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16 U.S.C. § 620c — Restriction on exports of unprocessed timber from State and other public lands
Federal law — U.S. Code and appendices · legal_authorities
**(a) Order to prohibit export of unprocessed timber originating from State or other public lands** Except as provided in subsection (g), 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).
**(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) 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) 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
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Source file: Laws/federal/codes/united-states-code/title-16/section-620c-restriction-on-exports-of-unprocessed-timber-from-state-and-other-public--aae9945c96.md
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Source location: Title 16, Chapter 4, § 620c; chapter-004-protection-of-timber-and-depredations.md
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**(a) Order to prohibit export of unprocessed timber originating from State or other public lands** Except as provided in subsection (g), 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).
**(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) 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) 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),
(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** — 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), 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);
(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).
(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), 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* — 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).
(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), 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). 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 4606(i) 11 See References in Text note below. of title 50.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/8&num=0&edition=prelim)), 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) 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) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring and reports** In accordance with regulations issued under this section—
(1) each person who acquires, either directly or indirectly, unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States shall report the receipt and disposition of such timber to the Secretary concerned, in such form as such Secretary may by rule prescribe; except that nothing in this paragraph shall be construed to hold any person responsible for the reporting of the disposition of any such timber held by subsequent persons;
(2) each person who transfers to another person unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States shall, before completing such transfer—
(A) provide to such other person a written notice, in such form as the Secretary concerned may prescribe, which shall identify the Federal origin of such timber;
(B) receive from such other person a written acknowledgment of such notice and a written agreement that such other person will comply with the requirements of sections 620 to 620j of this title, in such form as the Secretary concerned may prescribe; and
(C) provide to the Secretary concerned copies of all notices, acknowledgments, and agreements referred to in subparagraphs (A) and (B);
(3) each person who acquires, either directly or indirectly, unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under [section 620c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/a&num=0&edition=prelim), other than a State that is administering and enforcing a program under [section 620c(d) of this title](https://uscode.house.gov/view.xhtml?req=granul
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 620d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress makes the following findings:
(1) Timber is essential to the United States.
(2) Forests, forest resources, and the forest environment are exhaustible natural resources that require efficient and effective conservation efforts.
(3) In the interest of conserving those resources, the United States has set aside millions of acres of otherwise harvestable timberlands in the western United States, representing well over 100,000,000,000 board feet of otherwise harvestable timber.
(4) In recent years, administrative, statutory, or judicial action has been taken to set aside an increased amount of otherwise harvestable timberlands for conservation purposes.
(5) In the next few months and years, additional amounts of otherwise harvestable timberlands may be set aside for conservation purposes, pursuant to the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.], the National Forest Management Act of 1976, or other expected statutory, administrative, and judicial actions.
(6) There is evidence of a shortfall in the supply of unprocessed timber in the western United States.
(7) There is reason to believe that any shortfall which may already exist may worsen unless action is taken.
(8) In conjunction with the broad conservation actions expected in the next few months and years, conservation action is necessary with respect to exports of unprocessed timber.
**(b) Purposes** The purposes of sections 620 to 620j of this title are—
(1) to promote the conservation of forest resources in conjunction with State and Federal resources management plans, and other actions or decisions, affecting the use of forest resources;
(2) to take action esse
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 620
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Federal law — U.S. Code and appendices · legal_authorities
Page 1141
TITLE 16—CONSERVATION
§ 620c
lish a sourcing area for that processing fa-
cility before the date that is 24 months
after the date on which the sourcing area
was relinquished.
(B) Transition
With respect to a portion of a sourcing
area established before November 14, 1997,
that contains Federal timber under contract
before November 14, 1997, and is outside the
boundary of a new sourcing area established
under subparagraph (A)—
(i) that portion shall continue to be a
sourcing area only until unprocessed Fed-
eral timber from the portion is no longer
in the possession of the sourcing area hold-
er; and
(ii) unprocessed timber from private land
in that portion shall be exportable imme-
diately after unprocessed timber from Fed-
eral land in the portion is no longer in the
possession of the sourcing area holder.
(7)
Relinquishment
and
termination
of
sourcing areas
(A) In general
A sourcing area may be relinquished at
any time.
(B) Effective date
A relinquishment of a sourcing area shall
be effective as of the date on which written
notice is provided by the sourcing area hold-
er to the Regional Forester with jurisdiction
over the sourcing area where the processing
facility of the holder is located.
(C) Exportability
(i) In general
On relinquishment or termination of a
sourcing area, unprocessed timber from
private land within the former boundary of
the relinquished or terminated sourcing
area is exportable immediately after un-
processed timber from Federal land from
within that area is no longer in the posses-
sion of the former sourcing area holder.
(ii) No restriction
The exportability of unprocessed timber
from private land located outside of a
sourcing area shall not be restricted or in
any way affected by relinquishm
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 620c
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