What is the role of the federal government in determining safe felling procedures in the sale of federal timber?

The Government stated at oral argument that government policy was involved because the primary purpose of the timber sale program is the production of revenue and the contracting agent must balance economic concerns against the need for additional safety. We rejected a similar argument in Routh v. United States, 941 F.2d 853, 856 (9th Cir.1991). A determination that certain trees are or are not situated so as to require additional precautions during their felling does not involve the weighing and balancing of the social, economic, and political policies underlying the broad regulatory scheme that governs the sale of federal timber. It would cost the Government little to discuss safe felling procedures with the purchaser or incorporate such procedures in the contract.