§ 620c. — Restriction on exports of unprocessed timber from State and other public lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC620c]
TITLE 16--CONSERVATION
CHAPTER 4--PROTECTION OF TIMBER, AND DEPREDATIONS
Sec. 620c. Restriction on exports of unprocessed timber from
State and other public lands
(a) Order to prohibit export of unprocessed timber originating from
State or other public lands
Except as provided in subsection (g) of this section, the Secretary
of Commerce shall issue orders to prohibit the export from the United
States of unprocessed timber originating from public lands, as provided
in subsection (b) of this section.
(b) Schedule for determination to prohibit export of unprocessed timber
originating from State or other public lands
(1) States with annual sales of 400,000,000 board feet or
less
With respect to States with annual sales volumes of 400,000,000
board feet or less, the Secretary of Commerce shall issue an order
referred to in subsection (a) of this section to prohibit,
notwithstanding any other provision of law, the export of
unprocessed timber originating from public lands, effective June 1,
1993.
(2) States with annual sales of greater than 400,000,000
board feet
With respect to any State with an annual sales volume greater
than 400,000,000 board feet, the Secretary of Commerce shall issue
an order referred to in subsection (a) of this section to prohibit,
notwithstanding any other provision of law, the export of
unprocessed timber originating from public lands, effective as of
November 14, 1997.
(3) Prohibition on substitution
(A) Prohibition
Subject to subparagraph (B), each order of the Secretary of
Commerce under paragraph (1) or (2) shall also prohibit,
notwithstanding any other provision of law, any person from
purchasing, directly or indirectly, unprocessed timber
originating from public lands in a State if--
(i) such unprocessed timber would be used in
substitution for exported unprocessed timber originating
from private lands in that State; or
(ii) such person has, during the preceding 24-month
period, exported unprocessed timber originating from private
lands in that State.
(B) Exemption
The prohibitions referred to in subparagraph (A) shall not
apply in a State on or after the date on which--
(i) the Governor of that State provides the Secretary of
Commerce with notification of a prior program under
subparagraph (C) of subsection (d)(2) of this section,
(ii) the Secretary of Commerce approves a program of
that State under subparagraph (A) of subsection (d)(2) of
this section, or
(iii) regulations of the Secretary of Commerce issued
under subsection (c) of this section to carry out this
section take effect,
whichever occurs first.
(4) Report to Congress
Not later than June 1, 1995, the Secretary of Commerce, in
conjunction with the Secretaries of Agriculture and Interior, shall
issue a report to the Congress on the effects of the reallocation,
as a result of the enactment of sections 620 to 620j of this title,
of public lands timber resources to the domestic timber processing
sector, the ability of the domestic timber processing sector to meet
domestic demand for forest products, the volume of transshipment of
timber originating from public lands across State borders, the
effectiveness of rules issued and administered by the Secretary of
Commerce pursuant to sections 620 to 620j of this title and the
effectiveness of State programs authorized under subsection (d) of
this section, and trends in growth and productivity in the domestic
timber processing sector.
(c) Federal program
(1) Administration by the Secretary of Commerce
(A) In general
Subject to subparagraph (B), the Secretary of Commerce
shall, as soon as possible after July 1, 1993--
(i) determine the species, grades, and geographic origin
of unprocessed timber to be prohibited from export in each
State that is subject to an order issued under subsection
(a) of this section;
(ii) administer the prohibitions consistent with
sections 620 to 620j of this title;
(iii) ensure that the species, grades, and geographic
origin of unprocessed timber prohibited from export within
each State is representative of the species, grades, and
geographic origin of timber comprising the total timber
sales program of the State; and
(iv) issue such regulations as are necessary to carry
out this section.
(B) Exemption
The actions and regulations of the Secretary under
subparagraph (A) shall not apply with respect to a State that is
administering and enforcing a program under subsection (d) of
this section.
(2) Cooperation with other agencies
The Secretary of Commerce is authorized to enter into agreements
with Federal and State agencies with appropriate jurisdiction to
assist the Secretary in carrying out sections 620 to 620j of this
title.
(d) Authorized State programs
(1) Authorization of new State programs
Notwithstanding subsection (c) of this section, the Governor of
any State may submit a program to the Secretary of Commerce for
approval that--
(A) implements, with respect to unprocessed timber
originating from public lands in that State, the prohibition on
exports set forth in the Secretary's order under subsection (a)
of this section; and
(B) ensures that the species, grades, and geographic origin
of unprocessed timber prohibited from export within the State is
representative of the species, grades, and geographic origin of
timber comprising the total timber sales program of the State.
(2) Approval of State programs
(A) Program approval
Not later than 30 days after the submission of a program
under paragraph (1), the Secretary of Commerce shall approve the
program unless the Secretary finds that the program will result
in the export of unprocessed timber from public lands in
violation of sections 620 to 620j of this title and publishes
that finding in the Federal Register.
(B) State program in lieu of Federal program
If the Secretary of Commerce approves a program submitted
under paragraph (1), the Governor of the State for which the
program was submitted, or such other official of that State as
the Governor may designate, may administer and enforce the
program, which shall apply in that State in lieu of the
regulations issued under subsection (c) of this section.
(C) Prior State programs
Not later than 30 days after July 1, 1993, the Governor of
any State that had, before May 4, 1993, issued regulations under
this subsection as in effect before May 4, 1993, may provide the
Secretary of Commerce with written notification that the State
has a program that was in effect on May 3, 1993, and that meets
the requirements of paragraph (1). Upon such notification, that
State may administer and enforce that program in that State
until the end of the 9-month period beginning on the date on
which the Secretary of Commerce issues regulations under
subsection (c) of this section, and that program shall, during
the period in which it is so administered and enforced, apply in
that State in lieu of the regulations issued under subsection
(c) of this section. Such Governor may submit, with such
notification, the program for approval by the Secretary under
paragraph (1).
(e) Prior contracts
Nothing in this section shall apply to--
(1) any contract for the purchase of unprocessed timber
originating from public lands that was entered into before--
(A) September 10, 1990, with respect to States with annual
sales volumes of 400,000,000 board feet or less; or
(B) January 1, 1991, with respect to States with annual
sales volumes greater than 400,000,000 board feet; or
(2) any contract under which exports of unprocessed timber were
permitted pursuant to an order of the Secretary of Commerce in
effect under this section before October 23, 1992.
(f) Western red cedar
Nothing in this section shall be construed to supersede section
2406(i) of title 50, Appendix.
(g) Presidential authority
The President is authorized, after suitable notice and a public
comment period of not less than 120 days, to suspend the provisions of
this section if a panel of experts has reported to the Dispute
Settlement Body of the World Trade Organization (as the term ``World
Trade Organization'' is defined in section 3501(8) of title 19), or a
ruling issued under the formal dispute settlement proceeding provided
under any other trade agreement finds, that the provisions of this
section are in violation of, or inconsistent with, United States
obligations under that trade agreement.
(h) Removal or modifications of State restrictions
Based upon a determination that it is in the national economic
interest, the President may remove or modify any prohibition on exports
from public lands in a State if that State petitions the President to
remove or modify such prohibition.
(i) Effect of prior Federal law
No provision of Federal law which imposes requirements with respect
to the generation of revenue from State timberlands and was enacted
before August 20, 1990, shall be construed to invalidate, supersede, or
otherwise affect any action of a State or political subdivision of a
State pursuant to sections 620 to 620j of this title.
(j) Surplus timber
The prohibitions on exports contained in orders of the Secretary of
Commerce issued under subsection (a) of this section shall not apply to
specific quantities of grades and species of unprocessed timber
originating from public lands which the Secretary concerned determines
by rule to be surplus to the needs of timber manufacturing facilities in
the United States. Any such determination may, by rule, be withdrawn by
the Secretary concerned if the Secretary determines that the affected
timber is no longer surplus to the needs of timber manufacturing
facilities in the United States.
(k) Suspension of prohibitions
Notwithstanding any other provision of this section, beginning on
January 1, 1998, and annually thereafter, if the President finds, upon
review of the purposes and implementation of sections 620 to 620j of
this title, that the prohibitions on exports required by subsection (a)
of this section no longer promote the purposes of sections 620 to 620j
of this title, then the President may suspend such prohibitions, except
that such suspension shall not take effect until 90 days after the
President notifies the Congress of such finding.
(l) Existing authority not affected
Nothing in sections 620 to 620j of this title shall be construed to
limit the authority of the President or the United States Trade
Representative to take action authorized by law to respond appropriately
to any measures taken by a foreign government in connection with
sections 620 to 620j of this title.
(Pub. L. 101-382, title IV, Sec. 491, Aug. 20, 1990, 104 Stat. 719; Pub.
L. 103-45, Sec. 2, July 1, 1993, 107 Stat. 223; Pub. L. 105-83, title
VI, Sec. 602(b), Nov. 14, 1997, 111 Stat. 1620; Pub. L. 106-36, title I,
Sec. 1002(a)(2), June 25, 1999, 113 Stat. 133.)
Amendments
1999--Subsec. (g). Pub. L. 106-36 substituted ``Dispute Settlement
Body of the World Trade Organization (as the term `World Trade
Organization' is defined in section 3501(8) of title 19)'' for
``Contracting Parties to the General Agreement on Tariffs and Trade''.
1997--Subsec. (b)(2). Pub. L. 105-83 struck out ``the following
shall apply:'' in introductory provisions, substituted ``the Secretary''
for ``(A) The Secretary'' and ``as of November 14, 1997'' for ``during
the period beginning on June 1, 1993, and ending on December 31, 1995'',
and struck out subpar. (B) which read as follows: ``For all periods on
or after January 1, 1996, the Secretary of Commerce shall issue an order
referred to in subsection (a) of this section not later than September
30, 1995. Such order shall prohibit the export of the lesser of
400,000,000 board feet or the annual sales volume in that State of
unprocessed timber originating from public lands.''
1993--Subsec. (a). Pub. L. 103-45, Sec. 2(1), substituted ``(g)''
for ``(e)'' and ``as provided'' for ``in the amounts specified''.
Subsec. (b)(1). Pub. L. 103-45, Sec. 2(2)(A), inserted ``,
notwithstanding any other provision of law,'' after ``prohibit'' and
substituted ``, effective June 1, 1993'' for ``not later than 21 days
after August 20, 1990''.
Subsec. (b)(2). Pub. L. 103-45, Sec. 2(2)(B), added subpar. (A) and
struck out former subpar. (A), redesignated subpar. (D) as (B) and
substituted ``annual sales volume in that State of unprocessed timber
originating from public lands'' for ``total annual sales volume'' at
end, and struck out former subpars. (B) and (C). Prior to amendment,
former subpars. (A) to (C) read as follows:
``(A) The Secretary of Commerce shall issue an order referred to in
subsection (a) of this section not later than 21 days after August 20,
1990. Such order shall cover a period beginning 120 days after the
issuance of such an order, or January 1, 1991, whichever is earlier, and
shall extend to December 31, 1991. Such order shall prohibit the export
of 75 percent of the annual sales volume in such State of unprocessed
timber from public lands.
``(B) For the period beginning on January 1, 1992, and ending on
December 31, 1993, the Secretary of Commerce shall, after notice and an
opportunity for a hearing, issue an order referred to in subsection (a)
of this section not later than September 30, 1991. Such order shall
prohibit the export of at least 75 percent of such State's annual sales
volume for this 2-year period.
``(C) For the period beginning on January 1, 1994, and ending on
December 31, 1995, the Secretary of Commerce shall, after notice and an
opportunity for a hearing, issue an order referred to in subsection (a)
of this section not later than September 30, 1993. Such order shall
prohibit the export of at least 75 percent of such State's annual sales
volume for this 2-year period.''
Subsec. (b)(3), (4). Pub. L. 103-45, Sec. 2(2)(C), (D), added par.
(3), redesignated former par. (3) as (4), and substituted ``the
Secretary of Commerce pursuant to sections 620 to 620j of this title and
the effectiveness of State programs authorized under subsection (d) of
this section'' for ``States pursuant to sections 620 to 620j of this
title''.
Subsecs. (c) to (l). Pub. L. 103-45, Sec. 2(3), (4), added subsecs.
(c) to (f), struck out former subsecs. (c) and (d) which related to
basis for increase in volume prohibited from export and administrative
provisions, respectively, and redesignated former subsecs. (e) to (j) as
(g) to (l), respectively.
Severability of Provisions
Section 4 of Pub. L. 103-45 provided that: ``If any provision of
this Act [amending this section and section 620d of this title and
enacting provisions set out as a note under section 620 of this title],
or the amendments made by this Act, or the application thereof to any
person or circumstance is held invalid, the remainder of this Act and
such amendments and the application of such provision to other persons
not similarly situated or to other circumstances shall not be affected
by such invalidation.''
Extension and Issuance of Order Under Subsection (b)(2)
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III], Sept. 30,
1996, 110 Stat. 3009-181, 3009-223, which in part directed Secretary of
Commerce to extend until Sept. 30, 1997, the order issued under subsec.
(b)(2)(A) of this section and to issue an order under subsec. (b)(2)(B)
of this section effective Oct. 1, 1997, was from the Department of the
Interior and Related Agencies Appropriations Act, 1997, and was not
repeated in subsequent appropriations acts. Similar provisions were
contained in the following prior appropriation acts:
Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 333], Apr.
26, 1996, 110 Stat. 1321-156, 1321-210; renumbered title I, Pub. L. 104-
140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 104-99, title I, Sec. 130, Jan. 26, 1996, 110 Stat. 34.
Section Referred to in Other Sections
This section is referred to in sections 620d, 620f of this title.
