16 U.S.C. § 620 — Findings and purposes

Page 1137 TITLE 16—CONSERVATION § 620 Sales that are reoffered shall be modified, including minor additions or deletions, as appropriate, to reduce adverse environmental impacts, pursuant to current land management plans and guidelines, and such modi- fications in themselves should not be construed to re- quire the preparation of new or supplemental environ- mental assessments. This section shall not apply to any decision on the determination of damages due to the Government for defaulted or canceled contracts.’’ § 619. Emergency stumpage rate redetermina- tions in Alaska (a) Application; applicable period Emergency stumpage rate redetermination shall be made upon the written application of the purchaser of National Forest timber in Alas- ka, bid after January 1, 1974, and rates estab- lished as a result thereof shall be effective for timber scaled during a period between January 1, 1981, and five years from October 16, 1984. (b) Competitive effect of modification of con- tracts In making the emergency rate redetermina- tions the Secretary may modify existing con- tract terms, including the amount of the bid premium, in order to provide rates which will permit the holders of contracts bid after Janu- ary 1, 1974, to be competitive with other pur- chasers of National Forest timber. (c) Excepted contracts The provisions of this section shall not apply to contracts held by the holders of 50-year tim- ber sale contracts in Alaska. (Pub. L. 98–478, § 4, Oct. 16, 1984, 98 Stat. 2217.) § 620. Findings and purposes (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 conserva- tion efforts. (3) In the interest of conserving those re- sources, the United States has set aside mil- lions of acres of otherwise harvestable timberlands in the western United States, rep- resenting well over 100,000,000,000 board feet of otherwise harvestable timber. (4) In recent years, administrative, statu- tory, or judicial action has been taken to set aside an increased amount of otherwise har- vestable timberlands for conservation pur- poses. (5) In the next few months and years, addi- tional 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 et seq.], the National Forest Management Act of 1976, or other ex- pected 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 short- fall which may already exist may worsen un- less action is taken. (8) In conjunction with the broad conserva- tion 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 re- sources in conjunction with State and Federal resources management plans, and other ac- tions or decisions, affecting the use of forest resources; (2) to take action essential for the acquisi- tion and distribution of forest resources or products in short supply in the western United States; (3) to take action necessary, to meet the goals of Article XI 2.(a) of the GATT 1994 (as defined in section 3501(1)(B) of title 19), to en- sure sufficient supplies of certain forest re- sources or products which are essential to the United States; (4) to continue and refine the existing Fed- eral policy of restricting the export of unproc- essed timber harvested from Federal lands in the western United States; and (5) to effect measures aimed at meeting these objectives in conformity with the obliga- tions of the United States under the WTO Agreement and the multilateral trade agree- ments (as such terms are defined in para- graphs (9) and (4), respectively, of section 3501 of title 19). (Pub. L. 101–382, title IV, § 488, Aug. 20, 1990, 104 Stat. 714; Pub. L. 106–36, title I, § 1002(a)(1), June 25, 1999, 113 Stat. 132.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (a)(5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. The National Forest Management Act of 1976, re- ferred to in subsec. (a)(5), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provi- sions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. Sections 620 to 620j of this title, referred to in subsec. (b), was in the original ‘‘this title’’, meaning title IV of Pub. L. 101–382, Aug. 20, 1990, 104 Stat. 714, known as the Forest Resources Conservation and Shortage Relief Act of 1990, which enacted sections 620 to 620j of this title and provisions set out as notes below. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1999—Subsec. (b)(3). Pub. L. 106–36, § 1002(a)(1)(A), sub- stituted ‘‘GATT 1994 (as defined in section 3501(1)(B) of title 19)’’ for ‘‘General Agreement on Tariffs and Trade’’. Subsec. (b)(5). Pub. L. 106–36, § 1002(a)(1)(B), sub- stituted ‘‘WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of title 19)’’ for ‘‘General Agreement on Tariffs and Trade’’. Page 1138 TITLE 16—CONSERVATION § 620a Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–382, title IV, § 494, Aug. 20, 1990, 104 Stat. 725, provided that: ‘‘Except as otherwise provided in this title, the provisions of this title [enacting this sec- tion and sections 620a to 620j of this title and provisions set out as a note below] take effect on the date of the enactment of this Act [Aug. 20, 1990].’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–83, title VI, § 601, Nov. 14, 1997, 111 Stat. 1617, provided that: ‘‘This title [amending sections 620b to 620f of this title] may be cited as the ‘Forest Re- sources Conservation and Shortage Relief Act of 1997’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–45, § 1, July 1, 1993, 107 Stat. 223, provided that: ‘‘This Act [amending sections 620c and 620d of this title and enacting provisions set out as a note under section 620c of this title] may be cited as the ‘Forest Resources Conservation and Shortage Relief Amend- ments Act of 1993’.’’ SHORT TITLE Pub. L. 101–382, title IV, § 487, Aug. 20, 1990, 104 Stat. 714, provided that: ‘‘This title [enacting this section and sections 620a to 620j of this title and provisions set out as a note above] may be cited as the ‘Forest Re- sources Conservation and Shortage Relief Act of 1990’.’’ § 620a. Restrictions on exports of unprocessed timber originating from Federal lands (a) Prohibition on export of unprocessed timber originating from Federal lands No person who acquires unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States may export such timber from the United States, or sell, trade, exchange, or otherwise convey such tim- ber to any other person for the purpose of ex- porting such timber from the United States, un- less such timber has been determined under sub- section (b) to be surplus to the needs of timber manufacturing facilities in the United States. (b) Surpluses (1) Determinations by Secretary concerned The prohibition contained in subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from Federal lands which the Secretary con- cerned determines to be surplus to domestic manufacturing needs. (2) Procedures Any determination under paragraph (1) shall be made in regulations issued in accordance with section 553 of title 5. Any such deter- mination shall be reviewed at least once in every 3-year period. The Secretary concerned shall publish notice of such review in the Fed- eral Register, and shall give the public an op- portunity to comment on such review. (Pub. L. 101–382, title IV, § 489, Aug. 20, 1990, 104 Stat. 715.) § 620b. Limitations on substitution of unproc- essed Federal timber for unprocessed timber exported from private lands (a) Direct substitution (1) Except as provided in paragraph (3) and subsection (c), no person may purchase directly from any department or agency of the United States unprocessed timber originating from Fed- eral lands west of the 100th meridian in the con- tiguous 48 States if— (A) such unprocessed timber is to be used in substitution for exported unprocessed timber originating from private lands; or (B) such person has, during the preceding 24- month period, exported unprocessed timber originating from private lands. (2) Notwithstanding paragraph (1)— (A) Federal timber purchased pursuant to a contract entered into between the purchaser and the Secretary concerned before the date on which regulations to carry out this sub- section are issued under section 620f of this title shall be governed by the regulations of the Secretary concerned in effect before such date that restrict the substitution of unproc- essed timber originating from Federal lands for exported timber originating from private lands; (B) in the 1-year period beginning on August 20, 1990, any person who operates under a Co- operative Sustained Yield Unit Agreement, and who has an historic export quota shall be limited to entering into contracts under such a quota to a volume equal to not more than 66 percent of the person’s historic export quota used during fiscal year 1989; (C) a person referred to in subparagraph (B) shall reduce the person’s remaining substi- tution volume by an equal amount each year thereafter such that no volume is substituted under such a quota in fiscal year 1995 or there- after; and (D) the 24-month period referred to in para- graph (1)(B) shall not apply to any person who— (i) before August 20, 1990, has, under an historic export quota approved by the Sec- retary concerned, purchased unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States in substitution for exported unproc- essed timber originating from private lands; (ii) certifies to the Secretary concerned, within 3 months after August 20, 1990, that the person will, within 6 months after Au- gust 20, 1990, cease exporting unprocessed timber originating from private lands; and (iii) ceases exports in accordance with such certification. (3) APPLICABILITY.—In the case of the purchase by a person of unprocessed timber originating from Federal lands west of the 119th meridian in the State of Washington, paragraph (1) shall apply only if— (A) the private lands referred to in para- graph (1) are owned by the person; or (B) the person has the exclusive right to har- vest timber from the private lands described in paragraph (1) during a period of more than 7 years, and may exercise that right at any time of the person’s choosing. (b) Indirect substitution (1) In general Except as provided in paragraph (2), no per- son may, beginning 21 days after August 20,