Timber Sale Contraet Clauses. 179 



$19 for yellow pine, $20 for sugar pine, $15 for red and white fir, and 

 $15 for incense cedar. 



(b') The Forester shall ascertain the average mill run lumber prices 

 prevailing for the various species above specified, f. o- b. cars, at the 

 mills operating in the territory above defined during the years ending 

 December 31st, 1918, 1923, 1928, and 1933, respectively. 



(c') If the average price of any species, prevailing during any one of 

 said years specified in (b) shows an increase over the price of the same 

 species agreed upon as prevailing at the date of execution hereof, of $2 

 per M feet board measure, or less, no increase shall be made in the 

 stumpage rate for such species as fixed on the following April ist. If 

 the increase in the average price of any species is greater than $2 per 

 M feet board measure, not more than 75 per cent, of the amount of such 

 increase in excess of $2 may, in the discretion of the Forester, be added 

 to the stumpage rate for such species aj fixed on the following April ist. 



(d') If in the territory above defined during the life of this agreement 

 certain of the material cut from any of the species included in this sale 

 is manufactured into or sold for other products than lumber, the market 

 value of such products and the proportion of the total cut of the species 

 so used; in the territory above defined during the calendar year pre- 

 ceding the next readjustment date, shall be considered by the Forester, 

 upon an equitable basis comparable to the thousand board feet of manu- 

 factured lumber, in determining the average mill run price of the species 

 as above specified; Provided, that the Forester may at any time, upon 

 application from the purchaser establish a special rate for material other 

 than saw timber which the purchaser elects to remove for sale, which 

 rate shall be equitable in accordance with the current market value of 

 such material. 



It is further agreed that the Forester will, upon written application 

 from the purchaser setting forth good and sufficient reasons therefor, 

 and showing the existence of a serious emergency arising from changes 

 in market conditions since the last re-adjustment of stumpage rates, 

 either : 



(i) Redetermine and establish the stumpage rates and designate a 

 date when the rates as redetermined shall be effective, which date shall 

 be within six months of the date of application, or (2) grant an exten- 

 sion of time wathin which the respective amounts of timber specified here- 

 after in clause shall be removed, at his option, when action of either 

 character is necessary in his judgment to relieve the purchaser from 

 hardship ; provided, that in all cases the stumpage rates as readjusted 

 upon application to the Forester shall be determined in accordance with 

 the methods and under the terms above set forth ; and provided further, 

 that the stumpage rates so determined upon application of the purchaser 

 shall apply only during the remainder of the five year period, terminating 

 upon one of the respective dates above specified when the stumpage rates 

 shall be regularly redetermined and established. 



It is further agreed that in no event will the stumpage rates as es- 

 tablished upon any of the respective dates above named or upon the 

 application of the purchaser be less than those specified herein to be paid 

 for timber cut prior to April ist, 1919. 



It is further agreed that in making any readjustment of stumpage 

 prices the Forester may require such modification in the clauses numbered 

 in this agreement as are necessary in his judgment to protect the interests 

 of the United States ; provided, that such modification shall be limited 

 to requirements contained in current timber sale contracts executed by 

 purchasers and approved by officers of the Forest Service prior to the 

 date of such readjustment; and provided also, that any additional operat- 

 ing costs entailed by such modifications, as ascertained by the Forester, 

 shall be deducted from the readjustment stumpage price. 



