36 C.F.R. § 223.113
Modification of contracts to prevent environmental damage or to conform to forest plans
Timber sale contract, permits, and other such instruments may be modified to prevent environmental damage or to make them consistent with amendments or revisions of land and resource management plans adopted subsequent to award or issuance of a timber sale contract, permit, or other such instrument. Compensation to the purchaser, if any, for modifications to a contract shall be made in accordance with provisions set forth in the timber sale contract. When determining compensation under a contract, timber payment rates shall be redetermined in accordance with appraisal methods in § 223.60 of this subpart.
Notes of Decisions
Cited in 2
cases, 1990–2006 · leading case: Oregon Nat. Resources Council Action v. United States Forest Serv., 445 F. Supp. 2d 1211 (D. Or. 2006).
Oregon Nat. Resources Council Action v. United States Forest Serv., 445 F. Supp. 2d 1211 (D. Or. 2006). “In this case, the Forest Service has already modified the contracts by reducing the acreage available for logging through the 2004 SEAs. See, e.g., Clark SEA at 12; Straw Devil SEA at 16, AR at 897.”
City of Tenakee Springs v. Clough, 915 F.2d 1308 (9th Cir. 1990). “36 C.F.R. § 223.113 (1989). This particular contract has been amended eleven times in the course of its history, and the Service has not explained why it could not be amended further.”
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