§ 163.16. Forest product sales without advertisement.
195 words·~1 min read·
/us/cfr/t25/s§ 163.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Sales of forest products may be made without advertisement to Indians or non-Indians with the consent of the authorized tribal representatives for tribal forest products or with the consent of the beneficial owners of a majority Indian interest of individually owned Indian land, and the approval of the Secretary when:
(1)Forest products are to be cut in conjunction with the granting of a right-of-way;
(2)Granting an authorized occupancy;
(3)Tribal forest products are to be purchased by an Indian tribal forest enterprise;
(4)It is impractical to secure competition by formal advertising procedures;
(5)It must be cut to protect the forest from injury; or
(6)Otherwise specifically authorized by law.
(b)The approving officer shall establish a documented record of each negotiated transaction. This will include:
(1)A written determination and finding that the transaction is a type allowing use of negotiation procedures;
(2)The extent of solicitation and competition, or a statement of the facts upon which a finding of impracticability of securing competition is based; and
(3)A statement of the factors on which the award is based, including a determination as to the reasonability of the price accepted.