12 2 STA T . 1 30 0 PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8(4)PROHIB I T IO N O F TR A N S F E RORRE P RO G RA M MING .—Amountsdep os i ted unde r p a ra g rap h ( 1 ) sha l l not b e sub j e c t to trans f er or reprogramming for w ildfire management or an y other emergency purposes. (d) A CQU ISITION OF L AN D .— T he S ecretary may ac q uire , using funds made a v ailable under subsection (c) or otherwise made avail - able for acquisition, land or an interest in land for N ational F orest System purposes within the boundary of the G reen M ountain National Forest. (e) EX EMPTION FROM C ERTAIN LA W S.—Subtitle I of title 4 0 , U nited States Code, shall not apply to any sale or e x change of National Forest System land under this section. Subti t leE—M i sc ell an e o us Pr o v isions SEC.8401 . QUALIFY I NGT I MB E R C O NTRACT O P TIONS. (a) D EFINITIONS.—In this section
(1) AUTHORI Z ED PRODUCER PRICE INDEX.—The term ‘ ‘authori z ed Producer Price Index ’ ’ includes— (A) the softwood commodity index (code number W PU 0 8 11)
( B ) the hardwood commodity index (code number WPU 081 2 ); (C) the wood chip index (code number PCU 3 21113321113 5 ); and (D) any other subsequent comparable index, as estab- lished by the Bureau of Labor Statistics of the Department of Labor and utilized by the Secretary of Agriculture. (2) Q UA L IF Y ING CONTRACT.—The term ‘‘qualifying contract’’ means a contract for the sale of timber on National Forest System land— (A) that was awarded during the period beginning on J uly 1, 2004, and ending on December 31, 200 6
(B) for which there is unharvested volume remaining; (C) for which, not later than 9 0 days after the date of enactment of this Act, the timber purchaser ma k esa written request to the Secretary for one or more of the options described in subsection (b); (D) that is not a salvage sale; (E) for which the Secretary determines there is not an urgent need to harvest due to deteriorating timber conditions that developed after the award of the contract; and (F) that is not in breach or in default. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) O PTIONS FOR QUALIFYING CONTRACTS.— (1) CANCELLATION OR RATE REDETERMINATION.—Notwith- standing any other provision of law, if the rate at which a qualifying contract would be advertised as of the date of enact- ment of this Act is at least 50 percent less than the sum of the original bid rates for all of the species of timber that are the subject of the qualifying contract, the Secretary may, at the sole discretion of the Secretary— (A) cancel the qualifying contract if the timber pur- chaser— 16USC472anote.
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