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U.S. Code as of:
01/19/04
Section 620e. Definitions
For purposes of sections 620 to 620j of this title:
(1) The term "acquire" means to come into possession of,
whether directly or indirectly, through a sale, trade, exchange,
or other transaction, and the term "acquisition" means the act of
acquiring.
(2) The term "Federal lands" means lands that are owned by the
United States, but does not include any lands the title to which
is -
(A) held in trust by the United States for the benefit of any
Indian tribe or individual,
(B) held by any Indian tribe or individual subject to a
restriction by the United States against alienation, or
(C) held by any Native Corporation as defined in section 1602
of title 43.
(3) Minor violation. - The term "minor violation" means a
violation, other than an intentional violation, involving a
single contract, purchase order, processing facility, or log yard
involving a quantity of logs that is less than 25 logs and has a
total value (at the time of the violation) of less than $10,000.
(4) Northwestern private timber open market area. - The term
"northwestern private timber open market area" means the State of
Washington.
(5) The term "person" means any individual, partnership,
corporation, association, or other legal entity and includes any
subsidiary, subcontractor, or parent company, and business
affiliates where 1 affiliate controls or has the power to control
the other or when both are controlled directly or indirectly by a
third person.
(6) The term "private lands" means lands held or owned by a
person. Such term does not include Federal lands or public lands,
or any lands the title to which is -
(A) held in trust by the United States for the benefit of any
Indian tribe or individual,
(B) held by any Indian tribe or individual subject to a
restriction by the United States against alienation, or
(C) held by any Native Corporation as defined in section 1602
of title 43.
(7) The term "public lands" means lands west of the 100th
meridian in the contiguous 48 States, that are held or owned by a
State or political subdivision thereof, or any other public
agency. Such term does not include any lands the title to which
is -
(A) held by the United States;
(B) held in trust by the United States for the benefit of any
Indian tribe or individual,
(C) held by any Indian tribe or individual subject to a
restriction by the United States against alienation, or
(D) held by any Native Corporation as defined in section 1602
of title 43.
(8) The term "Secretary concerned" means -
(A) the Secretary of Agriculture, with respect to Federal
lands administered by that Secretary; and
(B) the Secretary of the Interior with respect to Federal
lands administered by that Secretary.
(9)(A) The term "unprocessed timber" means trees or portions of
trees or other roundwood not processed to standards and
specifications suitable for end product use.
(B) The term "unprocessed timber" does not include timber
processed into any one of the following:
(i) Lumber or construction timbers, except Western Red Cedar,
meeting current American 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 Inspection
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 referred to in clause (ii) and are sawn on 4 sides, with
wane less than 1/4 of any face, not exceeding 8 3/4 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 volumes 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 "substitution" for exported unprocessed timber originating
from private lands means acquiring 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 implement sections 620 to 620j of this title) with regard to a
course of action, including -
(A) in the case of a violation by the original 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 subsequent purchaser of
the timber, an act or omission with respect to an operation at
a particular processing facility or log yard.
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