FOREST SERVICE HANDBOOK PORTLAND, OREGON FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK Region 6 Supplement No. 2409.15-90-5 Effective September 7, 1990 POSTING NOTICE. Supplements to this handbook are numbered consecutively. Check the last transmittal received for this title to see that the above supplement number is in sequence. If not, obtain intervening supplement(s) at once from the Information Center. Do not post this supplement until the missing one(s) is received and posted. After posting, place the transmittal at the front of the title and retain until the first transmittal of the next calendar year is received. Document Name Superseded New (Number of Sheets) 90 26 Digest: Chapter 90 - Updates references to National direction. Revises job performance requirements in the area of fire prevention administration. Updates sale administrator's job performance requirements. JOHN F. BUTRUILLE Regional Forester R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 90 Page 2 of 26 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 CHAPTER 90 - WORKING TOOLS 91 - AREAS OF ADMINISTRATIVE RESPONSIBILITY 1. Reviewing Sale Preparation Information Action: Compile and review Environmental Assessment (EA), Logging Feasibility Report, appraisal, prospectus, Total Resource Information (TRI) cards, advertisement, and correspondence in timber sale folder. Standards: Can identify key areas of concern. Consolidate information to be used in conjunction with preoperations meeting and contract administration. Key Components: - Advertisement. - Appraisal. - Environmental Assessment. - Logging feasibility report. - TRI cards. - Correspondence and reports. - Prospectus. - Input data for Timber Sale Statement of Account (Form FS-6500-176, R62430-38). - Multiple use or land management plan. - Timber Sale Contract. - Provide written feedback to preparation, Forest Service Representative (FSR) and other resource specialists on conflicts found in review or on the ground. (Refer to Job Performance Requirements (JPR's) 91, 2 and 91, 3. 2. Reviewing Timber Sale Contracts R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 90 Page 3 of 26 Action: Review contract provisions, sale area and slash disposal maps, road specifications, and key components listed below, and extract critical elements of information. Standards: Can identify special requirements identified in Timber Sale Contract (TSC) to assist in mutual understanding of contractual requirements. Conditions: Given assignment of the Timber Sale Contract, and all pertinent information about the timber sale. Key components: - Executed Timber Sale Contract. - Export requirements. (Historical record and/or request of waiver, and log delivery points). - Scaling Authorization (R6-FS-2400-29). - Sale area map and slash disposal map. - Road rules. - Annual operating schedule. - Plan of operation. - Annual fire plan. - Route of haul with map. - Road maintenance requirements. - Payments. - Prior sale administration records. - Specified road packet. - Oil spill prevention plan. - Specific Conditions (A section) and Special Provisions (C Provisions). - Alternate scale agreement. - Provide feedback to Forest Service Representative of items missing from Timber Sale Contract (including sale area map) that are required by environmental assessment, needed for resource protection or conflicts within contract language. (Refer to JPR's 91, 1 and 91, 3.) R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 4 of 26 3. Documenting and Reporting Resource Problem Areas That May Require Modification and to Assist Future Planning Action: Document changes to harvest activities which may require a supplement or revision to the EA to be consistent with land management objectives. Document harvest activities which may require a revision to the Sale Area Improvement and KV Collection Plan (2400-50) or a modification of the Timber Sale Contract to meet EA and/or Sale Area Improvement and KV Collection Plan. Standards: Record areas and define problem on map, TRI cards, or R6-2430-131 and files in sale folder. Delivers documentation to the Forest Service Representative to implement required action in a timely manner. Conditions: Given timber sale folder, maps, and forms (Refer to JPR 91, 4). Key Components: - Document activities in writing. - Record areas and problems on map or TRI cards. - File in sale folder for permanent record. - Deliver to Forest Service Representative to implement action. - Specialist assistance recognized and requested when needed. - Provide written feedback to preparation personnel. (Refer to JPR's 91, 1 and 91, 2.) 4. Preparing Office and Field Sale Folders Action: Necessary documents dealing with Timber Sale Contract are assembled and filed. Standards: system. Documentation shall be legible, complete, and filed in an orderly Conditions: Given timber sale folder and necessary supplies. Key Components: - Executed Timber Sale Contract and modifications. - Appraisal. - Prospectus. - Advertisement. R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 - Environmental Assessment. 90 Page 5 of 26 - Inspection Reports (R6-2430-131) and correspondence. - Road, fire, oil spill, and operation plans. - R6-FS-2400-29 and specific Alternate Scale Agreement. - Bills for Collection. - Logging Feasibility Report. - TRI cards. - Progress map of sale operations. - Operating schedule. - Haul route map or detailed description of haul route. - Performance and payment bonds. (Optional for field copy). 5. Making Written Agreements Action: Make agreements, collect data, and make recommendations for agreements outside delegated authority. Standards: Agreements shall meet Timber Sale Contract requirements, shall be in writing, signed same day as made by persons representing both parties with delegated authority to make such agreements, be prior to the start of work in the subject area, and with appropriate map revisions. Agreement will be concise, but cover areas of what, why, where, when, how, quantities, qualities, necessary equipment, and needed rehabilitation, if any. Conditions: Given Sale Administrator and Purchaser Representative with delegated authority area of work needing agreement; copy of Timber Sale Contract, Environmental Assessment, and Logging Feasibility Report shall be available. Key Components: - Agreement written and signed at time of agreement. - Environmental Assessment, Timber Sale Contract. - Map of planned activities to be agreed upon. - Distribute copies of agreement according to Forest policy. - Forest Service Manual. R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 90 Page 6 of 26 - Delegation of authority. 6. Safety Action: Prepare a sale specific job hazard analysis and inspect purchaser's operations for unsafe acts or conditions to Forest Service personnel and/or the public. Standards: Comply with job hazard analysis and conduct inspections for contract compliance on a continuing basis with proper documentation. Notification to Forest Service Representative and Purchaser Representative shall be documented on form R6-2430-131 same working day the noncompliance is noted. Guidelines for safe practices are stated in subsection 61.24. Conditions: Timber Sale Contract, and health and safety code. Key Components: - Job hazard analysis developed and reviewed annually. - Documents unsafe acts or conditions to Forest Service personnel and/or the public. - Notify Federal Aviation Administration of hazardous cable operations where cable is 200 feet above tree canopy before start of operations. - State safety orders are applicable to National Forest timber sales. 7. Burning Permits Action: Prepare and approve burning permits required for purchaser's operations where authorized. Standards: Prepare permits for specific activities, listing applicable fire law, conditions, and include pertinent items from the approved burning prescription plan. Conditions: Timber Sale Contract; applicable local, State, and Federal fire laws; forms. Key Components: - Prepare permit for specific burning activity. - List applicable local, State, and Federal fire laws. - List specific conditions of the permit (for example, timing, fuel clearing, required protection, and so forth). R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 - Coordinate with Fire Management. 90 Page 7 of 26 92 - AREAS OF CONTRACT RESPONSIBILITY WHERE SPECIFIC RESULTS ARE EXPECTED 1. Acquiring and Maintaining Advance Deposits and/or Credits Prior to Starting, and During Sale Operations Action: Prepare and submit sale administrator's Account Projections and Remarks cards 2001 and 2002 (on form FS-6500-176). Assure proper application of performance bond, payment bond allocation and/or cash deposits, and earned/transferred purchaser road credits, to adequately cover required advance deposits (B4.221). Standards: Obtain advance deposits and credits to cover the value of 30 to 60 days' production and any billings. Earned/transferred-in effective purchaser road credit shall be considered as cash for advance payments. Payment bond allocation (if available) may be used to cover required advance deposits above available cash and/or effective purchaser road credits. Advance deposits shall be established prior to commencement of purchaser's operations, and adequately maintained during entire sale operations. The timber sale account shall reflect adequate coverage at all times (correct values). Conditions: Operations planned or in progress on timber sale, sale folder, Account Projections, and forms FS-6500-176, R6-2430-38, and Payment Bond-Allocation Worksheet are available. Purchaser's request to transfer purchaser credit and bill for collection. Refer to subsection 42. Key Components: - Advance deposits and credits shall equal the value of 30 to 60 calendar days' projected production, in addition to timber hauled but not paid for. - Only effective purchaser credit (earned or transferred to sale) may be used. - Allocation of payment bond shall cover needed deposits exceeding cash and purchaser credits. - Deposits and credits established prior to starting operations. - Timber sale account shall reflect correct values of actual operations. - Advance deposits may be covered by performance bond to cover timber on the ground under C4.228 on some sales. - Initiate refund of excess cash when requested by purchaser and when credit balance exceeds charges for timber estimated to be cut in 60 days. - Input to TSA, transfers of cash and purchaser credit, and bond allocations may be by resource or financial assistants. R-6 SUPPLEMENT 2409.15-90-5 EFFECTIVE 9/7/90 2. Collection of Payments Not Received 90 Page 8 of 26 Action: Verify payment not received. Notify Forest Service Representative, contact Purchaser Representative for verification of nonpayment. If necessary, prepare letter of suspension to purchaser for Forest Service Representative signature, certified mail, with a copy to surety. Standards: Contact the Supervisor's Office the first working day after payment due date to verify nonpayment. Contact Purchaser Representative to ascertain reason payment was not received and document details on R6-2430-131. When payment is guaranteed by surety bond and payment is not received within 5 working days of the due date, demand for payment shall be made to surety. Conditions: Given Timber Sale Contract, subsection 42.4, FSM, and JPR 92, 1. Key Components: - Payment not received, suspension may be ordered. - Proper notification of breach with or without suspension; (B9.3) Forest Service Manual 2452.5 and subsection 63.3 of this handbook. - Demand and other notices to surety shall be directed to the corporate headquarters of surety as listed on Circular 570 of Department of Treasury. - Billings for interest and administrative charges shall be prepared per C4.4. - Payments are made through lockbox system. 3. Transportation a. Agreeing to Hauling Prior to Completion of Reconstruction or Substantial Completion of New Construction Action: Prepare letter for Contracting Officer (CO) signature to allow hauling prior to the completion of reconstruction or substantial completion of construction. Standards: Written agreement shall be made as required by Timber Sale Contract and JPR 91, 5. In addition, agreement shall cover conditions under which hauling may occur. Conditions: Sale administrator has copy of Timber Sale Contract, and plan and profiles of roads concerned. Operating sale has roads which are not completed as stated in Timber Sale Contract, no damage shall occur to resources, not over 50 percent of timber shall be hauled over new construction, hauling will not be to the disadvantage of the Government. Key Components: R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 9 of 26 - Coordinate with Engineering Representative to verify that no damage shall occur. - Obtain specialist assistance, when needed, to determine if there will be damage to other resource. - Subsection 51.13 will be met. - Reconstruction by purchaser will be completed prior to haul unless hauling is sale, is agreed to by Contracting Officer and not more than 50 percent of unit timber will be removed. - Prepare letter for Contracting Officer and Purchaser Representative signatures. b. Inspecting Purchaser's Road Maintenance Work Action: Inspect purchaser's road maintenance work and document on form R6-2430-131 when assigned road maintenance responsibility. Standards: Work shall be inspected in progress. Documentation for acceptance shall be same working day as inspection for completion of work for a specific road or other measurable area as agreed. Documentation for noncompliance and notification to Forest Service Representative and Purchaser Representative on form R6-2430-131 shall be same working day noncompliance is identified. Work inspected shall meet requirements of Timber Sale Contract provisions C5.4, C5.42, and C5.43, and guidelines of subsection 51.4. Conditions: Handbook. Timber Sale Contract, and Timber Sale Administration Key Components: - Inspection shall be coordinated with Engineering. - Road maintenance may be responsibility of Engineering. - Roads must be sale for public and Forest Service administrative traffic. c. Agreeing to Purchaser Use of Alternate Haul Route Action: Document haul road names, road numbers, termini, rate of MBF per mile. Standards: Agreement shall be by letter of agreement signed by Forest Service Representative and Purchaser Representative. Establishment of new rates requires Contracting Officer approval and contract modification. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 10 of 26 Appraisal worksheet shall be prepared to identify the alternate haul route. This information is transferred to C5.411# - Road Maintenance Deposit Schedule. Conditions: Given Timber Sale Contract, appraisal, C5.411# - Road Maintenance Deposit Schedule, B6.4 Road Maintenance, Timber Sale Administration Handbook, subsection 51.3, and request by purchaser. Key Component: Coordinate with Engineering and District Ranger prior to agreeing to alternate haul. d. Agreeing to Temporary Road Location Action: Document agreement for location and width of temporary road. Standards: Agreement shall be made by Sale Administrator and Purchaser Representative and documented on form R6-2430-131. Agreement shall include location, clearing width and slash treatment; and, compliance shall be as specified in Timber Sale Contract B5.1, C5.1 (Option 1), and C6.74 (Option 1). All location approvals shall fully consider the temporary road restoration requirements of B6.62. Key Components: - Timber Sale Contract B5.1, C5.1 (Option 1), C6.74 (Option 1), and B6.62. - Timber Sale Administration Handbook, subsections 51.7 and 61.42b. - Work will be accepted when restoration meets Timber Sale Contract and agreement. 4. Improvements a. Inspecting Sale Improvements for Damage Action: Document condition of improvement prior to and during sale activities. Standards: Inspections shall be made and documented on a continuing basis while purchaser is performing work adjacent to improvements. Requirements for protection or restoration of improvements shall be as specified under Provision B6.22 and C6.22. Documentation shall be done on form R6-2430-131 and submitted to the Forest Service Representative and Purchaser Representative. Guidelines for protection of improvements are stated in subsection 61.1. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 11 of 26 Conditions: Given Timber Sale Contract, Timber Sale Administration Handbook. Key Components: - Notification of form R6-2430-131 shall be given same working day the damage is noted. Responsibility for restoration of improvements is stated under special provision C6.21 and others of the Timber Sale Contract. - Coordinate with engineering on all road improvements and land survey monuments. - Fences and other livestock improvements may be protected by special provisions. b. Protection of Cultural Resources and Habitat of Endangered Species Action: Document circumstances relating to discover and action taken to protect cultural resources and habitat of rare and endangered species. Standards: Initiate investigation, request specialist input, take immediate action to protect. Initial documentation shall be on form R62430-131. Document and provide additional information, as may be needed, for contract modification, minor adjustments, or cancellation. Conditions: Timber Sale Contract, Environmental Assessment, Timber Sale Administration Handbook, subsection 61.11b, and site or habitat needing protection. Key Components: - Review logging feasibility report. - Review cultural resource and habitat of endangered species identified in Timber Sale Contract. - Investigate sites or habitat found by purchaser. - Investigate sites or habitat found by Forest Service. - Inform Forest Service Representative and Purchaser Representative in writing. - Operations in immediate area may be suspended. - Document mitigating measures. - Obtain specialist input. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 12 of 26 - Prepare necessary Timber Sale Contract modification. 5. Control of Operations a. Inspecting Purchaser's Supervision Action: Inspect purchaser's supervision and document in writing. Standards: Inspections shall be done and documented on a continuing basis while purchaser is performing work on the ground. Forest Service Representative and Purchaser Representative shall be notified on form R6-2430-131 same working day inspection is made. Conditions: Given Timber Administration Handbook. Sale Contract and Timber Sale Key Components: - Purchaser's supervision must be adequate to meet contract requirements. (Refer to subsections 13.11a, 61.2, and 61.21 and 61.22.) - FSM 2451.3. - All work accepted or rejected shall be documented on form R6-2430131 same working day of acceptance. - Job priority list issued to sale administrator by Forest Service Representative. - Work can be accepted on first inspection 90 percent of time. b. Plan of Operation Action: Obtain, review, and recommend approval by the Forest Service Representative, if acceptable. Standards: Plan shall be obtained within 60 days after award of the contract, shall meet Timber Sale Contract requirements, and shall be approved in writing. A revision shall be requested if operations deviate significantly from current plan of operation. Conditions: Purchaser plan of operation received prior to start of operations and within 60 days after award. Key Components: - Obtain copy of plan of operation, preferably on form R6-FS-2400-34. - Review plan for completeness and compliance to Timber Sale Contract. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 13 of 26 - Notify purchaser, in writing, of any changes needed prior to approval. - Review FSH 2409.15, section 61.21. - Approval or rejection shall be in writing by Forest Service Representative within 2 weeks of receipt. c. Obtaining and Reviewing the Purchaser's Annual Operating Schedule Action: Obtain, analyze, and acknowledge receipt of annual operating schedule. Standards: Annual operating schedule shall meet requirements of the Timber Sale Contract and be prepared by the purchaser under B6.31. Conditions: Prior to start of operations on sale area, annually or upon change of operations. Key Components: - Obtain and review annual operating schedule. - Notify purchaser if operating schedule is inadequate or conflicts exist. Refer to section 61.22. - May be completed jointly at a preoperations meeting. - Request revised schedule if operations do not follow plan closely. d. Documentation of Preoperations Meeting Action: Document preoperations meeting with purchaser and operator to indicate agreements. Standards: Preoperations meeting shall be documented and signed by Forest Service Representative, Sale Administrator, and Purchaser Representative as agreement to items are discussed. Conditions: Annual operating schedule on hand, operations ready to start, and preoperations checklist completed, a preoperations meeting is scheduled and agreeable to purchaser; or, as required by the contract. Key Components: - A preoperations meeting checklist shall be prepared listing items needing discussion including special provisions in Timber Sale Contract and Environmental Assessment; interpretations of Timber Sale Contract provisions, plans, and copies of agreements needed prior to start of operations; and, agreements to be made at the meeting. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 14 of 26 - Agree with purchaser on time and date of meeting, plans, and schedules that shall be needed. - Discuss points of special concern in Environmental Assessment and contract. - Discuss interpretation of provisions in Timber Sale Contract to establish meaning as required by Timber Sale Contract and for use in event of claims and/or disputes. - Prepare or obtain copies of fire plan, slash schedule, road maintenance plan, traffic control plan, route of haul, spill prevention plan, and any other plans needed prior to start of operations. Itemize those received or agreed to in minutes of the meeting. - Document discussions and agreements in writing and obtain signatures. - Review FSH 2409.15, subsections 61.21, 61.22, and 61.3. ! - Preoperation meetings for specified roads shall follow the same procedures. 6. Conduct of Logging a. Inspecting Purchaser's Felling and Bucking Operation Action: Inspect purchaser's felling and bucking operation and document in writing. Standards: Work shall be inspected in progress. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 same working day. Work inspected shall meet requirement of Timber Sale Contract provisions B6.41, C6.4 and C6.41, FSH 2409.15, 61.31. Conditions: Timber Sale Contract, Environmental Assessment, Timber Sale Administration Handbook, and tracer marking paint available. Key Components: - All designated timber shall be felled unless agreed to otherwise. - All trees cut are designated in advance of felling. - Timing of felling meets Timber Sale Contract special provision C6.4 where applicable. - Individual trees designated shall be paint marked above and below stump height with blue tracer paint. Leave trees are marked with orange tracer paint. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 15 of 26 - Clearcut boundary changes will be designated on the ground and identified by white tracer paint at ground level on back side of trees. - Test cuts made on unutilized material in accordance with B6.41. - Falling practices - stump heights, breakage, and bucking out of cull material meets contracts specifications. - Felling lead is to approved skid trail locations. - Stage felling is followed to prevent damage to residual stands and breakage. Falling plan is provided by purchaser and followed under C6.4 and C6.41. - Review of timber falling practices video made annually. b. Agreement to Skidding and Yarding Layout Action: Check purchaser's location of proposed skid roads, corridors, and landings, and agree to appropriate location. Standards: Purchaser's designation of skid roads, corridors, and landings locations shall be checked on the ground to ensure that requirements of Timber Sale Contract are met. Agreement must be in writing with sketches of patterns. Conditions: Timber Sale Contract, Environmental Assessment, Timber Sale Administration Handbook, subsection 61.32, and Logging Feasibility Report for each unit and active operations. Key Components: - Review resource objectives in Environmental Assessment, sale preparation notes, and Timber Sale Contract. - Walk purchaser's proposed location on the ground (preferably with Purchaser's Representative) to ensure that location designated meets Timber Sale Contract, Environmental Assessment, and requirements. Generally, 10 percent or less of ground should be disturbed after yarding or skidding. - Check logging feasibility map showing ridges and draws (particularly those areas designated sensitive on sale map) and indicate locations of main skid roads, streamcourse crossings, landings, corridors, and any other important data. - Reach agreement with Purchaser Representative or Field Representative and discuss how landings, skid roads, and stream R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 16 of 26 crossings are to be constructed, maintained, and restored, including erosion control measures on corridors as well as the other items. - Document according to requirements of JPR 91, 5 and include sketches and/or maps of patterns. - After felling, walk area to determine if skid road corridor and landing locations can be changed to the benefit of the resources and/or the purchaser's operations. - If changes are made in location, document in writing. - Review B6.423 and subsections 61.11 and 61.32c herein for skidding on permanent roads. - Agreements are made prior to any felling in the units. c. Inspecting Purchaser's Skidding and Yarding Operations Action: Inspect and document purchaser's skidding and yarding operation. Standards: Work shall be inspected in progress. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 same working day. Work inspected shall meet requirements of Timber Sale Contract and Timber Sale Administration Handbook, subsection 61.32 of this handbook. Conditions: Timber Sale Contract, Environmental Assessment, Timber Sale Administration Handbook, FSM, agreed upon logging pattern, and active operation. Key Components: - Logging methods agreed to or otherwise designated on the ground. Skidding or yarding equipment staying on agreed locations and landings. - Damaged trees designated with tracer paint prior to completion of skidding and yarding operation in the immediate area, and purchaser advised. Undesignated trees are left uncut. - No unnecessary damage occurring. - Equipment and use meets contract and Environmental Assessment objectives. - Changes in skidding and yarding system from Timber Sale Contract requirements shall consider changes in stumpage rates per FSH 2409.15, subsection 33.1. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 17 of 26 d. Inspecting Purchaser's Utilization Action: Timber. Inspect and document purchaser's utilization of Included Standards: Work shall be inspected in progress. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 same working day. Work inspected shall meet requirements of Timber Sale Contract provisions, and guidelines in FSH 2409.15, 61.31 through 61.31c. Conditions: Timber Sale Contract, Environmental Assessment, Timber Sale Administration Handbook, and FSM. Key Components: - High stumps shall be recut and removed or treated as other logging slash. - Merchantable chunks, which could have been attached merchantable logs, shall be removed and presented for scaling. to - Leaving of incidental amounts shall be agreed to (JPR 91, 5 and subsection 42.54a). - Material meeting minimum piece specifications in A2 shall be removed from sale area unless waived. - Scaling is done at location in A14 or approved alternate site. - Wedge cuts are used to allow merchantability inspections. - Economic impractibility relates to timing of removal of other products in the immediate area. 7. Inspecting Purchaser's Streamcourse Protection Measures Action: Inspect and document purchaser's streamcourse protection measures. Standards: Work shall be inspected in progress. Streamside crossings shall be agreed to in advance of operations and designated on the ground. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 same working day. Work inspected shall meet requirements of Timber Sale Contract provisions and guidelines of the Timber Sale Administration Handbook, in subsection 61.41. Conditions: Timber Sale Contract, Environmental Assessment, and Timber Sale Administration Handbook. Key Components: R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 18 of 26 - Slash or other debris which adversely affect the flow of the streamcourse shall be removed within 48 hours after material has entered streamcourse unless waived or excepted by C6.5, C6.53, and/or C6.531 (JPR 91, 5). - Streamcourses to be protected are shown on the sale area map. - Work shall be accepted when Timber Sale Contract requirements are met. - Timber shall be suspended over protected streamcources by use of culverts or bridges. - Soil surrounding culverts and bridges shall be stabilized at natural angle of repose. 8. Inspecting Purchaser's Erosion Prevention and Control Work Action: Inspect and document purchaser's erosion prevention and control work. Complete on-the-ground designation when required. Standards: Erosion control, seeding, construction, and maintenance of cross ditches shall meet Timber Sale Contract and FSH 2409.15, subsection 61.42 requirements. Operations shall not cause excessive soil damage as specified in the Timber Sale Contract and Timber Sale Administration Handbook, subsection 61.42. Work shall be inspected in progress. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 same working day of acceptance or rejection. Conditions: Timber Sale Contract, Environmental Assessment, and Timber Sale Administration Handbook. Key Components: - Erosion control work designated on the ground and purchaser notified. - Completion of purchaser's work shall be within time limit specified or as agreed in writing. - Work will be accepted when it meets Timber Sale Contract requirements. - Oral suspension must follow JPR 92, 13. - Erosion control work may be designated by Purchaser or Field Representative upon agreement in writing to standards of location and construction. - Review FSM 2520, R-6 Supplement on soil disturbance. 9. Inspecting Purchaser's Slash Disposal Work Action: Inspect and document purchaser's slash disposal work. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 19 of 26 Standards: Work shall be inspected in progress. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R62430-131 same working day. Work inspected shall meet requirements of Timber Sale Contract provisions and guidelines of subsection 61.5, and the Environmental Assessment. Conditions: Timber Sale Contract, Environmental Assessment, and Timber Sale Administration Handbook, subsection 61.5. Slash treatment in progress. Key Components: - Work shall be completed within time limits specified in B6.7 and in accordance with the detailed slash disposal plans and specifications, unless agreed otherwise in writing. - Coordinate with Fire Management in inspections. - Substitute methods and/or measures shall be agreed to with changes made where appropriate (JPR 91, 5). - Work will be accepted when Timber Sale Contract requirements are met. - Charges for waived work shall be identified prior to start of operations in the unit. 10. Scaling a. Obtain an Approved Scaling Authorization. Action: Prepare an accurate Scaling Authorization form (R6-FS-240029) and Alternate Scaling Site Agreement. Standards: Scaling Authorization (R6-FS-2400-29) shall be completed and received by scaler prior to products being removed from the sale. Timber Sale Contract requirements shall be met. Alternate Scale Site Agreement shall be executed prior to authorizing scaling at that site. Conditions: Both shall be used to show final approved scaling locations and shall be signed by the Forest Service Representative following items below. Key Components: - Review Timber Sale Contract, Forest Service Manual and Regional Forester's Long Term Theft Prevention Plan for requirements. - Inspect proposed scaling location to meet accountability. - Discuss details of proposed agreement with Forest check scaler. - Update route of haul as required in C6.84 or C6.841. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 20 of 26 - Contracting Officer shall approve all requests for scaling locations outside the Forest scaling zone. - Contracting Officer shall approve request for previously, unapproved alternate locations within the Forest scaling zone. - Forest Service Representative may approve alternate locations within the Forest scaling zone when authorized in Forest Supplement to FSM 2440 or FSH 2409.15, subsection 13.1 and by specific written agreement. - Alternate Scale Agreement shall be executed before the Scaling Authorization is approved. - Changes in scaling locations shall not be made until the R6-FS-240029 is revised and received by scaler. b. Inspecting Purchaser's Log Accountability Action: Inspect and document purchaser's log accountability. Standards: Inspections shall be done on a continuing basis while purchaser is performing work on the ground. Notification to Forest Service Representative and Purchaser Representative shall be documented on form R6-2430-131 and accountability forms same working day. Log accountability shall meet requirements stated in subsections 16,27, and 61.64, FSM 2443, Forest Supplements, and JPR's 92, 6a; 92, 6c; and 92, 10a. Conditions: Timber Sale Contract, Forest Service Manual and Forest Service Handbook; Yard Scaling Agreement and Alternate Scaling Agreement. Key Components: - All logs must be branded and painted as required by the Timber Sale Contract, unless waived by the Contracting Officer. - All products shall be accounted and paid for. - Charge for missing products as required by the Timber Sale Contract. - Check unit boundaries for evidence of changes and mark with white tracer paint. - Check stumps to be sure only designated timber is cut. - Refer to section 16 for sale trespass actions. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 21 of 26 - Truck inspections shall be made as often as necessary to insure compliance, at a location other than the landing and shall be unannounced. Inspections shall be documented on forms R6-2440-82 and/or R6-2430-131 (JPR 91, 5; 92, 10; and 92, 10c). - Test paint in each unit for tracer element. - Review Regional Forester's Short and Long Term Theft Prevention Plans. - Refer suspicious circumstances to Law Enforcement as required by subsection 16 and FSM 2450.3. c. Accountability of Product Removal Permits Action: Insure that purchaser maintains accountability of Product Removal Permits. Initiate action for lost or missing permits. Standards: Document the procedure for issuance/return of permit books and obtain purchaser's signature for books issued. Obtain written explanation for missing permits or books. Advise Forest Service Representative and pursue compensation as directed for lost permits or books. Conditions: Timber Sale Contract, subsection 27.12 of this handbook, purchaser operations, load permits, forms. Key Components: - Assure system meets the minimum Region 6 requirements in subsection 27.12 and Timber Sale Contract. - Account for permits by serial number. - Document procedure for issuance and return of permit books. - Provide instruction for first issue of permit books and issuing additional books as used books are returned. - Obtain purchaser's signature for permit books issued. - Purchaser has individual assigned to issue permits per C6.84 at the landing. Drivers do not issue their own permits. - Obtain purchaser documentation explaining the loss of individual permits or entire books. - Advise Forest Service Representative and law enforcement of lost permits or books, and pursue compensation as directed. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 22 of 26 - Assure that permits are returned during periods of 30 days or more inactivity and documented on R6-2430-131. - Truck drivers sign properly completed permits prior to leaving landing. - Inspections shall be made as often as necessary to assure compliance and shall include inspection of permit stubs. - Check for reused permits. Refer to subsection 16.3 for indicators of reuse or theft. d. Log Export Control Requirements Action: Obtain log delivery points as specified in Timber Sale Contract provision C8.641/C8.642#. Obtain documentation and certification forms for timber export restrictions as specified in Timber Sale Contract. Standards: Log delivery point forms shall be received and verified prior to beginning of sale operation. Prior to start of operations, ascertain that export reporting forms have been received by Supervisor's Office. Assure agreement between purchaser and buyer is on file within 10 days of agreement. Old contracts: Assure that certification of disposition of timber volume is on file prior to closing a contract. Assure certified report is filed currently, and that activity reported is within contract requirements. Notify Forest Service Representative of any discrepancy on form R6-2430-131. Conditions: Timber Sale Contract, subsection 29.2, FSM 2450.3, 2455, and 36 CFR 223.162. Key Components: - C8.641/C8.642#, Use of Timber. - FS-2400-44, Export of Private Timber. - FS-2400-45, Purchaser(s) of National Forest System Timber. - FS-2400-46, Purchaser Processed and Exported. Certification of Timber Domestically - R6-2430-61, Option 3, Domestic Processing of Included Timber agreement. - Notify Forest Service Representative and law enforcement of discrepancy. 11. Fire Precautions and Control R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 23 of 26 a. Accept Fire Plan Action: Review and accept fire plan. Standards: Fire plan shall meet Timber Sale Contract requirements. Conditions: Fire plan shall be accepted prior to operations in fire precautionary (closed) period. Key Components: - Review purchaser's fire plan to meet Timber Sale Contract requirements. Plan must indicate prevention measures to be taken. - Accept fire plan when it meets Timber Sale Contract. - Involve Fire Management in fire plan review. - Provide Fire Management copies as needed. - Sign up fire fighting equipment for Forest Service use. b. Inspecting Purchaser's Fire Precautionary Measures Action: Inspect and document purchaser's fire precautionary measures. Standards: Equipment and precautions shall be inspected in progress to assure purchaser's certification is correct. Inspections shall be made during fire precautionary (closed) season. Notification to Purchaser Representative and Forest Service Representative shall be documented on form R6-2430-131 or R6-5110-16 same working day. Precautionary measures inspected shall meet requirements of Timber Sale Contract and Timber Sale Administration Handbook, section 62. Conditions: Timber Sale Contract, Forest Service Manual, Timber Sale Administration Handbook, section 62, Spark Arrester Guide, and operating timber sale. Key Components: - Purchaser shall provide certification that prevention equipment and measures have been inspected and meet contract requirements. - Fire inspections shall be documented and conducted as needed to assure purchaser's supervision is adequate to meet contract requirements, including certification of compliance. - More frequent inspections will be necessary during periods of high or extreme fire danger. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 24 of 26 - Fire Management should be included in fire inspections. - Prevention equipment and measures and purchaser's certification that do not meet contract requirements shall be a breach of contract. Surety shall be notified. Refer to subsection 63.3 and JPR 92, 13. - Waive fire equipment and prevention measures, if not needed, by person with authority. 12. Other Conditions a. Preparing Modifications Action: Prepare contract modifications for appropriate signatures. Standards: Modifications shall be confined to those specified in FSM 2453.2 and FSH 2409.15, section 33. All recommendations for contract modification shall be in writing to Forest Service Representative or Contracting Officer and shall include a completed form for modification (either 2400-9, 10, or 11). Conditions: Contract to be modified at time of rate redetermination, upon changed conditions and for catastrophe, and there is a need to modify. Sale Administrator has copy of Timber Sale Contract, FSM 2453.2 and section 33. Key Components: - Review Timber Sale Contract, Forest Service Handbook 2409.15, Section 33, and FSM 2453.2 for requirements of modifications. - Inspect the changed conditions or catastrophic damages on the ground to make recommendations to Forest Service Representative and Contracting Officer. - Obtain specialist help if needed. - Discuss possible changes with Purchaser Representative and obtain agreement to modification. - Prepare modification or written agreement with rate changes as required by Timber Sale Contract. - After modifications or agreement is consummated, initiate action to change timber sale account, data input and verify that it is correct. b. Preparing Rate Redetermination Action: Prepare rate redetermination and submit to Forest Service Representative. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 25 of 26 Standards: Meet requirements of the Timber Sale Contract and contract term extension policies when logging will not be completed by termination date and purchaser requests extension in writing or meets requirements for rate redetermination under Timber Sale Contract A7. Conditions: Timber Sale Contract, Environmental Assessment, Forest Service Manual 2421.1, Timber Sale Appraisal Report, request from purchaser, and modification of contract form 2400-9, 10, or 11. Key Components: - Purchaser formally requests contract term extension or emergency rate redetermination in a timely manner. - Sale has scheduled rate redetermination. c. Contract Term Adjustment Action: Prepare documentation of circumstances affecting possible contract term adjustment. Standards: Document on R6-2430-131 all delays and interruptions to purchaser's scheduled operations as listed in the Timber Sale Contract. Upon request of purchaser for contract term adjustment, prepare recommendation for Forest Service Representative's signature and forward to Contracting Officer for determination of approval. Prepare documentation for Contracting Officer approval for permission to delay performance beyond termination date. Conditions: Timber Sale Contract, Forest Service Manual 2453.11, section 31 of this handbook, operation plans, schedules, forms, purchaser's request, annual operating schedule, and documented circumstances. Key Components: - Review normal operating season and annual operating schedule. - Document actual start and stop dates of purchaser's operations. - Document delays beyond purchaser control and periods of breakdown. - Document interruptions beyond purchaser control. - Document causes affecting disposition or processing of included timber. - Document delays or interruptions in purchaser's operations at request of Forest Service. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 26 of 26 - Prepare and file documentation required for delayed performance beyond termination date (for example, scaling, slash disposal, or removal of improvements). - Purchaser can not remove timber past termination date. - Purchaser's timely request for contract term adjustments. d. Agreeing to Minor Adjustments in Volume and Boundaries Within Sale Area Action: Recommend to Forest Service Representative the need for changes in subdivision boundaries and adjustments in volume, and prepare agreement. Standards: When making minor adjustments, the unit must be checked on the ground and differences between prescription and ground conditions coordinated through specialists prior to making changes. Trees inadvertently missed during preparation stages may be included without silviculturist input. The change shall be agreed to in writing prior to adjustment. Conditions: Sale has timber that should be deleted or added to be consistent with the prescription and Environmental Assessment inside the sale area boundary and inside or adjacent to units to be cut. Sale Administrator has Timber Sale Contract, Environmental Assessment, Silvicultural Prescription for units, preparation notes, and Forest Service Handbook. Key Components: - Review Timber Sale Contract, Environmental Assessment, preparation notes, Silvicultural Prescription, and/or Forest Service Manual and Handbook, for direction in making minor changes in volume or boundaries. - Check area on the ground to determine if ground conditions meet Silvicultural Prescription and/or Environmental Assessment. - Obtain purchaser's signature along with person authorized to make agreement. - Initiate action to bill purchaser for advance deposits if needed. - Designate timber to be included and delete timber to be left. Must be inside sale area boundary. 13. Documenting Breach Action: Document breach and submit notification to Forest Service Representative. R-6 SUPPLEMENT 2409.15-90-5 90 EFFECTIVE 9/7/90 Page 27 of 26 Standards: Breach documented on formal letter signed by Forest Service Representative. Letter must contain reasons for the breach action, contract provision(s) in breach, remedy, and timing for remedy. Letter shall also specify conditions of suspensions, if any. Letter shall be sent certified mail, with a return receipt requested with a copy to surety. Breach action shall follow guidelines in section 63.3 and Forest Service Manual 2452.5. Conditions: Timber Sale Contract, Timber Sale Administration Handbook, and breach of contract by the purchaser. Key Components: - A significant action or inaction by the purchaser exists which is in violation of a specific Timber Sale Contract provision(s), and requires some form of remedy. - When an immediate threat to life or a threat of immediate and irreparable damage to National Forest resources exists, an oral suspension by the Sale Administrator shall be documented on R6-2430-131 and given to the Purchaser Representative, operator, or purchaser's employee(s), and Forest Service Representative. - Prepare letter for Forest Service Representative's signature. - Suspensions will be reviewed by Forest Supervisor/Contracting Officer. - Prepare letter for lifting suspension when breach is remedied. - When dispute exists as to breach, request Forest Service Representative and Purchaser Representative meeting on the ground. Review Timber Sale Contract B9.2 and C9.2. - Send copy of breach letter and remedy letter to surety.