16 U.S.C. § 620c — Restriction on exports of unprocessed

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 relinquishment or ter- mination of a sourcing area. (d) Domestic transportation and processing of private timber Nothing in this section restricts or authorizes any restriction on the domestic transportation or processing of timber harvested from private land, except that the Secretary may prohibit processing facilities located in the State of Idaho that have sourcing areas from processing timber harvested from private land outside of the boundaries of those sourcing areas. (Pub. L. 101–382, title IV, § 490, Aug. 20, 1990, 104 Stat. 715; Pub. L. 105–83, title VI, § 602(a), Nov. 14, 1997, 111 Stat. 1618.) Editorial Notes REFERENCES IN TEXT August 20, 1990, referred to in subsec. (a)(2)(B), was in the original ‘‘the effective date of this title’’, which is the date of enactment of title IV of Pub. L. 101–382, ap- proved 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 sec- tion 620 of this title. AMENDMENTS 1997—Subsec. (a)(1). Pub. L. 105–83, § 602(a)(1)(A), in- serted ‘‘paragraph (3) and’’ after ‘‘Except as provided in’’. Subsec. (a)(3). Pub. L. 105–83, § 602(a)(1)(B), added par. (3). Subsec. (c). Pub. L. 105–83, § 602(a)(2)(A), struck out ‘‘Approval of’’ before ‘‘Sourcing areas’’ in heading. Subsec. (c)(2). Pub. L. 105–83, § 602(a)(2)(B)(i), inserted ‘‘for sourcing areas for processing facilities located outside the northwestern private timber open market area’’ after ‘‘application’’ in heading. Subsec. (c)(2)(A). Pub. L. 105–83, § 602(a)(2)(B)(ii), in- serted ‘‘(except private land located in the north- western private timber open market area)’’ after ‘‘pri- vate lands’’. Subsec. (c)(3). Pub. L. 105–83, § 602(a)(2)(C), inserted ‘‘for sourcing areas for processing facilities located outside of the northwestern private timber open mar- ket area’’ in heading, designated existing provisions as subpar. (A), inserted heading, and struck out at end ‘‘In making a determination referred to in this paragraph, the Secretary concerned shall consider equally the tim- ber purchasing patterns, on private and Federal lands, of the applicant as well as other persons in the same local vicinity as the applicant, and the relative simi- larity of such purchasing patterns.’’, and added sub- pars. (B) to (D). Subsec. (c)(4), (5). Pub. L. 105–83, § 602(a)(2)(D), (E), in- serted ‘‘for sourcing areas for processing facilities lo- cated outside the northwestern private timber open market area’’ in headings. Subsec. (c)(6), (7). Pub. L. 105–83, § 602(a)(2)(F), added pars. (6) and (7). Subsec. (d). Pub. L. 105–83, § 602(a)(3), added subsec. (d). § 620c. Restriction on exports of unprocessed timber from State and other public lands (a) Order to prohibit export of unprocessed tim- ber originating from State or other public lands Except as provided in subsection (g), the Sec- retary of Commerce shall issue orders to pro- hibit the export from the United States of un- processed timber originating from public lands, as provided in subsection (b). (b) Schedule for determination to prohibit ex- port 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 vol- umes of 400,000,000 board feet or less, the Sec- retary of Commerce shall issue an order re- ferred to in subsection (a) to prohibit, not- withstanding 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 Page 1142 TITLE 16—CONSERVATION § 620c 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, unproc- essed timber originating from public lands in a State if— (i) such unprocessed timber would be used in substitution for exported unproc- essed 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 subpara- graph (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 notifica- tion of a prior program under subpara- graph (C) of subsection (d)(2), (ii) the Secretary of Commerce approves a program of that State under subpara- graph (A) of subsection (d)(2), or (iii) regulations of the Secretary of Com- merce 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 Secre- taries of Agriculture and Interior, shall issue a report to the Congress on the effects of the re- allocation, as a result of the enactment of sec- tions 620 to 620j of this title, of public lands timber resources to the domestic timber proc- essing sector, the ability of the domestic tim- ber processing sector to meet domestic de- mand for forest products, the volume of trans- shipment of timber originating from public lands across State borders, the effectiveness of rules issued and administered by the Sec- retary 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 Com- merce (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 ge- ographic 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 con- sistent 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 com- prising the total timber sales program of the State; and (iv) issue such regulations as are nec- essary to carry out this section. (B) Exemption The actions and regulations of the Sec- retary under subparagraph (A) shall not apply with respect to a State that is admin- istering and enforcing a program under sub- section (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 as- sist 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 Gov- ernor of any State may submit a program to the Secretary of Commerce for approval that— (A) implements, with respect to unproc- essed timber originating from public lands in that State, the prohibition on exports set forth in the Secretary’s order under sub- section (a); and (B) ensures that the species, grades, and geographic origin of unprocessed timber pro- hibited from export within the State is rep- resentative of the species, grades, and geo- graphic 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 Sec- retary of Commerce shall approve the pro- gram unless the Secretary finds that the program will result in the export of unproc- essed timber from public lands in violation of sections 620 to 620j of this title and pub- lishes 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 regu- lations 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 para- graph (1). Upon such notification, that State Page 1143 TITLE 16—CONSERVATION § 620c 1 See References in Text note below. may administer and enforce that program in that State until the end of the 9-month pe- riod beginning on the date on which the Sec- retary of Commerce issues regulations under subsection (c), and that program shall, dur- ing 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 noti- fication, 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 unproc- essed 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 un- processed timber were permitted pursuant to an order of the Secretary of Commerce in ef- fect under this section before October 23, 1992. (f) Western red cedar Nothing in this section shall be construed to supersede section 4606(i) 1 of title 50. (g) Presidential authority The President is authorized, after suitable no- tice 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 Or- ganization (as the term ‘‘World Trade Organiza- tion’’ is defined in section 3501(8) of title 19), or a ruling issued under the formal dispute settle- ment proceeding provided under any other trade agreement finds, that the provisions of this sec- tion are in violation of, or inconsistent with, United States obligations under that trade agreement. (h) Removal or modifications of State restric- tions 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 peti- tions the President to remove or modify such prohibition. (i) Effect of prior Federal law No provision of Federal law which imposes re- quirements with respect to the generation of revenue from State timberlands and was enacted before August 20, 1990, shall be construed to in- validate, supersede, or otherwise affect any ac- tion 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 or- ders of the Secretary of Commerce issued under subsection (a) shall not apply to specific quan- tities of grades and species of unprocessed tim- ber originating from public lands which the Sec- retary concerned determines by rule to be sur- plus to the needs of timber manufacturing facili- ties in the United States. Any such determina- tion may, by rule, be withdrawn by the Sec- retary 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 annu- ally thereafter, if the President finds, upon re- view of the purposes and implementation of sec- tions 620 to 620j of this title, that the prohibi- tions on exports required by subsection (a) no longer promote the purposes of sections 620 to 620j of this title, then the President may sus- pend such prohibitions, except that such suspen- sion 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 Represent- ative to take action authorized by law to re- spond appropriately to any measures taken by a foreign government in connection with sections 620 to 620j of this title. (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.) Editorial Notes REFERENCES IN TEXT Section 4606(i) of title 50, referred to in subsec. (f), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 1999—Subsec. (g). Pub. L. 106–36 substituted ‘‘Dispute Settlement Body of the World Trade Organization (as the term ‘World Trade Organization’ is defined in sec- tion 3501(8) of title 19)’’ for ‘‘Contracting Parties to the General Agreement on Tariffs and Trade’’. 1997—Subsec. (b)(2). Pub. L. 105–83 struck out ‘‘the fol- lowing shall apply:’’ in introductory provisions, sub- stituted ‘‘the Secretary’’ for ‘‘(A) The Secretary’’ and ‘‘as of November 14, 1997’’ for ‘‘during the period begin- ning on June 1, 1993, and ending on December 31, 1995’’, and struck out subpar. (B) which read as follows: ‘‘For all periods on or after January 1, 1996, the Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than September 30, 1995. Such order shall prohibit the export of the lesser of 400,000,000 board feet or the annual sales volume in that State of unprocessed timber originating from public lands.’’ 1993—Subsec. (a). Pub. L. 103–45, § 2(1), substituted ‘‘(g)’’ for ‘‘(e)’’ and ‘‘as provided’’ for ‘‘in the amounts specified’’. Subsec. (b)(1). Pub. L. 103–45, § 2(2)(A), inserted ‘‘, notwithstanding any other provision of law,’’ after ‘‘prohibit’’ and substituted ‘‘, effective June 1, 1993’’ for ‘‘not later than 21 days after August 20, 1990’’. Subsec. (b)(2). Pub. L. 103–45, § 2(2)(B), added subpar. (A) and struck out former subpar. (A), redesignated subpar. (D) as (B) and substituted ‘‘annual sales volume in that State of unprocessed timber originating from public lands’’ for ‘‘total annual sales volume’’ at end, Page 1144 TITLE 16—CONSERVATION § 620d and struck out former subpars. (B) and (C). Prior to amendment, former subpars. (A) to (C) read as follows: ‘‘(A) The Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than 21 days after August 20, 1990. Such order shall cover a period beginning 120 days after the issuance of such an order, or January 1, 1991, whichever is earlier, and shall extend to December 31, 1991. Such order shall prohibit the export of 75 percent of the annual sales volume in such State of unprocessed timber from pub- lic lands. ‘‘(B) For the period beginning on January 1, 1992, and ending on December 31, 1993, the Secretary of Com- merce shall, after notice and an opportunity for a hear- ing, issue an order referred to in subsection (a) of this section not later than September 30, 1991. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period. ‘‘(C) For the period beginning on January 1, 1994, and ending on December 31, 1995, the Secretary of Com- merce shall, after notice and an opportunity for a hear- ing, issue an order referred to in subsection (a) of this section not later than September 30, 1993. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period.’’ Subsec. (b)(3), (4). Pub. L. 103–45, § 2(2)(C), (D), added par. (3), redesignated former par. (3) as (4), and sub- stituted ‘‘the Secretary of Commerce pursuant to sec- tions 620 to 620j of this title and the effectiveness of State programs authorized under subsection (d)’’ for ‘‘States pursuant to sections 620 to 620j of this title’’. Subsecs. (c) to (l). Pub. L. 103–45, § 2(3), (4), added sub- secs. (c) to (f), struck out former subsecs. (c) and (d) which related to basis for increase in volume prohibited from export and administrative provisions, respec- tively, and redesignated former subsecs. (e) to (j) as (g) to (l), respectively. Statutory Notes and Related Subsidiaries SEVERABILITY OF PROVISIONS Pub. L. 103–45, § 4, July 1, 1993, 107 Stat. 228, provided that: ‘‘If any provision of this Act [amending this sec- tion and section 620d of this title and enacting provi- sions set out as a note under section 620 of this title], or the amendments made by this Act, or the applica- tion thereof to any person or circumstance is held in- valid, the remainder of this Act and such amendments and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.’’ EXTENSION AND ISSUANCE OF ORDER UNDER SUBSECTION (b)(2) Pub. L. 104–208, div. A, title I, § 101(d) [title III], Sept. 30, 1996, 110 Stat. 3009–181, 3009–223, which in part di- rected Secretary of Commerce to extend until Sept. 30, 1997, the order issued under subsec. (b)(2)(A) of this sec- tion and to issue an order under subsec. (b)(2)(B) of this section effective Oct. 1, 1997, was from the Department of the Interior and Related Agencies Appropriations Act, 1997, and was not repeated in subsequent appro- priations acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–134, title I, § 101(c) [title III, § 333], Apr. 26, 1996, 110 Stat. 1321–156, 1321–210; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 104–99, title I, § 130, Jan. 26, 1996, 110 Stat. 34. § 620d. Monitoring and enforcement (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 re- ceipt 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 report- ing of the disposition of any such timber held by subsequent persons; (2) each person who transfers to another per- son unprocessed timber originating from Fed- eral 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 con- cerned may prescribe, which shall identify the Federal origin of such timber; (B) receive from such other person a writ- ten acknowledgment of such notice and a written agreement that such other person will comply with the requirements of sec- tions 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, other than a State that is administering and enforcing a program under section 620c(d) of this title, shall report the receipt and disposition of the timber to the Secretary of Commerce, in such form as the Secretary may by rule prescribe, except that nothing in this paragraph shall be construed to hold any person responsible for reporting the disposition of any timber held by subsequent persons; and (4) each person who transfers to another per- son unprocessed timber originating from pub- lic lands in a State that is subject to an order issued by the Secretary of Commerce under section 620c(a) of this title, other than a State that is administering and enforcing a program under section 620c(d) of this title, shall, before completing the transfer— (A) provide to such other person a written notice, in such form as the Secretary of Commerce may prescribe, that shall identify the public lands from which the timber originated; and (B) receive from such other person— (i) a written acknowledgment of the no- tice, and (ii) a written agreement that the recipi- ent of the timber will comply with the re- quirements of sections 620 to 620j of this title, in such form as the Secretary of Commerce may prescribe; and (C) provide to the Secretary of Commerce copies of all notices, acknowledgments, and agreements referred to in subparagraphs (A) and (B). (b) Report to Congress Using the information gathered under sub- section (a), the Secretaries of Agriculture and