---
kind: "section"
citation: "42 U.S.C. § 5188"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5188"
heading: "Timber sale contracts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5188"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter IV — Major Disaster Assistance Programs"
---

# §5188. Timber sale contracts

- (a) **Cost-sharing arrangement—** Where an existing timber sale contract between the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture or the [Secretary](/usc/42/242q–4.md?p=2) of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of [construction](/usc/42/300s–3.md?p=7) of any section of specified road or of any other specified development facility and, as a result of a [major disaster](/usc/42/5122.md?p=2), a major physical change results in additional [construction](/usc/42/300s–3.md?p=7) work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate [Secretary](/usc/42/242q–4.md?p=2), (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased [construction](/usc/42/300s–3.md?p=7) cost shall be borne by the [United States](/usc/42/5122.md?p=3).
- (b) **Cancellation of authority—** If the appropriate [Secretary](/usc/42/242q–4.md?p=2) determines that damages are so great that restoration, reconstruction, or [construction](/usc/42/300s–3.md?p=7) is not practical under the cost-sharing arrangement authorized by [subsection (a)](#a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein.
- (c) **Public notice of sale—** The [Secretary](/usc/42/242q–4.md?p=2) of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476[^1] of title 16, in connection with the sale of timber from national forests, whenever the [Secretary](/usc/42/242q–4.md?p=2) determines that (1) the sale of such timber will assist in the [construction](/usc/42/300s–3.md?p=7) of any area of a [State](/usc/42/5122.md?p=4) damaged by a [major disaster](/usc/42/5122.md?p=2), (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such [major disaster](/usc/42/5122.md?p=2) or to protect undamaged timber.
- (d) **State grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber—** The President, when he determines it to be in the public interest, is authorized to make grants to any [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) for the purpose of removing from privately owned lands timber damaged as a result of a [major disaster](/usc/42/5122.md?p=2), and such [State](/usc/42/5122.md?p=4) or [local government](/usc/42/5122.md?p=8) is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 93–288, title IV, § 421, formerly § 418, May 22, 1974, 88 Stat. 158; renumbered § 421, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)

## Notes

### Editorial Notes

### References in Text

Section 476 of title 16, referred to in subsec. (c), was repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958.