|
U.S. Code as of:
01/19/04
Section 620c. Restriction on exports of unprocessed timber from State and other public lands
(a) Order to prohibit export of unprocessed timber originating from
State or other public lands
Except as provided in subsection (g) of this section, the
Secretary of Commerce shall issue orders to prohibit the export
from the United States of unprocessed timber originating from
public lands, as provided in subsection (b) of this section.
(b) Schedule for determination to prohibit export 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 volumes of 400,000,000
board feet or less, the Secretary of Commerce shall issue an
order referred to in subsection (a) of this section to prohibit,
notwithstanding 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) of this section to
prohibit, notwithstanding any other provision of law, the export
of unprocessed timber originating 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, unprocessed timber
originating from public lands in a State if -
(i) such unprocessed timber would be used in substitution
for exported unprocessed 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 subparagraph (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 notification of a prior program under
subparagraph (C) of subsection (d)(2) of this section,
(ii) the Secretary of Commerce approves a program of that
State under subparagraph (A) of subsection (d)(2) of this
section, or
(iii) regulations of the Secretary of Commerce issued under
subsection (c) of this section 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 Secretaries of Agriculture and Interior,
shall issue a report to the Congress on the effects of the
reallocation, as a result of the enactment of sections 620 to
620j of this title, of public lands timber resources to the
domestic timber processing sector, the ability of the domestic
timber processing sector to meet domestic demand for forest
products, the volume of transshipment of timber originating from
public lands across State borders, the effectiveness of rules
issued and administered by the Secretary of Commerce pursuant to
sections 620 to 620j of this title and the effectiveness of State
programs authorized under subsection (d) of this section, and
trends in growth and productivity in the domestic timber
processing sector.
(c) Federal program
(1) Administration by the Secretary of Commerce
(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 geographic origin of
unprocessed timber to be prohibited from export in each State
that is subject to an order issued under subsection (a) of
this section;
(ii) administer the prohibitions consistent 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 comprising the total timber sales
program of the State; and
(iv) issue such regulations as are necessary to carry out
this section.
(B) Exemption
The actions and regulations of the Secretary under
subparagraph (A) shall not apply with respect to a State that
is administering and enforcing a program under subsection (d)
of this section.
(2) Cooperation with other agencies
The Secretary of Commerce is authorized to enter into
agreements with Federal and State agencies with appropriate
jurisdiction to assist 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) of this section, the Governor of
any State may submit a program to the Secretary of Commerce for
approval that -
(A) implements, with respect to unprocessed timber
originating from public lands in that State, the prohibition on
exports set forth in the Secretary's order under subsection (a)
of this section; and
(B) ensures that the species, grades, and geographic origin
of unprocessed timber prohibited from export within the State
is representative of the species, grades, and geographic 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 Secretary of Commerce shall approve
the program unless the Secretary finds that the program will
result in the export of unprocessed timber from public lands in
violation of sections 620 to 620j of this title and publishes
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
regulations issued under subsection (c) of this section.
(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 paragraph (1). Upon such
notification, that State may administer and enforce that
program in that State until the end of the 9-month period
beginning on the date on which the Secretary of Commerce issues
regulations under subsection (c) of this section, and that
program shall, during the period in which it is so administered
and enforced, apply in that State in lieu of the regulations
issued under subsection (c) of this section. Such Governor may
submit, with such notification, 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 unprocessed 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 unprocessed timber were
permitted pursuant to an order of the Secretary of Commerce in
effect under this section before October 23, 1992.
(f) Western red cedar
Nothing in this section shall be construed to supersede section
2406(i) of title 50, Appendix.
(g) Presidential authority
The President is authorized, after suitable notice 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 Organization (as the term "World
Trade Organization" is defined in section 3501(8) of title 19), or
a ruling issued under the formal dispute settlement proceeding
provided under any other trade agreement finds, that the provisions
of this section are in violation of, or inconsistent with, United
States obligations under that trade agreement.
(h) Removal or modifications of State restrictions
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 petitions the
President to remove or modify such prohibition.
(i) Effect of prior Federal law
No provision of Federal law which imposes requirements with
respect to the generation of revenue from State timberlands and was
enacted before August 20, 1990, shall be construed to invalidate,
supersede, or otherwise affect any action 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 orders of the Secretary
of Commerce issued under subsection (a) of this section shall not
apply to specific quantities of grades and species of unprocessed
timber originating from public lands which the Secretary concerned
determines by rule to be surplus to the needs of timber
manufacturing facilities in the United States. Any such
determination may, by rule, be withdrawn by the Secretary 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 annually thereafter, if the President finds,
upon review of the purposes and implementation of sections 620 to
620j of this title, that the prohibitions on exports required by
subsection (a) of this section no longer promote the purposes of
sections 620 to 620j of this title, then the President may suspend
such prohibitions, except that such suspension 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
Representative to take action authorized by law to respond
appropriately to any measures taken by a foreign government in
connection with sections 620 to 620j of this title.
|
|