(a) Timber sale contracts and permits may be canceled:
(1) For serious or continued violation of their terms.
(2) Upon application, or with the consent of the purchaser, when such action is of advantage to the United States or not prejudicial to its interests.
(3) Upon application of the purchaser if the value of the timber remaining to be cut is diminished materially because of catastrophic damage caused by forces beyond the control of the purchaser resulting in (i) physical change in the sale area or access to it, or (ii) damage to timber remaining to be cut.
(4) For conviction of violation of criminal statutes or, following final agency or judicial determination, of violation of civil standards, orders, permits, or others regulations for the protection of environmental quality issued by a Federal agency, State agency, or political subdivision thereof, in the conduct of operations thereunder, on National Forest System land, unless compliance with such laws or regulations would preclude performance of other contractual requirements.
(5) Upon determination by the Chief, Forest Service, that operations thereunder would result in serious environmental degradation or resource damage and with reasonable compensation to the purchaser for unrecovered costs incurred under the contract and the difference between the current contract value and the average value of comparable National Forest timber sold during the preceding 6-month period.
(b) Cancellation will be by the Chief, Forest Service. Authority to cancel contracts under paragraph (a)(1) through (4) of this section may be delegated to Regional Foresters for sales within their authorization. All contract cancellations under paragraph (a)(5) of this section shall be by the Chief, Forest Service, whose decision shall be the final agency decision.
[42 FR 28252, June 2, 1977, as amended at 48 FR 23819, May 27, 1983. Redesignated at 49 FR 2761, Jan. 23, 1984]
Notes of Decisions
Reservation Ranch v. United States, 39 Fed. Cl. 696 (Fed. Cl. 1997).
· cites it 13× “Minimum Impact Logging did not agree to settle, and was ultimately awarded compensation calculated pursuant to the larger measure found in Forest Service regulation 36 C.F.R. § 223.116 (a)(5). Section 223.116(a)(5) provides that a timber sale contract may be canceled: Upon…”
Oregon Nat. Resources Council Action v. United States Forest Serv., 445 F. Supp. 2d 1211 (D. Or. 2006).
· cites it 2× “This clause derives from the Forest Service regulation which provides that timber sale contracts may be cancelled upon a determination “that operations thereunder would result in serious environmental degradation or resource damage.”
Seaboard Lumber Co. v. United States, 19 Cl. Ct. 310 (Ct. Cl. 1990).
· cites it 3× “36 CFR 223.116(a)(3). Defendant, after unsuccessfully attempting to bargain in good faith with plaintiff to secure appropriate changes in the contract, had no recourse other than termination.”
Zip-O-Log Mills, Inc., D/B/a, Zip-O Timber Co. v. the United States 0, 113 Fed. Cl. 24 (Fed. Cl. 2013).
· cites it 2× “36 C.F.R. § 223.116 (b) (2009). 5 . For the first time in its response to the Court’s order to complete its search for documents regarding how to implement the August 9, 2006 injunction, Defendant proposed another termination date, August 31, 2007, the date the defendants in…”
Janicki Logging Co. v. United States, 36 Fed. Cl. 338 (Fed. Cl. 1996).
“Prior to the contracting officer issuing a decision on this claim, plaintiff received a letter, purportedly written by the Chief of the Forest Service, which acknowledged that the contracting officer had exceeded his delegated authority and explained that pursuant to 36 C.F.R. §…”
City of Tenakee Springs v. Clough, 915 F.2d 1308 (9th Cir. 1990).
“36 C.F.R. § 223.116 (a)(5) (1989). The Service also has the authority to modify a contract in similar circumstances.”
Seaboard Lumber Co. v. United States, 44 Fed. Cl. 502 (Fed. Cl. 1999).
“3 (“Breach”), and 36 C.F.R. § 223.116 (a)(1) (1986) which independently authorizes termination of contracts for “serious or continued violation of their terms.”
Seneca Sawmill Co. v. United States (Fed. Cl. 2020).
“24(a) under the authority delegated to him pursuant to 36 C.F.R. 223.116(b). Id. at 1172. In a letter to Seneca notifying it of the partial termination, the Acting Director explained the “decision to terminate the sale [was] the result of changes that the Willamette National…”
— 36 C.F.R. § 223.116(a)(3) — 1 case
Seaboard Lumber Co. v. United States, 19 Cl. Ct. 310 (Ct. Cl. 1990).
“36 CFR 223.116(a)(3). Defendant, after unsuccessfully attempting to bargain in good faith with plaintiff to secure appropriate changes in the contract, had no recourse other than termination.”
— 36 C.F.R. § 223.116(a)(5) — 1 case
Reservation Ranch v. United States, 39 Fed. Cl. 696 (Fed. Cl. 1997).
“Minimum Impact Logging did not agree to settle, and was ultimately awarded compensation calculated pursuant to the larger measure found in Forest Service regulation 36 C.F.R. § 223.116 (a)(5). Section 223.116(a)(5) provides that a timber sale contract may be canceled: Upon…”
— 36 C.F.R. § 223.116(b) — 2 cases
Zip-O-Log Mills, Inc., D/B/a, Zip-O Timber Co. v. the United States 0, 113 Fed. Cl. 24 (Fed. Cl. 2013).
“36 C.F.R. § 223.116 (b) (2009). 5 . For the first time in its response to the Court’s order to complete its search for documents regarding how to implement the August 9, 2006 injunction, Defendant proposed another termination date, August 31, 2007, the date the defendants in…”
Seneca Sawmill Co. v. United States (Fed. Cl. 2020).
“24(a) under the authority delegated to him pursuant to 36 C.F.R. 223.116(b). Id. at 1172. In a letter to Seneca notifying it of the partial termination, the Acting Director explained the “decision to terminate the sale [was] the result of changes that the Willamette National…”
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