25 CFR § 163.16 - Forest product sales without advertisement.
---
identifier: "/us/cfr/t25/s163.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 163.16 - Forest product sales without advertisement."
title_number: 25
title_name: "Indians"
section_number: "163.16"
section_name: "Forest product sales without advertisement."
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "163"
part_name: "GENERAL FORESTRY REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 2, 5, 9, 13, 406, 407, 413, 415, 466; and 3101-3120."
regulatory_source: "60 FR 52260, Oct. 5, 1995, unless otherwise noted."
cfr_part: "163"
---
# 163.16 Forest product sales without advertisement.
(a) Sales of forest products may be made without advertisement to Indians or non-Indians with the consent of the authorized tribal representatives for tribal forest products or with the consent of the beneficial owners of a majority Indian interest of individually owned Indian land, and the approval of the Secretary when:
(1) Forest products are to be cut in conjunction with the granting of a right-of-way;
(2) Granting an authorized occupancy;
(3) Tribal forest products are to be purchased by an Indian tribal forest enterprise;
(4) It is impractical to secure competition by formal advertising procedures;
(5) It must be cut to protect the forest from injury; or
(6) Otherwise specifically authorized by law.
(b) The approving officer shall establish a documented record of each negotiated transaction. This will include:
(1) A written determination and finding that the transaction is a type allowing use of negotiation procedures;
(2) The extent of solicitation and competition, or a statement of the facts upon which a finding of impracticability of securing competition is based; and
(3) A statement of the factors on which the award is based, including a determination as to the reasonability of the price accepted.