§ 620f. — Regulations and review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC620f]
TITLE 16--CONSERVATION
CHAPTER 4--PROTECTION OF TIMBER, AND DEPREDATIONS
Sec. 620f. Regulations and review
(a) Regulations
(1) Agriculture and Interior
The Secretaries of Agriculture and Interior shall, in
consultation, each prescribe new coordinated and consistent
regulations to implement sections 620 to 620j of this title on lands
which they administer.
(2) Commerce
The Secretary of Commerce shall promulgate such rules and
guidelines as may be necessary to carry out sections 620 to 620j of
this title.
(3) Deadline
(A) In general.--Except as otherwise provided in sections 620 to
620j of this title, regulations and guidelines required under this
subsection shall be issued not later than June 1, 1998.
(B) The regulations and guidelines issued under sections 620 to
620j of this title that were in effect prior to September 8, 1995
shall remain in effect until new regulations and guidelines are
issued under subparagraph (A).
(4) Painting and branding
(A) In general
The Secretary concerned shall issue regulations that impose
reasonable painting, branding, or other forms of marking or
tracking requirements on unprocessed timber if--
(i) the benefits of the requirements outweigh the cost
of complying with the requirements; and
(ii) the Secretary determines that, without the
requirements, it is likely that the unprocessed timber--
(I) would be exported in violation of sections 620
to 620j of this title; or
(II) if the unprocessed timber originated from
Federal lands, would be substituted for unprocessed
timber originating from private lands west of the 100th
Meridian in the contiguous 48 States in violation of
sections 620 to 620j of this title.
(B) Minimum size
The Secretary concerned shall not impose painting, branding,
or other forms of marking or tracking requirements on--
(i) the face of a log that is less than 7 inches in
diameter; or
(ii) unprocessed timber that is less than 8 feet in
length or less than \1/3\ sound wood.
(C) Waivers
(i) In general
The Secretary concerned may waive log painting and
branding requirements--
(I) for a geographic area, if the Secretary
determines that the risk of the unprocessed timber being
exported from the area or used in substitution is low;
(II) with respect to unprocessed timber originating
from private lands located within an approved sourcing
area for a person who certifies that the timber will be
processed at a specific domestic processing facility to
the extent that the processing does occur; or
(III) as part of a log yard agreement that is
consistent with the purposes of the export and
substitution restrictions imposed under sections 620 to
620j of this title.
(ii) Review and termination of waivers
A waiver granted under clause (i)--
(I) shall, to the maximum extent practicable, be
reviewed once a year; and
(II) shall remain effective until terminated by the
Secretary.
(D) Factors
In making a determination under this paragraph, the
Secretary concerned shall consider--
(i) the risk of unprocessed timber of that species,
grade, and size being exported or used in substitution;
(ii) the location of the unprocessed timber and the
effect of the location on its being exported or used in
substitution;
(iii) the history of the person involved with respect to
compliance with log painting and branding requirements; and
(iv) any other factor that is relevant to determining
the likelihood of the unprocessed timber being exported or
used in substitution.
(5) Reporting
(A) In general
Subject to subparagraph (B), the Secretary concerned shall
issue regulations that impose reasonable documentation and
reporting requirements if the benefits of the requirements
outweigh the cost of complying with the requirements.
(B) Waivers
(i) In general
The Secretary concerned may waive documentation and
reporting requirements for a person if--
(I) an audit of the records of the facility of the
person reveals substantial compliance with all notice,
reporting, painting, and branding requirements during
the preceding year; or
(II) the person transferring the unprocessed timber
and the person processing the unprocessed timber enter
into an advance agreement with the Secretary concerned
regarding the disposition of the unprocessed timber by
domestic processing.
(ii) Review and termination of waivers
A waiver granted under clause (i)--
(I) shall, to the maximum extent practicable, be
reviewed once a year; and
(II) shall remain effective until terminated by the
Secretary.
(b) Review
The Secretaries of Agriculture and Interior shall, in consultation,
review the definition of unprocessed timber under section 620e(7) of
this title for purposes of sections 620 to 620j of this title and, not
later than 18 months after August 20, 1990, submit to the Congress any
recommendations they have with respect to such definition. Specifically,
the Secretaries shall report on the effects of maintaining 2 size
standards under section 620e(B)(ii) \1\ and (iii) of this title.
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\1\ So in original. Probably should be section ``620e(7)(B)(ii)''.
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(Pub. L. 101-382, title IV, Sec. 495, Aug. 20, 1990, 104 Stat. 725; Pub.
L. 105-83, title VI, Sec. 605, Nov. 14, 1997, 111 Stat. 1622.)
Amendments
1997--Subsec. (a). Pub. L. 105-83 redesignated first two sentences
as pars. (1) and (2), respectively, and inserted headings, and
substituted pars. (3) to (5) for last sentence which read as follows:
``Except as otherwise provided in sections 620 to 620j of this title,
regulations and guidelines under this subsection shall be issued not
later than 9 months after August 20, 1990.''
Section Referred to in Other Sections
This section is referred to in sections 620b, 620d of this title.
