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1 1 (April 27, 2020)

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Forest Service Announces Timber Sale

Contract Relief



April 27, 2020

On April 15, 2020, the Forest Service (FS) announced options for timber purchasers to extend the terms
of their contract to harvest timber from the National Forest System (NFS). (Rcad the ahnn~uceme  r.)
The FS, within the Department of Agriculture (USDA), sells timber to willing buyers in the private sector
(timber purchasers) pursuant to specified contract terms. Although timber sales generally must be
completed in a set amount of time, the FS may extend that time if it finds a substantial overriding public
interest (referred to as a SOPIfinding) in doing so. The SOPI finding articulated in the announcement is
in response to global timber market impacts from the coronavirus (COVID-19) pandemic, ongoing trade
disputes, and other factors. The FS contends that these flexibilities will prevent adverse impacts to timber
markets and rural communities.


Forest Service Timber Contract Relief

The FS sells forest products from NFS lands to willing buyers (this product will refer to the most popular
forest product, timber) pursuant to a contract between the timber purchaser and the FS. Each contract
formalizes the terms of a timber harvest, such as what timber is to be cut, the methods for harvesting the
timber, the length of time to complete the harvest, and other provisions. By law, conitracts may be ip to I 0
years in hength, but they are often shorter, generally around 2-3 years. Multiyear contracts allow timber
purchasers sufficient time to build necessary roads and prepare harvest sites, as well as some limited
flexibility to respond to weather conditions and market fluctuations. Timber market conditions over the
period of the contract can substantially affect purchasers' ability to profitably harvest timber-for
example, if timber prices decrease. According to the FS, adverse timber market conditions can lead to
contract defaults, mill closures, bankruptcies, job losses, and other short- and long-term impacts to timber
markets and rural communities. These conditions also could result in reduced timber revenues and
increased contract default enforcement costs to the federal government.
The USDA has the authority to modify timber contracts to provide relief to purchasers if adverse timber
market conditions develop. The Secretary of Agriculture (Secretary) may extend tIhe leigth of timber sale
comtracts if the Secretary finds that a substantial overriding public interest (SOPI finding) justifies the
extension. In addition, if specific advecrse wood products rnarket conditions develop, this constitutes an
automatic SOPI finding. FS regulations define these conditions as a specified porcoatage dccrcase ovcr
                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11364

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