---
kind: "section"
citation: "25 C.F.R. § 163.16"
title: "25"
number: "163.16"
heading: "Forest product sales without advertisement."
url: "https://uscodex.org/cfr/25/163.16"
---

# §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.

## Notes

### Authority

Authority: 25 U.S.C. 2, 5, 9, 13, 406, 407, 413, 415, 466; and 3101-3120.

### Source

Source: 60 FR 52260, Oct. 5, 1995, unless otherwise noted.