
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5188]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5188. Timber sale contracts


(a) Cost-sharing arrangement

    Where an existing timber sale contract between the Secretary of 
Agriculture or the Secretary 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 of any section of 
specified road or of any other specified development facility and, as a 
result of a major disaster, a major physical change results in 
additional construction work in connection with such road or facility by 
such purchaser with an estimated cost, as determined by the appropriate 
Secretary, (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 cost shall be 
borne by the United States.

(b) Cancellation of authority

    If the appropriate Secretary determines that damages are so great 
that restoration, reconstruction, or construction is not practical under 
the cost-sharing arrangement authorized by subsection (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 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 determines that (1) the sale of such 
timber will assist in the construction of any area of a State damaged by 
a major disaster, (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 or to protect 
undamaged timber.
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    \1\ See References in Text note below.
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(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 or local government for the 
purpose of removing from privately owned lands timber damaged as a 
result of a major disaster, and such State or local government 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.

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

                       References in Text

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 (c), was repealed by 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