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:
Forest products are to be cut in conjunction with the granting of a right-of-way;
Granting an authorized occupancy;
Tribal forest products are to be purchased by an Indian tribal forest enterprise;
It is impractical to secure competition by formal advertising procedures;
It must be cut to protect the forest from injury; or
Otherwise specifically authorized by law.
The approving officer shall establish a documented record of each negotiated transaction. This will include:
A written determination and finding that the transaction is a type allowing use of negotiation procedures;
The extent of solicitation and competition, or a statement of the facts upon which a finding of impracticability of securing competition is based; and
A statement of the factors on which the award is based, including a determination as to the reasonability of the price accepted.
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