§5188 — Title 42 The Public Health and Welfare | U.S. Code

Summary

If a timber sale contract does not already cover big physical changes caused by a major disaster, and the buyer must do extra road or development work because of that disaster, the United States must pay the extra construction costs that the Secretary estimates above these amounts: more than $1,000 for sales under 1,000,000 board feet; more than $1 per thousand board feet for sales of 1,000,000 to 3,000,000 board feet; and more than $3,000 for sales over 3,000,000 board feet. If the Secretary finds the damage so large that cost-sharing won’t work, the Secretary may cancel the contract even if the contract says otherwise. The Secretary of Agriculture can cut the public notice period for national forest timber sales to seven days when the sale will help rebuild a disaster area, help the local economy, or save or protect timber after a disaster. The President may give grants to state or local governments to remove disaster-damaged timber from private land, and those governments can pay people back for removal costs only up to the amount by which the costs exceed the timber’s salvage value.

Title 42, §5188

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States.

(b)If the appropriate Secretary determines that damages are so great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein.

(c)The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476 11 See References in Text note below. of title 16, in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.

(d)The President, when he determines it to be in the public interest, is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber.

Editorial Notes

References in Text

Section 476 of title 16, referred to in subsec. (c), was repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958.

§5188 Timber sale contracts

Summary

Title 42, §5188

Notes & Related Subsidiaries

Editorial Notes

References in Text

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