or other conveyance destined for 
a foreign country, port, or facility.
    Fair Market value means the price forest products will return when 
offered for competitive sale on the open market.
* * * * *
    Lump-sum means a sale where the total quantity of forest product 
that is designated for removal is estimated and established prior to 
the sale.
* * * * *
    Scale sale means a sale where the total quantity of forest product 
that is designated for removal is determined after cutting, but before 
its conversion or end use.
* * * * *
    Sourcing area means a geographic area approved by the Secretary of 
the Interior where prohibitions for direct and indirect substitution 
shall not apply with respect to the acquisition of unprocessed timber 
originating from Federal lands west of the 100th meridian in the 
contiguous 48 States by a person who, in the previous 24 months, has 
not exported unprocessed timber originating from private lands within 
the sourcing area; and during the period in which such approval is in 
effect, does not export unprocessed timber originating from private 
lands within the sourcing area.
    Substitution means:
    (1) The purchase of a greater volume of Federal timber by an 
individual purchaser than has been his historic pattern within twenty-
four (24) months of the sale of export by the same purchaser of a 
greater volume of his private timber than has been his historic pattern 
during the preceding twenty-four (24) months; and
    (2) The increase of both the purchase of Federal timber and export 
of timber from private lands tributary to the plant for which Bureau of 
Land Management timber covered by a specific contract is delivered or 
expected to be delivered.
    Third party scaling means the measurement of logs by a scaling 
organization or weight scale certified by a State, other than a 
Government agency, approved by the Bureau.
* * * * *
0
5. Amend Sec.  5402.0-6 by revising paragraph (d), adding paragraph 
(e), and removing the parenthetical authority citation at the end of 
the section to read as follows:

[[Page 35058]]

Sec.  [thinsp]5402.0-6   Policy.

* * * * *
    (d) All negotiated sales shall be subject to the restrictions 
relating to the export and substitution from the United States of 
unprocessed timber.
    (e) Special forest products, including firewood, Christmas trees, 
boughs, greenery, mushrooms and other similar vegetative resources, may 
be sold by permit, without appraisal, after payment to the government 
of adequate compensation for the material and may include the expense 
of issuance of the permit.

PART 5410--ANNUAL TIMBER SALE PLAN

0
6. The authority citation for part 5410 is revised to read as follows:

    Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 2604.

0
7. Revise Sec.  5410.0-6 to read as follows:


Sec.  [thinsp]5410.0-6  Policy.

    Plans for the sale of timber from the O. and C. and public lands 
will be developed annually. Suggestions from prospective purchasers of 
such timber may be received to assist in the development of a sound 
annual timber sale plan. Such plan may be advertised in a newspaper of 
general circulation in the area in which the timber is located or an 
agency website. Such advertisement shall indicate generally the 
probable time when the various tracts of timber included in the plan 
will be offered for sale, set-asides if any, and the probable location 
and anticipated volumes of such tracts. The authorized officer may 
subsequently change, alter or amend the annual timber sale plan.

PART 5420--PREPARATION FOR SALE

0
8. The authority citation for part 5420 is revised to read as follows:

    Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 2604.

0
9. Revise Sec.  5420.0-6 to read as follows:


Sec.  [thinsp]5420.0-6   Policy.

    All timber or other vegetative resources to be sold, except 
materials that qualify under Sec.  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.
0
10. Revise Sec.  [thinsp]5422.1 to read as follows:


Sec.  [thinsp]5422.1  Lump-sum sales.

    As the general practice, the Bureau will estimate volume for a 
lump-sum sale using a tree cruise basis.
0
11. Revise Sec.  [thinsp]5422.2 to read as follows:


Sec.  [thinsp]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.
0
12. Amend Sec.  5424.0-6 by revising paragraph (d) to read as follows:


Sec.  5424.0-6   Policy.

* * * * *
    (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.
* * * * *
0
13. Amend Sec.  [thinsp]5424.1 by revising paragraphs (a)(1) and (2) to 
read as follows:


Sec.  5424.1   Reporting provisions for substitution determination.

    (a) * * *
    (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.
* * * * *

PART 5430--ADVERTISEMENT

Subpart 5430--Advertisement; General

0
14. The authority citation for subpart 5430, is revised to read as 
follows:

    Authority: 43 U.S.C. 2604, 30 U.S.C. 601 et seq.

0
15. Revise Sec.  5430.0-6 to read as follows:


Sec.  5430.0-6  Policy.

    Competitive timber sales shall be advertised in a newspaper of 
general circulation or agency website in the area in which the timber 
or other vegetative resources are located and a notice of the sale 
shall be posted in a conspicuous place in the office where bids are to 
be submitted. Such advertisement shall be published on the same day 
once a week for two consecutive weeks, except that sales amounting to 
less than 500 M board feet, need be published once only. When in the 
discretion of the authorized officer longer advertising periods are 
desired, such longer periods are permitted.

PART 5440--CONDUCT OF SALES

0
16. The authority citation for part 5440 is revised to read as follows:

    Authority: 43 U.S.C. 2604, 30 U.S.C. 601 et seq.

0
17. Amend Sec.  5441.1 by revising paragraph (c) to read as follows:


Sec.  5441.1  Qualification of bidders.

* * * * *
    (c) Timber sale contracts are ``covered transactions'' under the 
suspension and debarment rules for discretionary assistance, loan, and 
benefit award programs at 2 CFR part 180, implemented as a regulation 
by the Department at 2 CFR part 1400. See 2 CFR 180.200, 180.210, and 
1400.970.
    (1) A bidder or purchaser that has been suspended, debarred or 
otherwise determined to be ineligible for award is prohibited from 
bidding on a timber sale unless an award specific written compelling 
reasons exception determination pursuant to 2 CFR 180.135 and 1400.137 
is issued by the Department's Director, Office of Acquisition and 
Property Management to permit an excluded party to participate in the 
covered transaction.
    (2) A bidder or purchaser suspended, debarred or otherwise award 
ineligible may continue to bid on timber purchase contracts; however, 
absent issuance of a written compelling reasons determination under 
paragraph (c)(1) of this section, no award shall be made during the 
period of award ineligibility.
    (3) As required by 2 CFR 180.335, prior to awarding a timber sale 
contract, a bidder or purchaser (i.e., a nonprocurement award 
participant) shall certify to BLM that neither the entity nor any of 
its principals, as defined at 2 CFR 180.995, is suspended, debarred, or 
otherwise disqualified.
    (4) If a participant enters into a covered transaction with another 
person at the next lower tier, the participant must verify that the 
person with whom they intend to enter into that transaction is not 
suspended, debarred, or otherwise award disqualified. See 2 CFR 180.300 
and 1400.220.
0
18. Revise Sec.  5441.1-1 to read as follows:


Sec.  [thinsp]5441.1-1  Bid deposits.

    Sealed bids shall be accompanied by a deposit of not less than 10 
percent of

[[Page 35059]]

the appraised value of the timber or other vegetative resources. For 
offerings at oral auction, bidders shall make a deposit of not less 
than 10 percent of the appraised value prior to the opening of the 
bidding. The authorized officer may, in his or her discretion, require 
larger deposits. Deposits may be in the form of cash, money orders, 
bank drafts, cashiers or certified checks made payable to the Bureau of 
Land Management, or bid bonds of a corporate surety shown on the 
approved list of the United States Treasury Department or any 
guaranteed remittance approved by the authorized officer. Upon 
conclusion of the bidding, the bid deposits of all bidders, except the 
high bidder, will be returned. The deposit of the successful bidder 
will be applied to the purchase price at the time the contract is 
signed by the authorized officer unless the deposit is a corporate 
surety bid bond, in which case the surety bond will be returned to the 
purchaser. If the BLM fails to award the timber sale within 90 days of 
the determination of the high bidder, a portion of the bid deposit may 
be refunded to the high bidder upon written request to the authorized 
officer, such that the BLM retains a deposit of at least 5% of the 
appraised value. The remainder of the full bid deposit must be 
resubmitted to the BLM once the high bidder is notified in writing that 
the delay of award has been remedied and the authorized officer is 
prepared to issue the contract. If the high bidder is unable to provide 
the full amount of the bid deposit within 30 days of the written 
notification, the sale will be re-auctioned and the high bidder will be 
barred from participating in any subsequent auctions for the same 
tracts.


Sec.  5441.1-2   [Removed]

0
19. Remove Sec.  5441.1-2.


Sec.  5441.1-3   [Redesignated as Sec.  5441.1-2]

0
20. Redesignate Sec.  5441.1-3 as Sec.  5441.1-2.

PART 5450--AWARD OF CONTRACT

0
21. The authority citation for part 5450 is revised to read as follows:

    Authority: 43 U.S.C. 2604; 30 U.S.C. 601 et seq.

0
22. Amend Sec.  [thinsp]5451.1 by revising paragraph (a) introductory 
text to read as follows:


Sec.  [thinsp]5451.1  Minimum performance bond requirements; types.

    (a) A minimum performance bond of not less than 20 percent of the 
total contract price shall be required for all contracts of $10,000 or 
more, but the amount of the bond shall not be in excess of $500,000, 
except when the purchaser opts to increase the minimum bond as provided 
in Sec.  [thinsp]5451.2. A minimum performance bond of not less than 
$500 or 20% of the contract price, whichever is greater, will be 
required for all installment contracts less than $10,000. For cash 
sales less than $10,000, bond requirements, if any, will be at the 
discretion of the authorized officer. The performance bond may be:
* * * * *

PART 5460--SALES ADMINISTRATION

0
23. The authority citation for part 5460 is revised to read as follows:

    Authority:  30 U.S.C. 601 et seq., 43 U.S.C. 2604.

0
24. Revise Sec.  [thinsp]5461.3 to read as follows:


Sec.  [thinsp]5461.3  Total payment.

    The total amount of the contract purchase price must be paid prior 
to expiration of the time for cutting and removal under the contract. 
For a lump sum sale, the purchaser shall not be entitled to a refund 
even though the amount of timber cut, removed, or designated for 
cutting may be less than the estimated total volume shown in the 
contract. For a scale sale, if it is determined after all designated 
timber has been cut and measured that the total payments made under the 
contract exceed the total sale value of the timber measured, such 
excess shall be refunded to the purchaser within 60 days after such 
determination is made.

PART 5470--CONTRACT MODIFICATION--EXTENSION--ASSIGNMENT

0
25. The authority citation for part 5470 is revised to read as follows:

    Authority:  30 U.S.C. 601; 43 U.S.C. 2604 and 1740.

0
26. Amend Sec.  5473.4 by:
0
a. Removing the word ``or'' at the end of paragraph (c)(4);
0
b. Revising paragraph (c)(5);
0
c. Adding paragraph (c)(6); and
0
d. Revising paragraph (d).
    The revisions and addition read as follows:


Sec.  5473.4  Approval of request.

* * * * *
    (c) * * *
    (5) Closure of operations by BLM or State fire protection agencies 
due to fire danger; or
    (6) Closure of operations due to unusual weather, where the BLM 
restricted operations during periods with specific environmental 
conditions, including but not limited to restrictions for low soil 
moisture, sustained dry periods, frozen soils, or operations requiring 
snow cover of specific depth.
    (d) Upon written request of the purchaser, the State Director may 
extend a contract to harvest green timber to allow that purchaser to 
harvest timber as salvage from other Federal or non-Federal lands that 
have been damaged by fire or other natural or man-made disaster. The 
duration of the extension shall not exceed the time necessary to meet 
the salvage objectives, or a maximum of 36 months. The State Director 
may also waive reappraisal for such extension.

PART 5500--NONSALE DISPOSALS; GENERAL

Subpart 5500--Nonsale Disposals; General

0
27. The authority citation for part 5500, subpart 5500, continues to 
read as follows:

    Authority: 30 U.S.C. 601 et seq., 43 U.S.C. 315, 423.

0
28. Amend Sec.  5500.0-5 by revising paragraph (e) to read as follows:


Sec.  5500.0-5   Definitions.

* * * * *
    (e) Public Lands means any land and interest in land owned by the 
United States within the several States and administered by the 
Secretary of the Interior through the Bureau of Land Management 
including O. and C. Lands, without regard to how the United States 
acquired ownership, except:
    (1) Lands located on the Outer Continental Shelf; and
    (2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
* * * * *
[FR Doc. 2020-12123 Filed 6-5-20; 8:45 am]
 BILLING CODE 4310-84-P