43 CFR § 5040.5 - How does BLM determine and declare the annual productive capacity?

---
identifier: "/us/cfr/t43/s5040.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 5040.5 - How does BLM determine and declare the annual productive capacity?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "5040.5"
section_name: "How does BLM determine and declare the annual productive capacity?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "FOREST MANAGEMENT (5000)"
part_number: "5040"
part_name: "SUSTAINED-YIELD FOREST UNITS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "43 U.S.C. 1181e; 43 U.S.C. 1740."
regulatory_source: "63 FR 13132, Mar. 18, 1998, unless otherwise noted."
cfr_part: "5040"
---


# 5040.5 How does BLM determine and declare the annual productive capacity?

(a) If BLM has not established sustained-yield forest units under part 5040, then BLM will determine and declare the annual productive capacity by applying the sustained-yield principle to the O. and C. lands, treating them as a single unit.

(b) If BLM has established sustained-yield forest units under part 5040, then BLM will determine and declare the annual productive capacity by applying the sustained-yield principle to each separate forest unit.

(c) If it occurs that BLM has established sustained-yield forest units for less than all of the O. and C. lands, then BLM will determine and declare the annual productive capacity as follows:

(1) BLM will treat sustained-yield forest units as in paragraph (b) of this section; and

(2) BLM will treat any O. and C. lands not located within sustained-yield forest units as a single unit.