CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER H—LAND AND WATER (parts 150 to 183) > PART 163—GENERAL FORESTRY REGULATIONS > SUBPART B—Forest Management and Operations (§163.10 to §163.37) > 163.16—Forest product sales without advertisement.

163.16—Forest product sales without advertisement.

(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.