---
kind: "section"
citation: "43 C.F.R. § 5040.5"
title: "43"
number: "5040.5"
heading: "How does BLM determine and declare the annual productive capacity?"
url: "https://uscodex.org/cfr/43/5040.5"
---

# §5040.5. How does BLM determine and declare the annual productive capacity?

- (a) If BLM has not established sustained-yield forest units under [part 5040](/cfr/43/part5040.md), then BLM will determine and declare the annual productive capacity by applying the sustained-yield principle to the O. and C. lands, treating them as a single unit.
- (b) If BLM has established sustained-yield forest units under [part 5040](/cfr/43/part5040.md), then BLM will determine and declare the annual productive capacity by applying the sustained-yield principle to each separate forest unit.
- (c) If it occurs that BLM has established sustained-yield forest units for less than all of the O. and C. lands, then BLM will determine and declare the annual productive capacity as follows:
  - (1) BLM will treat sustained-yield forest units as in [paragraph (b)](#b) of this section; and
  - (2) BLM will treat any O. and C. lands not located within sustained-yield forest units as a single unit.

## Notes

### Authority

Authority: 43 U.S.C. 1181e; 43 U.S.C. 1740.

### Source

Source: 63 FR 13132, Mar. 18, 1998, unless otherwise noted.