Timber Sale Contract Clauses. 141 



may in turn delegate authority to supervisors to make sales for specified 

 amounts, which in no instance shall exceed 2,000,000 feet hoard measure. 

 All supervisors may, without special authorization, make sales of timber 

 and cordwood in amounts not exceeding $100 in value in any one sale. 

 The supervisor may authorize subordinate Forest officers to make sales of 

 timber and cordwood in amounts not exceeding $50 itt value in any one 

 sale. 



Reg. S-4. The supervisor may, in his discretion, require that a 

 deposit be made with the proper United States deposi- 

 Deposits. tory before any timber applied for is examined. In 



every case where a supervisor decides to recommend a 

 sale of timber for which advertisement is required by law, he will notify 

 the applicant to forward to the proper United States depository such 

 part of the purchase price as will be sufficient to cover the cost of adver- 

 tising; such deoosit to be applied to the purchase price in case the 

 sale is made to the depositor; to be refunded in case the sale is made to 

 some one other than the depositor ; to be retained in the discretion of 

 the officer approving the sale, if through fault of the depositor, no sale 

 of the timber is made. 



Reg. S-5. No timber shall be cut under any timber sale contract 

 imtil it has been paid for. Refunds may, in the discre- 

 Payments and tion of the Forester or District Forester, be made to 

 refunds. depositors of such sums deposited by them to secure 



the purchase price of forest products as may be found 

 to be in excess of the amounts actually due the United States. Refunds 

 or payments may also be made to the rightful claimants of such sums as 

 may be found to have been erroneously collected for timber or other for- 

 est products sold from lands within, but not a part of, a National Forest. 



Reg. S-6. In any sale the timber may be paid for in one or 

 Instalment more payments, as agreed. In sales of $100 or less 

 payments. the partial payments must not exceed three. 



Reg. S-7. Modifications of contracts for the sale of timber will 



not be allowed except in those cases where the full 



Modification of performance of the contract by the purchaser is 



contracts. rendered inequitable and unjust by some act of the 



United States, or except where the modification is 



sought in respect to the unexecuted' portion of the contract and such 



modification would not be prejudicial to the interests of the United States. 



Modifications, where proper, within the meaning of this regulation, may 



be made by the officer approving the sale, or by his superior ofificer. 



Reg. S-8. No timber will be sold, other than in amounts not ex- 

 ceeding $100 stumpage value, in advance of advertise- 

 Advance cutting ment, except in cases of unusual emergency. All appli- 

 cations for emergency sales of timber will be submitted 

 to the Secretary of Agriculture for approval, with a statement setting 

 forth the reasons for the emergency. When application is made for tim- 

 ber to meet an unusual emergency the Forest officer authorized to make the 

 sale will, when practicable and proper, include in the advertisement of 

 such timber a sufficient quantity of other timber in the same locality and 

 of the same class to satisfy such other bids as may be reasonably antici- 

 pated. After approval by the Secretary, the Forest officer may, in sales 

 not exceeding the amount which such officer is authorized to approve, per- 

 mit the cutting and removal of timber in advance of the award, when the 



