Purchaser Credit on Timber Sale Contracts

Issuing agencies

Abstract

The United States Department of Agriculture, Forest Service (Forest Service or Agency) is making purely technical, clarifying amendments to its existing regulations relating to timber purchaser credit in timber sale contracts on National Forest System lands. The authority to use purchaser credit ended in April 1999, and there are no timber contracts subject to this expired authority. This final rule removes sections regulating purchaser credit because these regulations are now obsolete. The removal is necessary to reflect the statutory repeal of purchaser credit authority after April 1, 1999, and the elimination of expired contractual provisions.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Rules and Regulations]
[Pages 64118-64120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20512]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

RIN 0596-AD78


Purchaser Credit on Timber Sale Contracts

AGENCY: Forest Service, Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: The United States Department of Agriculture, Forest Service 
(Forest Service or Agency) is making purely technical, clarifying 
amendments to its existing regulations relating to timber purchaser 
credit in timber sale contracts on National Forest System lands. The 
authority to use purchaser credit ended in April 1999, and there are no 
timber contracts subject to this expired authority. This final rule 
removes sections regulating purchaser credit because these regulations 
are now obsolete. The removal is necessary to reflect the statutory 
repeal of purchaser credit authority after April 1, 1999, and the 
elimination of expired contractual provisions.

DATES:  This rule is effective November 5, 2026.

FOR FURTHER INFORMATION CONTACT: Kraig Kidwell, National Timber 
Contracts and Appraisals Group Lead, at <a href="/cdn-cgi/l/email-protection#59322b38303e7732303d2e3c3535192c2a3d38773e362f"><span class="__cf_email__" data-cfemail="86edf4e7efe1a8edefe2f1e3eaeac6f3f5e2e7a8e1e9f0">[email&#160;protected]</span></a> or 541-
961-2614. Individuals who are deaf, hard of hearing, or have a speech 
disability may call 711 to reach the Telecommunications Relay Service, 
then provide the phone number of the person named as point of contact 
for further information.

SUPPLEMENTARY INFORMATION: This final rule makes purely technical, 
clarifying revisions to the Agency's existing regulations at 36 CFR 
223, sections 223.42, 223.43, 223.44, 223.45, 223.62, and 223.304 
relating to timber purchaser credit in timber sale contracts on 
National Forest System (NFS) lands, pursuant to the Omnibus 
Consolidated and Emergency Appropriations Act of 1999 (Pub. L. 105-277, 
div. A, Sec.  101(e) [title III, Sec.  329]; 16 U.S.C. 535a). The 
regulations in sections 223.42, 223.43, 223.44, 223.45, and 223.62 
promulgated rules for transferring credit, established the limit on 
transferred credit, established road construction credit, established 
protections for the Forest Service to carry out collections, and 
provided definitions. The regulation in section 223.304 made use of 
sections 223.42-.45 and 223.62 inapplicable to sale of property 
(stewardship timber sale) contracts. Upon reviewing these regulations, 
USDA has determined they are obsolete and should be removed or amended 
as applicable. The Omnibus Consolidated and Emergency Appropriations 
Act of 1999 prohibited the continued use of purchaser credit in new 
timber sale contracts after April 1, 1999. The Forest Service removed 
purchaser credit references from internal directives and on all timber 
sale contracts after that date, but some regulatory references to 
purchaser credit in 36 CFR 223 were maintained because purchaser credit 
authorized prior to April 1, 1999, on existing timber contracts 
remained valid. However, all timber contracts that were subject to this 
authority have long since expired.
    Therefore, sections 223.42, 223.43, 223.44, 223.45, and 223.62 
regulating purchaser credit in subpart B of Part 223 are now obsolete. 
The regulations will be removed and the sections will be reserved for 
future use. Section 223.304 of subpart I is being amended to delete 
references to the five obsolete sections of subpart B being removed. 
Section 223.304 also is being amended because it erroneously repeats a 
paragraph. Paragraphs (a)(3) through (a)(5), (a)(7), and (a)(9) of 
section 223.304 will be removed because they reference the obsolete 
sections; paragraph (a)(6) will be removed because it duplicates 
paragraph (a)(5). The remaining paragraphs in section 223.304(a) will 
be renumbered to maintain numerical order.
    These technical, clarifying amendments do not formulate standards, 
criteria, or guidelines applicable to Forest Service programs and 
therefore do not require public notice and opportunity to comment under 
section 14(a) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1612(a)).

Regulatory Certifications

Regulatory Planning and Review

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget will determine whether a regulatory action is significant as 
defined by E.O. 12866 and will review significant regulatory actions. 
OIRA has determined that this final rule is not significant as defined 
by E.O. 12866. E.O. 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Department has developed the final rule consistent with E.O. 13563.

Congressional Review Act

    Pursuant to subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 
801 et seq.), OIRA has designated this final rule as not a major rule 
as defined by 5 U.S.C. 804(2).

National Environmental Policy Act

    The final rule will remove or amend sections that regulate 
purchaser credit because the use of purchaser credit is prohibited by 
law, making these regulations obsolete. Department regulations at 7 CFR 
1b.4(c)(20) exclude from documentation in an environmental assessment 
or environmental impact statement ``rules, regulations, or policies to 
establish servicewide administrative procedures, program processes, or 
instructions.'' The Department's assessment is that this final rule 
falls within this category of actions and that no extraordinary 
circumstances exist that will require preparation of an environmental 
assessment or an environmental impact statement.

Regulatory Flexibility Act

    The Department has considered this final rule under the Regulatory 
Flexibility Act (5 U.S.C. 602 et. seq.). This final rule will not have 
any direct effect on small entities as defined by the Regulatory 
Flexibility Act. This final rule will not impose recordkeeping 
requirements on small entities; will not affect their competitive 
position in relation to large entities; and will not affect their cash 
flow, liquidity, or ability to remain in the market. Therefore, the 
Department has determined that this final rule will not have a 
significant economic impact on a substantial number of small entities 
pursuant to the Regulatory Flexibility Act.

[[Page 64119]]

Federalism

    The Department has considered this final rule under the 
requirements of E.O. 13132, Federalism. The Department has determined 
that the final rule conforms with the federalism principles set out in 
this E.O.; will not impose any compliance costs on the States; and will 
not have substantial direct effects on the States, on the relationship 
between the Federal government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, the Department has concluded that this final rule will not 
have federalism implications.

Consultation and Coordination With Indian Tribal Governments

    E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, requires Federal agencies to consult and coordinate with 
Tribes on a government-to-government basis on policies that have Tribal 
implications, including regulations, legislative comments, or proposed 
legislation, and other policy statements or actions that have 
substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. The final rule will remove sections that 
regulate purchaser credit in timber sales because the use of purchaser 
credit is prohibited by law, making these regulations obsolete. The 
Department has reviewed this final rule in accordance with the 
requirements of E.O. 13175 and has determined that this final rule will 
not have substantial direct effects on Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. Therefore, consultation and coordination 
with Indian Tribal governments is not required for this proposed rule.

Family Policymaking Assessment

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a 
Family Policymaking Assessment for a rule that may affect family well-
being. The final rule will have no impact on the autonomy or integrity 
of the family as an institution. Accordingly, the Department has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment for the final rule.

Takings Implications

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights. The 
Department has determined that the final rule will not pose the risk of 
a taking of private property.

Energy Effects

    The Department has reviewed the final rule under E.O. 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Department has determined that the final rule 
will not constitute a significant energy action as defined in E.O. 
13211.

Civil Justice Reform

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12988, Civil Justice Reform. Upon 
publication of the final rule, (1) all State and local laws and 
regulations that conflict with the final rule or that impede its full 
implementation will be preempted; (2) no retroactive effect will be 
given to this final rule; and (3) it will not require administrative 
proceedings before parties may file suit in court challenging its 
provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Department has assessed the effects of the final 
rule on State, local, and Tribal governments and the private sector. 
The final rule will not compel the expenditure of $100 million or more, 
adjusted annually for inflation, in any 1 year by State, local, and 
Tribal governments in the aggregate or by the private sector. 
Therefore, a statement under section 202 of the Act is not required.

Paperwork Reduction Act

    The final rule does not contain any recordkeeping or reporting 
requirements, or other information collection requirements as defined 
in 5 CFR part 1320, that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 223

    Administrative practice and procedure, Exports, Forests and forest 
products, Government contracts, National forests, Reporting and 
recordkeeping requirements.

    Therefore, for the reasons stated in the preamble, and under the 
authority of 16 U.S.C. 535a, the Department is amending 36 CFR part 223 
as follows:

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

0
1. The authority citation for part 223, applicable to all subparts, 
continues to read:

    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. 620-620j, 25 U.S.C. 3055 
and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise 
noted.

Subpart B--Timber Sale Contracts


Sec.  223.42  [Removed and Reserved]

0
2. Remove and reserve Sec.  223.42.


Sec.  223.43  [Removed and Reserved]

0
3. Remove and reserve Sec.  223.43.


Sec.  223.44  [Removed and Reserved]

0
4. Remove and reserve Sec.  223.44.


Sec.  223.45  [Removed and Reserved]

0
4. Remove and reserve Sec.  223.45.


Sec.  223.62  [Removed and Reserved]

0
4. Remove and reserve Sec.  223.62.

0
5. Revise Sec.  223.304(a) to read as follows:

Subpart I--Stewardship End Result Contracting Projects


Sec.  223.304  Sale of property contracts.

* * * * *
    (a) Utilize the provisions of subparts A and B of this part, except 
that the following provisions will not be applicable:
    (1) Section 223.4--Exchange of trees or portions of trees.
    (2) Section 223.31--Duration of contracts.
    (3) Section 223.49--Downpayments. Paragraph (d).
    (4) Section 223.65--Appraisal of timber for land exchange; right-
of-way, or other authorized use.
    (5) Section 223.80--When advertisement is required.
    (6) Section 223.82--Contents of advertisement.
    (7) Section 223.83--Contents of prospectus.
    (8) Section 223.84--Small business bid form provisions on sales 
with specified road construction.
    (9) Section 223.88--Bidding methods.
    (10) Section 223.100--Award to highest bidder.

[[Page 64120]]

    (11) Section 223.102--Procedure when sale is not awarded to highest 
bidder.
    (12) Section 223.103--Award of small business set-aside sales.
    (13) Section 223.118--Appeal process for small business timber sale 
set-aside program share recomputation decisions.
* * * * *

Michael K. Boren,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2026-20512 Filed 10-6-26; 8:45 am]
BILLING CODE 3411-15-P


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