H.R. 3759

To authorize the Secretary of the Interior to grant market-related contract extensions of certain timber contracts between the Secretary of the Interior and timber purchasers, and for other purposes.

Latest

IIB

111th CONGRESS

2d Session

H. R. 3759

IN THE SENATE OF THE UNITED STATES

January 20, 2010

Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To authorize the Secretary of the Interior to grant market-related contract extensions of certain timber contracts between the Secretary of the Interior and timber purchasers, and for other purposes.

1.

Qualifying timber contract options

(a)

Definitions

In this section:

(1)

Qualifying contract

The term qualifying contract means a contract that has not been terminated by the Bureau of Land Management for the sale of timber on lands administered by the Bureau of Land Management that meets all of the following criteria:

(A)

The contract was awarded during the period beginning on January 1, 2005, and ending on December 31, 2008.

(B)

There is unharvested volume remaining for the contract.

(C)

The contract is not a salvage sale.

(D)

The Secretary determined there is not an urgent need to harvest under the contract due to deteriorating timber conditions that developed after the award of the contract.

(2)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of Bureau of Land Management.

(3)

Timber purchaser

The term timber purchaser means the party to the qualifying contract for the sale of timber from lands administered by the Bureau of Land Management.

(b)

Market-related contract extension option

Upon a timber purchaser’s written request, the Secretary may make a one-time modification to the qualifying contract to add 3 years to the contract expiration date if the written request—

(1)

is received by the Secretary not later than 90 days after the date of enactment of this Act; and

(2)

contains a provision releasing the United States from all liability, including further consideration or compensation, resulting from the modification under this subsection of the term of a qualifying contract.

(c)

Reporting

Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report detailing a plan and timeline to promulgate new regulations authorizing the Bureau of Land Management to extend and renegotiate timber contracts due to changes in market conditions.

(d)

Regulations

Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate new regulations authorizing the Bureau of Land Management to extend and renegotiate timber contracts due to changes in market conditions.

(e)

No surrender of claims

This section shall not have the effect of surrendering any claim by the United States against any timber purchaser that arose under a timber sale contract, including a qualifying contract, before the date on which the Secretary adjusts the contract term under subsection (b).

Passed the House of Representatives January 19, 2010.

Lorraine C. Miller,

Clerk.