16 U.S.C. § 620h — Savings provision

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-