This Policy is Inactive

Disposal of Forest Products and Other Vegetative Resources

IM-AZ-2016-006
Instruction Memorandum
United States Department of the Interior
 
BUREAU OF LAND MANAGEMENT
Arizona State Office
One North Central Avenue, Suite 800
Phoenix, Arizona  85004-4427
 
November 18, 2015
In Reply Refer To:
5400 (9300) P
Supersedes IMAZ-2014-019
 
 
EMS TRANSMISSION 11/19/2015
Instruction Memorandum No. AZ-2016-006
Expires:  9/30/2019
 
To:                  District Managers and Field Managers
   Attention:  Foresters, Botanists, Biologists, and Fuel Specialists
 
From:              State Director
 
Subject:           Disposal of Forest Products and Other Vegetative Resources
 
Program Area:  Forest Management and Botany
 
Purpose:  This Instruction Memorandum (IM) provides direction in five areas concerning the disposal of forest and other vegetative products:  1) Disposal of forest products including minimum appraised prices; 2) Policy guiding Road Maintenance Funds; 3) Policy concerning Free Use; 4) The extension time for cutting and removal; 5) Procedures to be followed when completing forest and vegetative sale contracts.  This direction is intended to bring consistency within the State.
 
Policy/Action:  The individual Land Use Plans may provide additional, restrictive or more specific guidance on forest and other vegetative product disposal directions.  No collection of listed threatened, endangered, or proposed species will be authorized.  See Attachment 1 for Bureau of Land Management (BLM) Arizona Sensitive, Proposed and Listed Plants.
 
1.  The current policy for the sale of vegetative resources is found in 43 CFR 5420.0-6.  This policy states that all timber or other vegetative resources to be sold shall be appraised and in no case shall be sold at less than the appraised value.  The minimum price listed should be considered as the State’s minimum values only and may be adjusted upward when the Authorized Officer justifies an increase.  Appraisal information must be documented in the official case file for the product.
  1. Acceptable Appraisal Methods:
  1. Ten percent of the local market selling price for the product (firewood, posts, poles, nuts, cones, transplants, etc.);
  2. A comparative product sale analysis (Sawtimber or higher valued products); or
  3. A residual value analysis, whereby cost obtaining and transporting the product to the market place are subtracted from the selling price at the market, including profit and risk;
  4. Use the below Minimum Price List.
2.  The following is the policy concerning the collection, deposit, and use of road maintenance funds for forest and other vegetative products disposed of from BLM-administered lands within the State of Arizona.
  1. Collection of Road Maintenance Funds
  1. Road maintenance funds may be collected for all vegetative products sold.  The minimum road maintenance fee collected is 20 percent of the total product value (rounded to the closet dollar).  Examples:  A two cord firewood contract sold at $5 per cord would have $2 deposited into the road maintenance account; a $3 Christmas tree tag would have $1 deposited into the road maintenance account.  Road maintenance funds are in addition to the product value (i.e., a $10 firewood contract with a $2 road maintenance charge equals a $12 total contract value).
  1. Deposits of Road Maintenance Funds
  1. Road maintenance funds are to be deposited into the L91200000 road maintenance fee account.  Those funds deposited come back to the office that deposited the funds minus a surcharge to manage the account.
  1. Use of Road Maintenance Funds (L91200000)
  1. The functional area L91200000 funds are derived primarily from the sale of forest/vegetative products, and are only to be used for the repair or maintenance of roads that service forest/vegetative product harvest areas.
  1. The L91200000 road maintenance functional area is to be managed by the State Forestry Program Lead in coordination with the Division of Financial Management.
  1. The State Forestry Program Lead will annually prioritize any forest products access roads requiring maintenance and provide the list to the appropriate management staff in a timely manner.

3.  The following is the policy concerning Free Use for forest and other vegetative products disposed of from BLM-administered lands within the State of Arizona.

  1. The objective of the Free Use and Non-Sale Disposal authorities is to provide reasonable quantities of timber and other vegetative resources free of charge to qualified individuals, nonprofit associations or corporation, and Federal, State and local Government agencies, when it can be demonstrated that such disposal will also benefit management of the public lands.
  2. A Free Use Permit will not be granted to an applicant who owns or controls land with an adequate supply of timber or materials to meet his needs (43 CFR 5511.3-2.(b)).
  3. In special circumstances, where it serves the interest of the Government, and where several attempts have been made to dispose of forest and other vegetal products at minimum value, Free Use Permits may be granted to the general public.  In this situation, written documentation will be approved by the District Manager and attached to the file copy of the Free Use Permit and included in the project folder.
  4. The only form authorized for issuing Free Use Permits is BLM Form 5510-1, Free Use Application and Permit.
  5. Free Use Permits issued to governmental units have no dollar limit per calendar year, but the vegetative materials must be used for public projects.
  6. Free Use Permits issued to nonprofit organizations have a dollar limit of $100 worth of vegetative material during any one calendar year.
  7. The time limit or expiration time for any Free Use Permit may not exceed six (6) months from the effective date of the permit.
  8. Under no circumstances will the products under a Free Use Permit be sold or bartered.
4.  The following procedures are to be used when completing contracts for vegetative sales.
  1. Reporting Procedures
    There are now several systems for reporting forest product sales. The Timber Sale Information System for timber sales, Stewardship Contracting Information Database for stewardship contracts, Special Forest Products (SFP) for SFP and Trespass for reporting timber trespasses.
  1. Offices will utilize the SFP database to report all disposals of forest products and other vegetative resources, using forms:
Form 5450-1:Contact for Cash Sale of Vegetative Products
Form 5450-5:Vegetative or Mineral Negotiated Cash Sale Contract
Form 5450 10a,b,c:Christmas Tree Tag
Form 5450-24:Forest Product Removal Permit and Cash Sale receipt
Form 5510-1:Free Use Permit
  1. The data entry is reported in SFP (Attachment 2).  After the permit is filled out, data entry in SFP is required.  Use the request access button on the Forest Resource Information System (FRIS) Launchpad to request access to the SFP application or contact Lisa Thornley, State Forestry Program Lead.  The FRIS Launchpad has a training video for using the SFP database.  When using Form 5450-24, the permit can be printed directly from the database.
  1. See Attachment 3, Procedures for Permitting the Sale of Special Forest Products, for recommended procedures to be used when completing contracts for forest or vegetative sales. 
Timeframe:  Effective immediately.
 
Budget Impact:  None expected, however; this should assist the Field and District Offices in becoming more efficient when issuing permits and contracts with the established procedures. 
 
Background:  There is no recent guidance for the State of Arizona concerning the sales of forest products and other vegetative resources.  Updated direction is necessary in order to provide for a statewide standardized program.
 
Directives Affected:  None.
 
Coordination:  This IM was coordinated with the Arizona State Office and WO220.
 
Contact:  Questions pertaining to the sale of vegetative products should be directed to Lisa Thornley, State Forestry Program Lead, at 602-417-9242 or email lthornley@blm.gov.
 
SIGNED BY:
Deborah K. Rawhouser
for State Director
 
AUTHENTICATED BY:
Susan Williams
Staff Assistant
 
3 Attachments:
1 - Federal Status Listed Plant Species for Arizona (2 pp)
2 - Accounting Information and Special Forest Products Reporting Requirements (2 pp)
3 - Procedures for Permitting the Sale of Special Forest Products (4 pp)
4 - Arizona Forest/Vegetative Products Minimum Price List (2 pp)