16 USC 620c - Restriction on exports of unprocessed timber from State and other public lands

U.S Code last checked for updates: Nov 22, 2024

§ 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

(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

(2)

States with annual sales of greater than 400,000,000 board feet

(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),

(ii)

the Secretary of Commerce approves a program of that State under subparagraph (A) of subsection (d)(2), or

(iii)

regulations of the Secretary of Commerce issued under subsection (c) to carry out this section take effect,

whichever occurs first.

(4)

Report to Congress

(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);

(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

(2)

Cooperation with other agencies

(d)

Authorized State programs

(1)

Authorization of new State programs

Notwithstanding subsection (c), 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); 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

(B)

State program in lieu of Federal program

(C)

Prior State programs

(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

(g)

Presidential authority

(h)

Removal or modifications of State restrictions

(i)

Effect of prior Federal law

(j)

Surplus timber

(k)

Suspension of prohibitions

(l)

Existing authority not affected

(Pub. L. 101–382, title IV, § 491, Aug. 20, 1990, 104 Stat. 719; Pub. L. 103–45, § 2, July 1, 1993, 107 Stat. 223; Pub. L. 105–83, title VI, § 602(b), Nov. 14, 1997, 111 Stat. 1620; Pub. L. 106–36, title I, § 1002(a)(2), June 25, 1999, 113 Stat. 133.)

cite as: 16 USC 620c