36 C.F.R. § 223.63
Advertised rates
Timber shall be advertised for sale at its appraised value. The road construction cost used to develop appraised value means the total estimated cost of constructing all permanent roads specified in the timber sale contract, estimated as if construction is to be accomplished by the timber purchaser. The advertised rates shall be not less than minimum stumpage rates, except that sales of insect-infested, diseased, dead, or distressed timber may be sold at less than minimum rates when harvest of such timber is necessary to protect or improve the forest or prevent waste of usable wood fiber.
Notes of Decisions
Cited in 1
case, 1992–1992 · leading case: Roseburg Lumber Co. v. Edward R. Madigan, Sec'y of Agric., 978 F.2d 660 (Fed. Cir. 1992).
Roseburg Lumber Co. v. Edward R. Madigan, Sec'y of Agric., 978 F.2d 660 (Fed. Cir. 1992). “See 36 C.F.R. § 223.63 (1991). It is undisputed that due to computational errors, the Forest Service published inflated MABR figures in the supporting documents for the Corral Timber Sale.”
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