§1614 — Title 43 Public Lands | U.S. Code

Summary

The Secretary of Agriculture can change National Forest timber sale contracts when those contracts are affected by land transfers under this law. With the buyer’s agreement, the Secretary may swap in timber from other national forest lands that, as much as possible, match in volume, species, quality, and access for the timber on the affected land. If the local Village Corporation asks, the Secretary must make that swap as the contract allows, even without the buyer’s consent. Land that is transferred to a Native Corporation and lies inside a contract’s contingency area is no longer covered by that timber contract, and the contractor may not enter or cut timber there. Until the Native Corporation receives all the land it is entitled to under this law, the contractor may not enter or cut timber on contingency-area land that the Native Corporation has withdrawn or selected, unless the Native Corporation agrees. Contingency area: an area in a timber sale contract that the contractor may use only if the contract’s required timber cannot be gotten from the definite areas listed in the contract.

Title 43, §1614

Public Lands — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of existing National Forest timber sale contracts that are directly affected by conveyances authorized by this chapter, the Secretary of Agriculture is authorized to modify any such contract, with the consent of the purchaser, by substituting, to the extent practicable, timber on other national forest lands approximately equal in volume, species, grade, and accessibility for timber standing on any land affected by such conveyances, and, on request of the appropriate Village Corporation the Secretary of Agriculture is directed to make such substitution to the extent it is permitted by the timber sale contract without the consent of the purchaser.

(b)No land conveyed to a Native Corporation pursuant to this chapter or by operation of the Alaska National Interest Lands Conservation Act which is within a contingency area designated in a timber sale contract let by the United States shall thereafter be subject to such contract or to entry or timbering by the contractor. Until a Native Corporation has received conveyances to all of the land to which it is entitled to receive under the appropriate section or subsection of this chapter, for which the land was withdrawn or selected, no land in such a contingency area that has been withdrawn and selected, or selected, by such Corporation under this chapter shall be entered by the timber contractor and no timber shall be cut thereon, except by agreement with such Corporation. For purposes of this subsection, the term “contingency area” means any area specified in a timber sale contract as an area from which the timber contractor may harvest timber if the volume of timber specified in the contract cannot be obtained from one or more areas definitely designated for timbering in the contract.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska National Interest Lands Conservation Act, referred to subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 16, Conservation, and Tables.

Amendments

1980—Pub. L. 96–487 designated existing provision as subsec. (a) and added subsec. (b).

§1614 Timber Sale Contracts; Modification; Timber From Contingency Area