16 U.S.C. § 620i — Eastern hardwoods study

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- Page 1149 TITLE 16—CONSERVATION § 631r 1 See References in Text note below. retary of the Interior, shall conduct a study of the export from the United States, during the 2- year period beginning on January 1, 1991, of un- processed hardwood timber harvested from Fed- eral lands or public lands east of the 100th me- ridian. In order to carry out the provisions of this section— (1) the Secretary of Commerce shall require each person exporting such timber from the United States to declare, in addition to the in- formation normally required in the Shipper’s Export Declarations, the State in which the timber was grown and harvested; and (2) the Secretary of Agriculture and the Sec- retary of the Interior shall ensure that all hardwood saw timber harvested from Federal lands east of the 100th meridian is marked in such a manner as to make it readily identifi- able at all times before its manufacture, and shall take such steps as each Secretary con- siders appropriate to ensure that such mark- ings are not altered or destroyed before manu- facturing. (b) Report to Congress Not later than April 1, 1993, the Secretary of Commerce shall submit to the Committees on Agriculture, Natural Resources, and Foreign Af- fairs of the House of Representatives and the Committee on Banking, Housing, and Urban Af- fairs of the Senate a report describing the vol- ume and value of unprocessed timber grown and harvested from Federal lands or public lands east of the 100th meridian that is exported from the United States during the 2-year period be- ginning on January 1, 1991, the country to which such timber is exported, and the State in which such timber was grown and harvested. (Pub. L. 101–382, title IV, § 498, Aug. 20, 1990, 104 Stat. 725; Pub. L. 103–437, § 6(d)(35), Nov. 2, 1994, 108 Stat. 4585.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’. § 620j. Authority of Export Administration Act of 1979 Nothing in sections 620 to 620j of this title shall be construed to— (1) prejudice the outcome of pending or pro- spective petitions filed under, or (2) warrant the exercise of the authority contained in, section 7 1 of the Export Administration Act of 1979 with respect to the export of unprocessed timber. (Pub. L. 101–382, title IV, § 499, Aug. 20, 1990, 104 Stat. 726.) Editorial Notes REFERENCES IN TEXT Section 7 of the Export Administration Act of 1979, referred to in text, is section 7 of Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 515, which was classified to section 4606 of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. CHAPTER 5—PROTECTION OF FUR SEALS AND OTHER FUR-BEARING ANIMALS Sec. 631 to 654. Omitted or Repealed. 655. Agents to be disinterested. 656. Agents; administering oaths and taking testi- mony. 657, 658. Repealed. 659. Sea lions; acts prohibiting killing repealed. § 631. Omitted Editorial Notes CODIFICATION Section, acts Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, vested control over fur seal, salmon, and other fisheries in Alaska in De- partment of the Interior. §§ 631a to 631q. Repealed. Pub. L. 89–702, title IV, § 408(a), Nov. 2, 1966, 80 Stat. 1098 Sections were from act Feb. 26, 1944, ch. 65, §§ 1–17, 58 Stat. 100. Section 631e amended by act Sept. 27, 1950, ch. 1056, 64 Stat. 1071. Sections related to protection of fur seals and other fur-bearing animals as follows: 631a, Definitions, 631b, Pelagic sealing, sealing, or sea otter hunting in certain waters of North Pacific prohibited; use of ports of United States; importing illegally taken skins, 631c, Natives permitted to carry on pelagic sealing or sea otter hunting, 631d, Killing of seals on Pribilof Islands, other is- lands, and shores of waters under United States juris- diction; permission to designated Fish and Wildlife Service officers and employees and Alaskan natives; pe- lagic sealing in emergencies, 631e, Sale of seal or sea otter skins; deposit of pro- ceeds, 631f, Pribilof Islands a special reservation; landing on islands unlawful; penalties, 631g, Employment of Pribilof Islands native in killing seals and curing skins, 631h, Depots for and transportation of provisions from mainland to Pribilof Islands; care of natives, 631i, Investigations as to seal life on the Pribilof Is- lands, 631j, Persons authorized to enforce provisions of seal fisheries law; powers of arrest, search, and seizure; exe- cution of warrants; forfeiture, 631k, Punishment for violation of law; forfeiture, 631l, Duties of collectors of customs regarding impor- tation of skins of fur seal and see otter, 631m, Seizure of persons or vessels outside of jurisdic- tion of signatory powers; procedure, 631n, Guard or patrol of waters; composition, 631o, Receipt and disposal of skins by United States, 631p, Killing, capturing, etc., certain fur-bearing ani- mals for scientific purposes, 631q, Secretary’s powers and duties; employment of personnel. Subject matter is covered by section 1151 et seq. of this title. § 631r. Repealed. July 25, 1947, ch. 327, § 1, 61 Stat. 449 Section, act Feb. 26, 1944, ch. 65, § 19, 58 Stat. 104, lim- ited the duration of the provisions of sections 631a–631q of this title which implement the Provisional Fur-Seal Agreement of 1942 to twelve months after the cessation of hostilities of World War II.