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U.S. Code as of:
01/19/04
Section 620f. Regulations and review
(a) Regulations
(1) Agriculture and Interior
The Secretaries of Agriculture and Interior shall, in
consultation, each prescribe new coordinated and consistent
regulations to implement sections 620 to 620j of this title on
lands which they administer.
(2) Commerce
The Secretary of Commerce shall promulgate such rules and
guidelines as may be necessary to carry out sections 620 to 620j
of this title.
(3) Deadline
(A) In general. - Except as otherwise provided in sections 620
to 620j of this title, regulations and guidelines required under
this subsection shall be issued not later than June 1, 1998.
(B) The regulations and guidelines issued under sections 620 to
620j of this title that were in effect prior to September 8, 1995
shall remain in effect until new regulations and guidelines are
issued under subparagraph (A).
(4) Painting and branding
(A) In general
The Secretary concerned shall issue regulations that impose
reasonable painting, branding, or other forms of marking or
tracking requirements on unprocessed timber if -
(i) the benefits of the requirements outweigh the cost of
complying with the requirements; and
(ii) the Secretary determines that, without the
requirements, it is likely that the unprocessed timber -
(I) would be exported in violation of sections 620 to
620j of this title; or
(II) if the unprocessed timber originated from Federal
lands, would be substituted for unprocessed timber
originating from private lands west of the 100th Meridian
in the contiguous 48 States in violation of sections 620 to
620j of this title.
(B) Minimum size
The Secretary concerned shall not impose painting, branding,
or other forms of marking or tracking requirements on -
(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 Secretary 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 processing 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 practicable, be reviewed
once a year; and
(II) shall remain effective until terminated 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 timber 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 painting and branding requirements; and
(iv) any other factor that is relevant to determining the
likelihood of the unprocessed timber being exported or used
in substitution.
(5) Reporting
(A) In general
Subject to subparagraph (B), the Secretary concerned shall
issue regulations that impose reasonable documentation and
reporting requirements if the benefits of the requirements
outweigh the cost of complying with the requirements.
(B) Waivers
(i) In general
The Secretary concerned may waive documentation and
reporting requirements for a person if -
(I) an audit of the records of the facility of the person
reveals substantial compliance with all notice, reporting,
painting, and branding requirements during the preceding
year; or
(II) the person transferring the unprocessed timber and
the person processing the unprocessed timber enter into an
advance agreement with the Secretary concerned regarding
the disposition of the unprocessed timber by domestic
processing.
(ii) Review and termination of waivers
A waiver granted under clause (i) -
(I) shall, to the maximum extent practicable, be reviewed
once a year; and
(II) shall remain effective until terminated 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 recommendations they have with respect
to such definition. Specifically, the Secretaries shall report on
the effects of maintaining 2 size standards under section
620e(B)(ii) (!1) and (iii) of this title.
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