Section ENV.02.23 — Tribal Timber Sale Bid Policy

(a) Purpose. The purpose of this policy is to refine the bidding process for sales of forest products by the Tribe and the BIA. The intent of this Policy is to facilitate the Tribe in obtaining the best possible timber sales, consistent with federal law, while encouraging Tribal loggers to participate in the bidding process in a meaningful manner.

(b) Coverage and Scope.

(1) This Policy applies to the open market sale of standing timber and the tribal forest enterprise sale of standing timber (except for emergency and small lot tribal forest enterprise sales).

(2) Certain federal laws, including 25 C.F.R. part 163, or other contracts and grants may supersede or contain provisions that are inconsistent with this Policy. If the federal law/contract/grant provisions are mandatory, those provisions of the contract/grant contract shall control, and the remaining portions of this Policy shall be adhered to.

(3) If the Tribal Council has approved a tribal forest enterprise sale of standing timber, then the Tribe reserves the right to have the BIA negotiate the tribal timber sale directly with the Tribe at stumpage rates as per 25 C.F.R. 163.13(c).

(4) This Policy does not apply to change orders or change directives, which are added work or services within the general scope of an on-going project.

(5) This Policy does not prohibit the Tribe retracting any invitation for bids.

(c) Approved Loggers List.

(1) The Tribe will establish a list of Approved Loggers that is reviewed and updated on a regular basis.

(A) The Committee shall assess whether loggers should be included on the list and forward their recommendations to the Tribal Council for approval.

(B) The criteria for determining Approved Loggers include the ability to obtain and maintain comprehensive and worker's compensation insurance, ability to obtain and maintain bonding, experience, reliability, previous references, background/portfolio of the enterprise, technical ability, financial ability, applicable certification and/or licenses, proof of ownership of equipment, tax numbers or other factors the Committee deems important.

(C) If the Committee determines that a Tribal Logger is ineligible to be an Approved Logger, the Tribal Loggers must be notified in writing regarding what the specific deficiencies are and/or what must be corrected to gain or maintain status.

(2) The Tribe reserves the right to remove an enterprise from the Approved Logger's list for non-compliance with Tribal law and/or their contract.

(d) Identification of Timber Sale.

(1) Forestry Staff will identify a suggested management area and prescription for a proposed timber sale based on the Forest Management Plan, best management practices, and operational needs.

(2) The Committee will review the management area and prescription and decide whether to approve the proposed timber sale.

(3) If approved, an invitation to bid on the proposed timber sale will be released.

(e) Selection of Successful Bidder.

(1) Only bidders who are on the Approved Logger List are eligible to be selected as the successful bidder for the timber sale.

(2) Bidders who qualify as a Tribal Logger are provided preference as part of the selection process as described in subsection ENV.02.23 (f).

(3) The Committee will review the bids and recommend the successful bidder for approval by the Tribal Council.

(4) The successful bidder will be required enter into a written contract documenting the terms of the timber sale.

(f) Tribal Logger Preference.

(1) Approved Tribal Loggers. Bidders are considered an Approved Tribal Logger if they can provide evidence that a Stockbridge-Munsee tribal member has at least 51% ownership of the entity placing the bid at the time of bid submission. Proof of tribal membership and business organizing documents showing ownership must be provided in order to establish eligibility for preference.

(2) Approved Tribal Loggers that qualify for preference receive it in the form of a rebate at the successful completion of the timber sale.

(A) Qualifying Bids. The Approved Tribal Logger's submitted bid qualifies for preference when:

(i) The submitted bid at least meets the BIA's or Tribe's minimum bid rates, and

(ii) The submitted bid is within 10% of the highest submitted bid.

(B) Rebate.

(i) The Approved Tribal Logger shall be required to match the highest submitted bid for the timber sale.

(ii) At the successful completion of the sale, the Tribe will rebate the matched amount (with no interest) to the Approved Tribal Logger.

(C) The BIA may require that the Approved Tribal Logger, in writing or fax, affirmatively agree to match the highest submitted bid by 3pm, the next business day.

(3) Preference shall not be adhered to if there are no Approved Tribal Loggers' bids within 10% of the highest bid.

(4) Although this Policy is intended to aid Tribal Loggers in obtaining timber sales contracts, no legal rights or remedies are created by this Policy.

(g) Compliance.

(1) The Forestry Department and Committee are bound by this Tribal Timber Bid Sale Policy and shall fully comply with all terms of this Policy. The Forestry Department and Committee shall not divide projects, or take other actions to avoid being subject to this Policy.

(2) The Tribe's Legal Department shall review all contracts before the Tribe signs the contract.