16 U.S.C. § 620f — Regulations and review

Page 1147 TITLE 16—CONSERVATION § 620f ican Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on 4 sides, not intended for remanufacture. (ii) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspec- tion Bureau Export R or N list clear grades, sawn on 4 sides, not to exceed 12 inches in thickness. (iii) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, that do not meet the grades re- ferred to in clause (ii) and are sawn on 4 sides, with wane less than 1⁄4 of any face, not exceeding 83⁄4 inches in thickness. (iv) Chips, pulp, or pulp products. (v) Veneer or plywood. (vi) Poles, posts, or piling cut or treated with preservatives for use as such. (vii) Shakes or shingles. (viii) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp. (ix) Pulp logs, cull logs, and incidental vol- umes of grade 3 and 4 sawlogs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the primary purpose of conversion of the logs into chips, or to the extent that a small quantity of such logs are processed, into other products at domestic processing facilities. (10) The acquisition of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States to be used in ‘‘sub- stitution’’ for exported unprocessed timber originating from private lands means acquir- ing unprocessed timber from such Federal lands and engaging in exporting, or selling for export, unprocessed timber originating from private lands within the same geographic and economic area. (11) VIOLATION.—The term ‘‘violation’’ means a violation of sections 620 to 620j of this title (including a regulation issued to imple- ment sections 620 to 620j of this title) with re- gard to a course of action, including— (A) in the case of a violation by the origi- nal purchaser of unprocessed timber, an act or omission with respect to a single timber sale; and (B) in the case of a violation of a subse- quent purchaser of the timber, an act or omission with respect to an operation at a particular processing facility or log yard. (Pub. L. 101–382, title IV, § 493, Aug. 20, 1990, 104 Stat. 723; Pub. L. 105–83, title VI, § 604, Nov. 14, 1997, 111 Stat. 1621.) Editorial Notes REFERENCES IN TEXT Sections 620 to 620j of this title, referred to in par. (11), was in the original ‘‘this Act’’ and was translated as reading ‘‘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 under section 620 of this title, to reflect the probable intent of Congress. For complete classification of this Act to the Code, see Short Title note set out under section 620 of this title and Tables. AMENDMENTS 1997—Pars. (3) to (8). Pub. L. 105–83, § 604(1), (2), added pars. (3) and (4) and redesignated former pars. (3) to (6) as (5) to (8), respectively. Former pars. (7) and (8) redes- ignated (9) and (10), respectively. Par. (9). Pub. L. 105–83, § 604(1), redesignated par. (7) as (9). Par. (9)(B)(ix). Pub. L. 105–83, § 604(3), substituted ‘‘Pulp logs, cull logs, and incidental volumes of grade 3 and 4 sawlogs’’ for ‘‘Pulp logs or cull logs’’ and inserted ‘‘primary’’ before ‘‘purpose’’ and ‘‘, or to the extent that a small quantity of such logs are processed, into other products at domestic processing facilities’’ before period at end. Par. (10). Pub. L. 105–83, § 604(1), redesignated par. (8) as (10). Par. (11). Pub. L. 105–83, § 604(4), added par. (11). § 620f. Regulations and review (a) Regulations (1) Agriculture and Interior The Secretaries of Agriculture and Interior shall, in consultation, each prescribe new co- ordinated and consistent regulations to imple- ment sections 620 to 620j of this title on lands which they administer. (2) Commerce The Secretary of Commerce shall promul- gate such rules and guidelines as may be nec- essary to carry out sections 620 to 620j of this title. (3) Deadline (A) IN GENERAL.—Except as otherwise pro- vided in sections 620 to 620j of this title, regu- lations and guidelines required under this sub- section 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 regu- lations that impose reasonable painting, branding, or other forms of marking or tracking requirements on unprocessed tim- ber if— (i) the benefits of the requirements out- weigh the cost of complying with the re- quirements; and (ii) the Secretary determines that, with- out 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 origi- nated from Federal lands, would be sub- stituted for unprocessed timber origi- nating 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 mark- ing or tracking requirements on— Page 1148 TITLE 16—CONSERVATION § 620g 1 So in original. Probably should be section ‘‘620e(7)(B)(ii)’’. (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 Sec- retary 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 proc- essing 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 prac- ticable, be reviewed once a year; and (II) shall remain effective until termi- nated 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 tim- ber 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 paint- ing and branding requirements; and (iv) any other factor that is relevant to determining the likelihood of the unproc- essed timber being exported or used in sub- stitution. (5) Reporting (A) In general Subject to subparagraph (B), the Secretary concerned shall issue regulations that im- pose reasonable documentation and report- ing requirements if the benefits of the re- quirements outweigh the cost of complying with the requirements. (B) Waivers (i) In general The Secretary concerned may waive doc- umentation and reporting requirements for a person if— (I) an audit of the records of the facil- ity of the person reveals substantial compliance with all notice, reporting, painting, and branding requirements during the preceding year; or (II) the person transferring the unproc- essed timber and the person processing the unprocessed timber enter into an ad- vance agreement with the Secretary con- cerned regarding the disposition of the unprocessed timber by domestic proc- essing. (ii) Review and termination of waivers A waiver granted under clause (i)— (I) shall, to the maximum extent prac- ticable, be reviewed once a year; and (II) shall remain effective until termi- nated 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 rec- ommendations they have with respect to such definition. Specifically, the Secretaries shall re- port on the effects of maintaining 2 size stand- ards under section 620e(B)(ii) 1 and (iii) of this title. (Pub. L. 101–382, title IV, § 495, Aug. 20, 1990, 104 Stat. 725; Pub. L. 105–83, title VI, § 605, Nov. 14, 1997, 111 Stat. 1622.) Editorial Notes 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 sen- tence which read as follows: ‘‘Except as otherwise pro- vided 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.’’ § 620g. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out sections 620 to 620j of this title. (Pub. L. 101–382, title IV, § 496, Aug. 20, 1990, 104 Stat. 725.) § 620h. Savings provision Nothing in sections 620 to 620j of this title, or regulations issued under sections 620 to 620j of this title, shall be construed to abrogate or af- fect any timber sale contract entered into before August 20, 1990. (Pub. L. 101–382, title IV, § 497, Aug. 20, 1990, 104 Stat. 725.) Editorial Notes REFERENCES IN TEXT August 20, 1990, referred to in text, was in the original ‘‘the effective date of this title’’, which is the date of enactment of title IV of Pub. L. 101–382, approved Aug. 20, 1990, except as otherwise provided in sections 620 to 620j of this title, see section 494 of Pub. L. 101–382, set out as an Effective Date note under section 620 of this title. § 620i. Eastern hardwoods study (a) Study The Secretary of Commerce, in conjunction with the Secretary of Agriculture and the Sec-