The U.S. Department of Agriculture's Forest Service is undertaking a purely technical revision to its regulations, formally removing obsolete provisions related to timber purchaser credit on National Forest System lands. This final rule, effective November 5, 2026, officially strikes down sections of 36 CFR Part 223 that governed a program no longer in existence, thereby streamlining federal regulatory text.
The End of Purchaser Credit Authority
Timber purchaser credit was a mechanism by which timber sale purchasers could receive credit against the purchase price of timber for certain work performed, often related to road construction or improvements within National Forest System lands. However, the authority for this practice was explicitly terminated by Congress through the Omnibus Consolidated and Emergency Appropriations Act of 1999. Specifically, Section 329 of Title III of Division A of Public Law 105-277 prohibited the continued use of purchaser credit in new timber sale contracts after April 1, 1999.
Following this legislative mandate, the Forest Service ceased including purchaser credit references in new timber sale contracts and updated its internal directives. Despite these operational changes, certain regulatory references within 36 CFR Part 223 remained in place. These were maintained because purchaser credit authorized under existing contracts prior to the April 1, 1999, cutoff remained valid until those contracts expired. Given that over two decades have passed, all timber contracts subject to this expired authority have long since concluded. As a result, the regulations prescribing the use and administration of purchaser credit are entirely obsolete.
Specific Regulatory Amendments
The final rule targets specific sections within 36 CFR Part 223, which outlines procedures for the sale and disposal of National Forest System timber. The primary action is the removal and reservation of sections 223.42, 223.43, 223.44, 223.45, and 223.62 from subpart B. These sections previously detailed the transfer of credit, limits on transferred credit, road construction credit, protections for Forest Service collections, and relevant definitions.
Additionally, section 223.304, which pertains to the applicability of certain provisions to stewardship end result contracting projects, is being amended. This amendment involves deleting references to the now-removed sections of subpart B and correcting a minor duplication within its paragraphs. Specifically, paragraphs (a)(3) through (a)(5), (a)(7), and (a)(9) of section 223.304 are removed due to referencing the obsolete sections, and paragraph (a)(6) is removed for duplicating paragraph (a)(5). The remaining paragraphs will be renumbered to maintain sequential order.
Administrative Cleanup and Lack of Substantive Impact
This regulatory update represents a routine administrative cleanup. The Forest Service characterizes these amendments as purely technical and clarifying. They do not introduce new policy, change existing operational procedures for timber sales, or impose any new burdens on the public or industry. Because these changes do not formulate new standards, criteria, or guidelines applicable to Forest Service programs, the Agency determined that public notice and opportunity for comment were not required under section 14(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974.
In its review, the Department of Agriculture concluded that this final rule is not a significant regulatory action under Executive Order 12866, nor does it qualify as a major rule under the Congressional Review Act. The rule is also deemed to have no significant environmental impact under the National Environmental Policy Act, no direct effect on small entities under the Regulatory Flexibility Act, and no federalism implications under Executive Order 13132. Furthermore, it requires no consultation with Indian Tribal governments under Executive Order 13175, has no family policymaking implications, poses no risk of taking private property, and will not significantly affect energy supply or distribution. It also aligns with civil justice reform principles and imposes no unfunded mandates.
This final rule reinforces the Forest Service's commitment to maintaining an accurate and up-to-date Code of Federal Regulations, reflecting current statutory requirements and the cessation of defunct programs.
