US (United States) Code. Title 16. Chapter 4: Protection of timber and depredations

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 72 páginas
publicidad

-CITE-

16 USC CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

.

-HEAD-

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-MISC1-

Sec.

591, 592. Repealed.

593. Protection of timber in Florida.

594. Protection of timber owned by United States from fire,

disease, or insect ravages.

594-1 to 600. Repealed.

601. Disposition of moneys collected for depredations.

602. Seizure of timber cut.

603. Omitted.

604. Cutting timber on certain mineral lands; permits to

corporations; railroad corporations.

605. Unlawful cutting on mineral lands; notice to Secretary.

606. Offense for unlawful cutting on mineral lands; punishment.

607. Cutting and removal of timber on certain public lands for

certain purposes.

607a. Cutting and use of timber in Alaska by settlers, residents,

miners, etc.

608. Permits to cut and remove timber; citizens of Malheur County,

Oregon.

609. Permits to cut and remove timber; citizens of Modoc County,

California.

610. Permits to cut and remove timber; citizens of Washington

County and Kane County, Utah.

611. Permits to cut and remove timber; citizens of Idaho and

Wyoming.

611a. Permits to cut and remove timber; citizens of Bear Lake

County, Idaho.

612. Permits to cut and remove timber to certain corporations.

613. Limitations of use of timber taken not to apply to certain

territory.

614, 615. Repealed.

615a. Sale of timber in Alaska; appraisal; local consumption;

accounting; deposit in Treasury.

615b. Exportation of timber pulp wood and wood pulp from Alaska.

616. Exportation of timber cut on national forest or public land in

Alaska.

617. Exportation of unprocessed timber from Federal lands.

(a) Limitation of quantity available for export.

(b) Surplus quantities and species available for

export; public hearing; administrative finding.

(c) Rules and regulations; prevention of substitution

of Federal for non-Federal timber.

(d) Limitations inapplicable to sales of prescribed

minimum value.

618. Timber contract payment modification.

(a) Statement of purpose, authorization, scope,

qualifications, financial requirements, etc.,

for buy-out.

(b) Extension of time for performance of contracts;

covered contracts; damages for default.

(c) Monitoring of bidding patterns on timber sale

contracts; discouragement of bids; reporting

requirements.

(d) Cash down-payment and periodic payments for

contracts; effective date.

619. Emergency stumpage rate redeterminations in Alaska.

(a) Application; applicable period.

(b) Competitive effect of modification of contracts.

(c) Excepted contracts.

620. Findings and purposes.

(a) Findings.

(b) Purposes.

620a. Restrictions on exports of unprocessed timber originating

from Federal lands.

(a) Prohibition on export of unprocessed timber

originating from Federal lands.

(b) Surpluses.

620b. Limitations on substitution of unprocessed Federal timber for

unprocessed timber exported from private lands.

(a) Direct substitution.

(b) Indirect substitution.

(c) Sourcing areas.

(d) Domestic transportation and processing of private

timber.

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.

(b) Schedule for determination to prohibit export of

unprocessed timber originating from State or

other public lands.

(c) Federal program.

(d) Authorized State programs.

(e) Prior contracts.

(f) Western red cedar.

(g) Presidential authority.

(h) Removal or modifications of State restrictions.

(i) Effect of prior Federal law.

(j) Surplus timber.

(k) Suspension of prohibitions.

(l) Existing authority not affected.

620d. Monitoring and enforcement.

(a) Monitoring and reports.

(b) Report to Congress.

(c) Civil penalties for violation.

(d) Administrative remedies.

(e) Exception.

620e. Definitions.

620f. Regulations and review.

(a) Regulations.

(b) Review.

620g. Authorization of appropriations.

620h. Savings provision.

620i. Eastern hardwoods study.

(a) Study.

(b) Report to Congress.

620j. Authority of Export Administration Act of 1979.

-CITE-

16 USC Sec. 591, 592 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 591, 592. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.

1349

-MISC1-

Sections, R.S. Sec. 2458, 2459, related to lands producing live

oak and red cedar timbers needed by Navy.

-CITE-

16 USC Sec. 593 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 593. Protection of timber in Florida

-STATUTE-

The President is authorized to employ so much of the land and

naval forces of the United States as may be necessary effectually

to prevent the felling, cutting down, or other destruction of the

timber of the United States in Florida, and to prevent the

transportation or carrying away any such timber as may be already

felled or cut down; and to take such other and further measures as

may be deemed advisable for the preservation of the timber of the

United States in Florida.

-SOURCE-

(R.S. Sec. 2460.)

-COD-

CODIFICATION

R.S. Sec. 2460 derived from act Feb. 23, 1882, ch. 9, 3 Stat.

651.

-CITE-

16 USC Sec. 594 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 594. Protection of timber owned by United States from fire,

disease, or insect ravages

-STATUTE-

The Secretary of the Interior is authorized to protect and

preserve, from fire, disease, or the ravages of beetles, or other

insects, timber owned by the United States upon the public lands,

national parks, national monuments, Indian reservations, or other

lands under the jurisdiction of the Department of the Interior

owned by the United States, either directly or in cooperation with

other departments of the Federal Government, with States, or with

owners of timber; and appropriations are authorized to be made for

such purposes.

-SOURCE-

(Sept. 20, 1922, ch. 349, 42 Stat. 857.)

-CITE-

16 USC Sec. 594-1 to 594-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 594-1 to 594-5. Repealed. Pub. L. 95-313, Sec. 16(a)(3),

formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374; renumbered

Sec. 16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1), Nov.

28, 1990, 104 Stat. 3525

-MISC1-

Section 594-1, act June 25, 1947, ch. 141, Sec. 1, 61 Stat. 177,

set forth policy of Federal Government respecting protection of all

forest lands from insects and diseases.

Section 594-2, act June 25, 1947, ch. 141, Sec. 2, 61 Stat. 177,

related to conduct of surveys by Secretary of Agriculture to detect

infestation by forest insect pests and tree diseases.

Section 594-3, act June 25, 1947, ch. 141, Sec. 3, 61 Stat. 177,

related to allocation of funds for pest and plant disease control.

Section 594-4, act June 25, 1947, ch. 141, Sec. 4, 61 Stat. 177,

related to contributions for insect or disease control carried out

on non-federally owned forest land.

Section 594-5, acts June 25, 1947, ch. 141, Sec. 5, 61 Stat. 177;

June 20, 1975, Pub. L. 94-40, 89 Stat. 224, set forth funding

requirements for Federal program.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,

set out as an Effective Date note under section 2101 of this title.

SHORT TITLE

Act June 25, 1947, ch. 141, Sec. 7, 61 Stat. 177, providing that

sections 594-1 to 594-5 of this title be known as the ''Forest Pest

Control Act'', was repealed by Pub. L. 95-313, Sec. 16(a)(3),

formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374, renumbered Sec.

16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,

104 Stat. 3525.

CONSTRUCTION

Act June 25, 1947, ch. 141, Sec. 6, 61 Stat. 177, providing that

sections 594-1 to 594-5 of this title not be construed as limiting

or repealing existing legislation, was repealed by Pub. L. 95-313,

Sec. 16(a)(3), formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374,

renumbered Sec. 16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1),

Nov. 28, 1990, 104 Stat. 3525.

PLAN FOR CONTROL OF DUTCH ELM DISEASE

Pub. L. 94-588, Sec. 20, Oct. 22, 1976, 90 Stat. 2963, provided

that the Secretary of Agriculture, in consultation with officials

of both the States and political subdivisions thereof, conduct a

study of the incidence of Dutch elm disease and evaluate methods

for controlling the spread of such disease and submit a report on

the results of such study to the President and the Congress on or

before Mar. 1, 1977.

-CITE-

16 USC Sec. 594a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 594a. Repealed. Pub. L. 95-313, Sec. 16(a)(2), formerly Sec.

13(a)(2), July 1, 1978, 92 Stat. 374; renumbered Sec. 16(a)(2),

Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104

Stat. 3525

-MISC1-

Section, act Apr. 26, 1940, ch. 159, 54 Stat. 168, set forth

provisions relating to white-pine blister rust control by the

Secretary of Agriculture, and local authorities.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,

set out as an Effective Date note under section 2101 of this title.

-CITE-

16 USC Sec. 595, 596 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 595, 596. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.

1349

-MISC1-

Sections, R.S. Sec. 2461, 2462, penalized cutting and provided

for forfeiture of vessels carrying away timber on lands reserved or

purchased to supply timber for Navy.

-CITE-

16 USC Sec. 597 to 600 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 597 to 600. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1028

-MISC1-

Sections, R.S. Sec. 2463, acts Mar. 3, 1879, ch. 189, Sec. 1, 2,

20 Stat. 470, 471; Mar. 2, 1895, ch. 182, 28 Stat. 814, related to

red cedar timber and reservation of lands for naval purposes.

-CITE-

16 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 601. Disposition of moneys collected for depredations

-STATUTE-

All moneys collected for depredations upon the public lands shall

be covered into the Treasury of the United States as other moneys

received from the sale of public lands.

-SOURCE-

(Apr. 30, 1878, ch. 76, Sec. 2, 20 Stat. 46.)

-CITE-

16 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 602. Seizure of timber cut

-STATUTE-

If any timber cut on the public lands shall be exported from the

Territories of the United States, it shall be liable to seizure by

United States authority wherever found.

-SOURCE-

(Apr. 30, 1878, ch. 76, Sec. 2, 20 Stat. 46.)

-CITE-

16 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 603. Omitted

-COD-

CODIFICATION

Section, act June 3, 1878, ch. 151, Sec. 5, 20 Stat. 90, related

to prosecutions for violating former section 595 of this title.

-CITE-

16 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 604. Cutting timber on certain mineral lands; permits to

corporations; railroad corporations

-STATUTE-

All citizens of the United States and other persons, bona fide

residents of the States of Colorado, Nevada, New Mexico, Arizona,

Utah, Wyoming, North Dakota, South Dakota, Idaho, or Montana, and

all other mineral districts of the United States, are authorized

and permitted to fell and remove, for building, agricultural,

mining, or other domestic purposes, any timber or other trees

growing or being on the public lands, said lands being mineral, and

not subject to entry under existing laws of the United States,

except for mineral entry, in said States or districts of which such

citizens or persons may be at the time bona fide residents, subject

to such rules and regulations as the Secretary of the Interior may

prescribe for the protection of the timber and of the undergrowth

growing upon such lands, and for other purposes. It shall be

lawful for the Secretary of the Interior to grant permits in

accordance with the provisions of this section, to corporations

incorporated under a Federal law of the United States or

incorporated under the laws of a State or Territory of the United

States, other than the State in which the privilege is requested.

Such permits to confer the same rights and benefits upon such

corporations as are conferred upon corporations incorporated in the

State in which the privilege is to be exercised, but all such

corporations shall first have complied with the laws of that State

so as to entitle them to do business therein. The provisions of

this section and sections 605 and 606 of this title shall not

extend to railroad corporations.

-SOURCE-

(June 3, 1878, ch. 150, Sec. 1, 20 Stat. 88; Jan. 11, 1921, ch. 22,

41 Stat. 1088.)

-COD-

CODIFICATION

The first sentence of this section is from section 1 of act June

3, 1878.

The words of this section reading ''bona fide residents of the

States of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming,

North Dakota, South Dakota, Idaho, or Montana,'' read in the

original section, ''bona fide residents of the State of Colorado,

or Nevada, or either of the Territories of New Mexico, Arizona,

Utah, Wyoming, Dakota, Idaho, or Montana.''

A proviso at the close of section 1 of act June 3, 1878, was

combined with a similar proviso in act Jan. 11, 1921, to form the

last sentence of this section.

Act of Jan. 11, 1921, is the source of the remainder of the

section.

As originally enacted that act began with the following language:

''Section 1 of an Act entitled 'An Act authorizing the citizens of

Colorado, Nevada, and the Territories to fell and remove timber on

the public domain for mining and domestic purposes,' approved June

3, 1878, chapter 150, page 88, volume 20, United States Statutes at

Large, and section 8 of an Act entitled 'An Act to repeal

timber-culture laws, and for other purposes,' approved March 3,

1891, as amended by an Act approved March 3, 1891, chapter 559,

page 1093, volume 26, United States Statutes at Large, and the

several Acts amendatory thereof, be, and the same are hereby,

extended so that,'' etc.

This language was omitted as having been given effect by the

combination of the remaining language of the act with section 1 of

act June 3, 1878, to form this section, by section 612 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 605, 606, 607 of this

title.

-CITE-

16 USC Sec. 605 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 605. Unlawful cutting on mineral lands; notice to Secretary

-STATUTE-

It shall be the duty of such officer as the Secretary of the

Interior may designate in whose district any mineral land may be

situated to ascertain from time to time whether any timber is being

cut or used upon any such lands, except for the purposes authorized

by section 604 of this title, within such land district; and, if

so, he shall immediately notify the Secretary of the Interior of

that fact; and all necessary expenses incurred in making such

proper examinations shall be paid for and allowed such officer in

making up his next quarterly account.

-SOURCE-

(June 3, 1878, ch. 150, Sec. 2, 20 Stat. 88; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

''Such officer as the Secretary of the Interior may designate''

substituted in text for ''the register and the receiver of any

local land office'', ''Secretary of the Interior'' for

''Commissioner of the General Land Office'', and ''such officer''

for ''such register and receiver'' on authority of Reorg. Plan No.

3 of 1946, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 604, 606, 607 of this

title.

-CITE-

16 USC Sec. 606 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 606. Offense for unlawful cutting on mineral lands; punishment

-STATUTE-

Any person or persons who shall violate the provisions of

sections 604 and 605 of this title, or any rules and regulations in

pursuance thereof made by the Secretary of the Interior, shall be

deemed guilty of a misdemeanor, and, upon conviction, shall be

fined in any sum not exceeding $500, and to which may be added

imprisonment for any term not exceeding six months.

-SOURCE-

(June 3, 1878, ch. 150, Sec. 3, 20 Stat. 89.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 604, 607 of this title.

-CITE-

16 USC Sec. 607 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 607. Cutting and removal of timber on certain public lands for

certain purposes

-STATUTE-

In the States of Alaska, Colorado, Montana, Idaho, North Dakota,

and South Dakota, Wyoming, New Mexico, and Arizona, and the gold

and silver regions of Nevada, California, Oregon, Washington, and

Utah in any criminal prosecution or civil action by the United

States for a trespass on such public timber lands or to recover

timber or lumber cut thereon it shall be a defense if the defendant

shall show that the said timber was so cut or removed from the

timber lands for use in such State by a resident thereof for

agricultural, mining, manufacturing, or domestic purposes under

rules and regulations made and prescribed by the Secretary of the

Interior and has not been transported out of the same, but nothing

herein contained shall operate to enlarge the rights of any railway

company to cut timber on the public domain. The Secretary of the

Interior may make suitable rules and regulations to carry out the

provisions of this section, and he may designate the sections or

tracts of land where timber may be cut, and it shall not be lawful

to cut or remove any timber except as may be prescribed by such

rules and regulations, but this section shall not operate to repeal

sections 604 to 606 of this title.

-SOURCE-

(Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec.

8, 26 Stat. 1099; Feb. 13, 1893, ch. 103, 27 Stat. 444; July 1,

1898, ch. 546, Sec. 1, 30 Stat. 618; Mar. 3, 1901, ch. 855, 31

Stat. 1436; Mar. 3, 1901, ch. 862, 31 Stat. 1439; Mar. 3, 1919, ch.

111, 40 Stat. 1321; Mar. 3, 1919, ch. 115, 40 Stat. 1322; Feb. 27,

1922, ch. 82, 42 Stat. 398; Aug. 21, 1935, ch. 591, 49 Stat. 665;

Pub. L. 86-70, Sec. 41, June 25, 1959, 73 Stat. 151.)

-COD-

CODIFICATION

Section was derived from section 8 of act Mar. 3, 1891, ch. 561.

The portion of that section set forth here, as originally enacted

was as follows: ''And in the States of Colorado, Montana, Idaho,

North Dakota, and South Dakota, Wyoming, and in the District of

Alaska and the gold and silver regions of Nevada, and the Territory

of Utah, in any criminal prosecution or civil action by the United

States for a trespass on such public timber lands or to recover

timber or lumber cut thereon, it shall be a defense if the

defendant shall show that the said timber was so cut or removed

from the timber lands for use in such State or Territory by a

resident thereof for agricultural, mining, manufacturing, or

domestic purposes, and has not been transported out of the same;

but nothing herein contained shall apply to operate to enlarge the

rights of any railway company to cut timber on the public domain:

Provided, That the Secretary of the Interior may make suitable

rules and regulations to carry out the provisions of this

section''. It was amended to read as set forth here by act Mar. 3,

1891, ch. 559, except that after the word ''Wyoming,'' the words

''New Mexico and Arizona,'' were inserted by act Feb. 13, 1893, and

after the word ''Nevada,'' the words ''California, Oregon, and

Washington'' were inserted by act Mar. 3, 1901, ch. 855.

In the section as originally enacted the words ''Territory of

Alaska'' read ''District of Alaska,'' and the words ''the Territory

of,'' preceded the word ''Utah''.

Act July 1, 1898, amended section in the manner set out in

section 611 of this title.

Act Mar. 3, 1919, ch. 111, amended section in the manner set out

in section 608 of this title.

Act Mar. 3, 1919, ch. 115, amended section in the manner set out

in section 609 of this title.

Act Feb. 27, 1922, amended section in the manner set out in

section 610 of this title.

Act Aug. 21, 1935, amended section in the manner set out in

section 611a of this title.

The portion of the section omitted here prescribed the time

within which suits by the United States to annul patents should be

brought, and is classified to section 1166 of Title 43, Public

Lands.

-MISC3-

AMENDMENTS

1959 - Pub. L. 86-70 included Alaska within the enumeration of

States and struck out provisions which related to Territory of

Alaska.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 608, 609, 610, 611, 611a,

612, 613 of this title.

-CITE-

16 USC Sec. 607a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 607a. Cutting and use of timber in Alaska by settlers,

residents, miners, etc.

-STATUTE-

The Secretary of the Interior may permit under regulations to be

prescribed by him the use of timber found upon the public land in

Alaska by actual settlers, residents, individual miners, and

prospectors for minerals, for firewood, fencing, buildings, mining,

prospecting, and for domestic purposes, as may actually be needed

by such persons for such purposes and may permit such use by

churches, hospitals, and charitable institutions in Alaska for

firewood, fencing, buildings, and for domestic purposes.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 11, 30 Stat. 414; June 15, 1938, ch.

437, 52 Stat. 699.)

-COD-

CODIFICATION

Section is comprised of the last sentence of section 11 of act

May 14, 1898. The remainder of section 11 of act May 14, 1898, is

classified to section 615a of this title.

Section was formerly classified to section 423 of Title 48,

Territories and Insular Possessions.

-MISC3-

AMENDMENTS

1938 - Act June 15, 1938, inserted last clause relating to use of

timber by churches, hospitals, and charitable institutions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3215 of this title; title

43 sections 942-1, 942-3 to 942-8.

-CITE-

16 USC Sec. 608 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 608. Permits to cut and remove timber; citizens of Malheur

County, Oregon

-STATUTE-

It shall be lawful for the Secretary of the Interior to grant

permits under the provisions of section 607 of this title to

citizens of Malheur County, Oregon, to cut timber in the State of

Idaho for agricultural, mining, or other domestic purposes, and to

remove the timber so cut to Malheur County, State of Oregon.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Mar. 3, 1919, ch.

111, 40 Stat. 1321.)

-COD-

CODIFICATION

Section is derived from act Mar. 3, 1919, which recites that it

amends section 8 of act Mar. 3, 1891, which is the source of

section 607 of this title, by adding this section thereto. Section

8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a

of this title.

-CITE-

16 USC Sec. 609 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 609. Permits to cut and remove timber; citizens of Modoc

County, California

-STATUTE-

It shall be lawful for the Secretary of the Interior to grant

permits under the provisions of section 607 of this title, to

citizens of Modoc County, California, to cut timber in the State of

Nevada for agricultural, mining, or other domestic purposes, and to

remove the timber so cut to Modoc County, State of California.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Mar. 3, 1919, ch.

115, 40 Stat. 1322.)

-COD-

CODIFICATION

Section is derived from act Mar. 3, 1919, which recites that it

amends section 8 of act Mar. 3, 1891, which is the source of

section 607 of this title, by adding this section thereto. Section

8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a

of this title.

-CITE-

16 USC Sec. 610 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 610. Permits to cut and remove timber; citizens of Washington

County and Kane County, Utah

-STATUTE-

It shall be lawful for the Secretary of the Interior to grant

permits under the provisions of section 607 of this title, to

citizens of Washington County and of Kane County, Utah, to cut

timber on the public lands of the counties of Mohave and Coconino,

Arizona, for agricultural, mining, or other domestic purposes, and

remove the timber so cut to said Washington County and Kane County,

Utah.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Feb. 27, 1922, ch.

82, 42 Stat. 398.)

-COD-

CODIFICATION

Section is derived from act Feb. 27, 1922, which recites that it

amends section 8 of act Mar. 3, 1891, which is the source of

section 607 of this title, by adding this section thereto. Section

8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a

of this title.

-CITE-

16 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 611. Permits to cut and remove timber; citizens of Idaho and

Wyoming

-STATUTE-

It shall be lawful for the Secretary of the Interior to grant

permits under the provisions of section 607 of this title, to

citizens of Idaho and Wyoming to cut timber in the State of Wyoming

west of the Continental Divide on the Snake River and its

tributaries to the boundary line of Idaho, for agricultural,

mining, or other domestic purposes, and to remove the timber so cut

to the State of Idaho.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 8 (part), as added July 1, 1898, ch.

546, Sec. 1, 30 Stat. 618.)

-COD-

CODIFICATION

Section is derived from act July 1, 1898, which recites that it

amends section 8 of act Mar. 3, 1891, which is the source of

section 607 of this title, by adding this section thereto. Section

8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a

of this title.

-CITE-

16 USC Sec. 611a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 611a. Permits to cut and remove timber; citizens of Bear Lake

County, Idaho

-STATUTE-

The Secretary of the Interior is authorized to grant permits,

subject to the provisions of section 607 of this title, to citizens

of Bear Lake County, Idaho, to cut and remove timber on the

unappropriated public domain in Lincoln County, Wyoming, for

domestic use in Bear Lake County, Idaho: Provided, That no live

standing timber shall be taken without compensation.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Aug. 21, 1935, ch.

591, 49 Stat. 665.)

-COD-

CODIFICATION

Section is derived from act Aug. 1, 1935, which recites that it

amends section 8 of act Mar. 31, 1891, which is the source of

section 607 of this title, by adding this section thereto. Section

8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a

of this title.

-CITE-

16 USC Sec. 612 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 612. Permits to cut and remove timber to certain corporations

-STATUTE-

It shall be lawful for the Secretary of the Interior to grant

permits in accordance with the provisions of section 607 of this

title, to corporations incorporated under a Federal law of the

United States or incorporated under the laws of a State or

Territory of the United States, other than the State in which the

privilege is requested, said permits to confer the same rights and

benefits upon such corporations as are conferred upon corporations

incorporated in the State in which the privilege is to be

exercised: Provided, That all such corporations shall first have

complied with the laws of that State so as to entitle them to do

business therein; but nothing herein shall operate to enlarge the

rights of any railway company to cut timber on the public domain.

-SOURCE-

(Jan. 11, 1921, ch. 22, 41 Stat. 1088.)

-COD-

CODIFICATION

See portion of note under section 604 of this title relative to

act Jan. 11, 1921, which is applicable equally to this section.

-CITE-

16 USC Sec. 613 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 613. Limitations of use of timber taken not to apply to

certain territory

-STATUTE-

The provisions of section 607 of this title, limiting the use of

timber taken from public lands to residents of the State in which

such timber is found, for use within said State, shall not apply to

the south slope of Pryor Mountains, in the State of Montana, lying

south of the Crow Reservation, west of the Big Horn River, and east

of Sage Creek; but within the above-described boundaries the

provisions of said section shall apply equally to the residents of

the States of Wyoming and Montana, and to the use of timber taken

from the above-described tract in either of the above-named States.

-SOURCE-

(Mar. 3, 1901, ch. 862, 31 Stat. 1439.)

-CITE-

16 USC Sec. 614, 615 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 614, 615. Repealed. Pub. L. 87-689, Sec. 2, Sept. 25, 1962, 76

Stat. 588

-MISC1-

Sections, acts Mar. 4, 1913, ch. 165, Sec. 1, 2, 37 Stat. 1015,

1016; July 3, 1926, ch. 779, Sec. 1, 2, 44 Stat. 890, 891, related

to sale of timber killed or damaged by forest-fires and to disposal

of proceeds of sale of burnt timber on an existing claim.

SAVINGS PROVISION

Section 2 of Pub. L. 87-689 provided in part that rights and

liabilities existing under sections 614 and 615 of this title on

Sept. 25, 1962, shall not be affected thereby.

-CITE-

16 USC Sec. 615a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 615a. Sale of timber in Alaska; appraisal; local consumption;

accounting; deposit in Treasury

-STATUTE-

The Secretary of the Interior, under such rules and regulations

as he may prescribe, may cause to be appraised the timber or any

part thereof upon public lands in Alaska, and may from time to time

sell so much thereof as he may deem proper for not less than the

appraised value thereof, in such quantities to each purchaser as he

shall prescribe, to be used in Alaska except as aforesaid, but not

for export therefrom except as provided under section 615b of this

title. And such sales shall at all times be limited to actual

necessities for consumption in Alaska from year to year, and

payments for such timber shall be made to such officer as the

Secretary of the Interior may designate of the local land office of

the land district in which said timber may be sold, under such

rules and regulations as the Secretary of the Interior may

prescribe, and the moneys arising therefrom shall be accounted for

by such officer as the Secretary of the Interior may designate to

the Secretary of the Interior in a separate account, and shall be

covered into the Treasury.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 11, 30 Stat. 414; Oct. 28, 1921, ch.

114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144;

1946 Reorg. Plan. No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.

7876, 60 Stat. 1100.)

-COD-

CODIFICATION

Section is comprised of the first two sentences of section 11 of

act May 14, 1898, the remainder of section 11 of act May 14, 1898,

is classified to section 607a of this title.

Section was formerly classified to section 421 of Title 48,

Territories and Insular Possessions.

-CHANGE-

CHANGE OF NAME

Acts Oct. 28, 1921, and Mar. 3, 1925, consolidated offices of

register and receiver and provided for a single officer to be known

as register.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

Functions of Commissioner of General Land Office and registers

transferred to Secretary of the Interior or that officer as the

Secretary may designate, see Reorg. Plan No. 3 of 1946, set out in

the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3215 of this title; title

43 sections 942-1, 942-3 to 942-8.

-CITE-

16 USC Sec. 615b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 615b. Exportation of timber pulp wood and wood pulp from

Alaska

-STATUTE-

Birch timber and pulp wood or wood pulp manufactured from timber

in Alaska may be exported therefrom.

-SOURCE-

(Feb. 1, 1905, ch. 288, Sec. 2, 33 Stat. 628; June 5, 1920, ch.

235, Sec. 1, 41 Stat. 917.)

-COD-

CODIFICATION

Section was formerly classified to section 422 of Title 48,

Territories and Insular Possessions.

-MISC3-

AMENDMENTS

1920 - Act June 5, 1920, authorized exportation of birch timber.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615a of this title.

-CITE-

16 USC Sec. 616 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 616. Exportation of timber cut on national forest or public

land in Alaska

-STATUTE-

Timber lawfully cut on any national forest, or on the public

lands in Alaska, may be exported from the State or Territory where

grown if, in the judgment of the Secretary of the department

administering the national forests, or the public lands in Alaska,

the supply of timber for local use will not be endangered thereby,

and the respective Secretaries concerned are authorized to issue

rules and regulations to carry out the purposes of this section.

-SOURCE-

(Apr. 12, 1926, Sec. 1, ch. 117, 44 Stat. 242.)

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-CITE-

16 USC Sec. 617 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 617. Exportation of unprocessed timber from Federal lands

-STATUTE-

(a) Limitation of quantity available for export

For each of the calendar years 1969 through 1973, inclusive, not

more than 350 million board feet, in the aggregate, of unprocessed

timber may be sold for export from the United States from Federal

lands located west of the 100th meridian.

(b) Surplus quantities and species available for export; public

hearing; administrative finding

After public hearing and a finding by the appropriate Secretary

of the department administering Federal lands referred to in

subsection (a) of this section that specific quantities and species

of unprocessed timber are surplus to the needs of domestic users

and processors, such quantities and species may be designated by

the said Secretary as available for export from the United States

in addition to that quantity stated in subsection (a) of this

section.

(c) Rules and regulations; prevention of substitution of Federal

for non-Federal timber

The Secretaries of the departments administering lands referred

to in subsection (a) of this section may issue rules and

regulations to carry out the purposes of this section, including

the prevention of substitution of timber restricted from export by

this section for exported non-Federal timber.

(d) Limitations inapplicable to sales of prescribed minimum value

In issuing rules and regulations pursuant to subsection (c) of

this section, the appropriate Secretaries may include therein

provisions authorizing the said Secretaries, in their discretion,

to exclude from the limitations imposed by this section sales

having an appraised value of less than $2,000.

-SOURCE-

(Apr. 12, 1926, ch. 117, Sec. 2, as added Pub. L. 90-554, pt. IV,

Sec. 401, Oct. 8, 1968, 82 Stat. 966; amended Pub. L. 91-609, title

IX, Sec. 921, Dec. 31, 1970, 84 Stat. 1817.)

-MISC1-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-609 extended date for application

of limitation provision from 1971 to 1973 calendar year.

-CITE-

16 USC Sec. 618 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 618. Timber contract payment modification

-STATUTE-

(a) Statement of purpose, authorization, scope, qualifications,

financial requirements, etc., for buy-out

(1) Notwithstanding any other provisions of law, in order to

retain jobs, to preserve free competition, to utilize the potential

productive capacity of plants, to preserve small communities

dependent on a single economic sector to assure an open and

competitive market for future sales of Government timber, and to

lessen the impact of unemployment, the Secretary of Agriculture for

national forest lands and the Secretary of the Interior for public

lands under their respective jurisdictions are authorized and

directed to permit a requesting purchaser to return to the

Government a volume of the purchaser's timber contracts as

determined under paragraph (2) upon payment of a buy-out charge

from such purchaser in an amount as determined under paragraph (3).

The purchaser shall be released from further obligation to cut,

remove, and pay for timber under such contract upon payment, or

arrangement for payment as provided under paragraph (3)(E), of such

buy-out charge and completion of any obligation required pursuant

to paragraph (4)(B). The Government does not hereby surrender any

other claim against a purchaser which arose under a contract prior

to effectuation of this release and not in connection with this

release from obligation to cut, harvest and pay for timber.

(2)(A) To qualify for buy-out under this section, a timber sales

contract must have been bid prior to January 1, 1982, for an

original contract period of 10 years or less, and be held as of

June 1, 1984: Provided, That any such contract that was defaulted

after January 1, 1981 may qualify for buy-out under this section so

long as (i) settlement for damages has not been reached between the

purchaser and the United States; and (ii) the purchaser's loss on

all of its qualifying timber sales contracts, as determined in

paragraph (3)(A), is in excess of 50 per centum of the net book

worth of the purchaser. A contract is qualified for buy-out

notwithstanding the fact that it was reformed after October 1,

1983, pursuant to Bureau of Land Management Instructional

Memorandum 83-743 or is included in a Forest Service multisale plan

pursuant to the President's program of July 28, 1983.

(B) A purchaser holding more than twenty-seven million three

hundred thousand board feet of net merchantable sawtimber as of

January 1, 1982, in qualifying contracts as provided in

subparagraph (A) shall be entitled to buy out up to 55 per centum

of such timber volume up to a maximum of two hundred million board

feet.

(C) A purchaser holding twenty-seven million three hundred

thousand or less board feet of net merchantable sawtimber as of

January 1, 1982, in qualifying contracts as provided in

subparagraph (A) shall be entitled to buy out up to fifteen million

board feet of such timber volume or one contract, whichever is

greater in volume.

(D) So long as the volume limitation of two hundred million board

feet is not exceeded, the percentage limitation of subparagraph (B)

or the volume limitation of subparagraph (C) may be exceeded by a

volume amount not to exceed the volume of the smallest volume

contract bought out by the purchaser if the purchaser could not

otherwise attain his percentage or volume entitlement.

(E) Timber returned to the Government pursuant to this subsection

shall be available for resale by the Government upon payment, or

arrangement for payment, of the buy-out charge and completion of

obligations, if any, under paragraph (4)(B).

(3)(A) Sums collected by the appropriate Secretary in connection

with the buy-out of contracts pursuant to this subsection shall be

deposited in and paid from the Treasury in the same manner as

moneys received from timber sales from such lands and shall be

determined as follows: The purchaser's loss on any qualifying

timber sales contracts shall be determined by the Forest Service or

the Bureau of Land Management by subtracting the current delivered

log value (as determined by such agency) from the delivered log

cost based on the current contract return (as determined by such

agency) of any such contracts. If such loss is -

(i) in excess of 100 per centum of the net book worth of the

purchaser, the buy-out cost shall be $10 per one thousand board

feet of currently held volume bought out;

(ii) in excess of 50 per centum up to 100 per centum of the net

book worth of the purchaser, the buy-out cost shall be 10 per

centum of the contract overbid but at least $10 per one thousand

board feet of currently held volume bought out; or

(iii) up to 50 per centum or less of the net book worth of the

purchaser, the buy-out cost shall be 15 per centum for the

purchaser's first one hundred twenty-five million board feet, 20

per centum for additional board feet above one hundred

twenty-five million up to one hundred fifty million, 25 per

centum for additional board feet above one hundred fifty million

up to one hundred seventy-five million, and 30 per centum for

additional board feet above one hundred seventy-five million up

to two hundred million, of the contract overbid but at least $10

per one thousand board feet of currently held volume bought out.

(B) For purposes of this paragraph, the term ''net book worth''

does not include the value of any outstanding uncut Federal timber

sales contracts.

(C) Net book worth shall be, subject to agency verification, as

determined by an independent certified public accountant in

accordance with generally accepted accounting standards for the

timber industry.

(D) A purchaser may elect to pay the buy-out cost imposed by

subparagraph (A)(iii) in lieu of utilizing loss and net book worth

determinations.

(E) Where a purchaser is not able to obtain sufficient credit

elsewhere to finance the buy-out charge at reasonable rates and

terms, purchaser may, upon payment of 5 per centum of the buy-out

charge, pay the remainder of the buy-out charge in equal quarterly

payments over a period not to exceed 5 years at an interest rate

adjusted with each payment equal to the average market yield of

outstanding Treasury obligations with remaining years to maturity

of five years payment must be secured by bond, deposited securities

or other forms of security acceptable to the appropriate Secretary

in an amount sufficient to cover the entire buy-out payment.

(F) For purposes of this paragraph, the term ''contract overbid''

is the difference between the advertised contract rate and the rate

the purchaser bid.

(4)(A) Contracts returned pursuant to this subsection under which

no harvest has begun shall be returned in full.

(B) Contracts returned to the appropriate Secretary pursuant to

this subsection under which harvest has begun, shall be returned

conditionally and shall not be considered as part of the

outstanding volume of timber under contract for the purposes of

this Act. The return shall become final after the purchaser has

completed stages of contractual obligations for the units on which

the harvest has begun, including work on roads, to logical stopping

points as determined by the Secretary after consultation with the

purchaser. All remaining unharvested units must be returned.

(C) The appropriate Secretary may reject return of a contract on

which harvest has begun if he determines, in his discretion, that

the remaining unharvested portion is substantially unrepresentative

of the original sale as a whole in terms of species, logging

methods, or other appropriate criteria, and that accepting the

return of such contract would seriously disadvantage the

Government.

(5)(A) Timber from returned or defaulted contracts shall be

offered for resale in an orderly fashion as part of, and not in

addition to, the normal congressionally authorized timber sales

program, and in a manner which does not disrupt regional markets or

artificially depress domestic timber prices. Timber from returned

or defaulted contracts shall be given preference for resale in the

Forest Service timber sales programs.

(B) Timber sales in Forest Service region 6 shall not exceed four

billion three hundred million board feet of net merchantable

sawtimber in fiscal year 1984.

(C) Beginning in fiscal year 1985 and continuing through fiscal

year 1991 or the fiscal year in which timber contract extensions in

region 6 granted under the President's program of July 28, 1983 (as

constituted on October 16, 1984), are completed, whichever is

later, the Secretary of Agriculture shall set, and periodically

adjust as necessary, the maximum annual timber sale volume in

region 6. Such maximum sale volume shall be set so as to achieve a

volume of region 6 net merchantable sawtimber under contract at the

end of each fiscal year which does not exceed twelve billion three

hundred million board feet: Provided, however, That such maximum

annual sale volume shall not exceed five billion two hundred

million board feet of net merchantable sawtimber. The sale of

timber within region 6 shall be made in such a manner as not to

result in discriminatory treatment as between different forests in

the region.

(6)(A) The Secretary of the Interior and the Secretary of

Agriculture shall publish final rules for the implementation of

this subsection in the Federal Register within ninety days after

October 16, 1984.

(B) Such final rules shall require purchasers to submit buy-out

requests to the appropriate Secretary within ninety days after the

publication of such rules.

(7)(A) For purposes only of determining a purchaser's buy-out

limitation under paragraph (2) and net worth in connection with

buy-out cost under paragraph (3), concerns which are affiliates as

defined under subparagraph (B) of this paragraph shall be treated

as a single entity.

(B) Definition of affiliates: Concerns are affiliates of each

other when either directly or indirectly, one concern controls or

has the power to control the other, or a third party or parties

controls or has the power to control both. In determining whether

or not affiliation exists, consideration shall be given to all

appropriate factors, including, but not limited to, common

ownership, common management, and contractual relationships.

(C) Definition of purchaser: For the purposes of this Act, a

purchaser is the holder of a contract to purchase timber from the

Secretary of Agriculture or the Secretary of the Interior.

(b) Extension of time for performance of contracts; covered

contracts; damages for default

(1) Timber contracts bid prior to January 1, 1982, not bought out

pursuant to subsection (a) of this section and included in the

President's program of July 28, 1983, shall not be subject to any

further extension of time for performance except as permitted under

the President's program of July 28, 1983, as implemented by the

Secretary of Agriculture and the Secretary of the Interior,

providing for the extension of certain timber sale contracts and

requiring the phased harvesting of such extended contracts, which

program is hereby ratified except as modified by paragraph (2).

(2) Notwithstanding any other provision of law, timber contracts

extended pursuant to the President's program of July 28, 1983, as

implemented by the Secretary of Agriculture shall not be subject to

inclusion of additional provisions for calculating damages for

default.

(c) Monitoring of bidding patterns on timber sale contracts;

discouragement of bids; reporting requirements

The Secretary of Agriculture and the Secretary of the Interior

shall monitor bidding patterns on timber sale contracts and take

action to discourage bidding at such a rate as would indicate that

the bidder, if awarded the contract, would be unable to perform the

obligations as required, or that the bid is otherwise for the

purpose of speculation. Each Secretary shall include in the annual

report to Congress information concerning actions taken under this

subsection.

(d) Cash down-payment and periodic payments for contracts;

effective date

Effective January 1, 1985, in any contract for the sale of timber

from the National Forests, the Secretary of Agriculture shall

require a cash down-payment at the time the contract is executed

and periodic payments to be made over the remaining period of the

contract.

-SOURCE-

(Pub. L. 98-478, Sec. 2, Oct. 16, 1984, 98 Stat. 2213.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(4)(B), (7)(C), is Pub. L.

98-478, Oct. 16, 1984, 98 Stat. 2213, which enacted sections 539f,

618, and 619 of this title and provisions set out as a note under

this section. For complete classification of this Act to the Code,

see Short Title note below and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 98-478 provided: ''That this Act (enacting

this section and sections 539f and 619 of this title) may be cited

as 'Federal Timber Contract Payment Modification Act'.''

ADMINISTRATIVE APPEALS OF TIMBER SALES

Pub. L. 99-500, Sec. 101(h) (title III, Sec. 320), Oct. 18, 1986,

100 Stat. 1783-242, 1783-286, and Pub. L. 99-591, Sec. 101(h)

(title III, Sec. 320), Oct. 30, 1986, 100 Stat. 3341-242, 3341-287,

provided that: ''To assure that National Forest and Bureau of Land

Management timber included in sales defaulted by the purchaser, or

returned under the Federal Timber Contract Payment Modification Act

(Public Law 98-478) (see Short Title note above), is available for

resale in a timely manner, such sales shall be subject only to one

level of administrative appeal. This limitation shall not abridge

the right of judicial review. Actions on such administrative

appeals should be completed within 90 days of receipt of the notice

of appeal. Sales that are reoffered shall be modified, including

minor additions or deletions, as appropriate, to reduce adverse

environmental impacts, pursuant to current land management plans

and guidelines, and such modifications in themselves should not be

construed to require the preparation of new or supplemental

environmental assessments. This section shall not apply to any

decision on the determination of damages due to the Government for

defaulted or canceled contracts.''

-CITE-

16 USC Sec. 619 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 619. Emergency stumpage rate redeterminations in Alaska

-STATUTE-

(a) Application; applicable period

Emergency stumpage rate redetermination shall be made upon the

written application of the purchaser of National Forest timber in

Alaska, bid after January 1, 1974, and rates established as a

result thereof shall be effective for timber scaled during a period

between January 1, 1981, and five years from October 16, 1984.

(b) Competitive effect of modification of contracts

In making the emergency rate redeterminations the Secretary may

modify existing contract terms, including the amount of the bid

premium, in order to provide rates which will permit the holders of

contracts bid after January 1, 1974, to be competitive with other

purchasers of National Forest timber.

(c) Excepted contracts

The provisions of this section shall not apply to contracts held

by the holders of 50-year timber sale contracts in Alaska.

-SOURCE-

(Pub. L. 98-478, Sec. 4, Oct. 16, 1984, 98 Stat. 2217.)

-CITE-

16 USC Sec. 620 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620. Findings and purposes

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) Timber is essential to the United States.

(2) Forests, forest resources, and the forest environment are

exhaustible natural resources that require efficient and

effective conservation efforts.

(3) In the interest of conserving those resources, the United

States has set aside millions of acres of otherwise harvestable

timberlands in the western United States, representing well over

100,000,000,000 board feet of otherwise harvestable timber.

(4) In recent years, administrative, statutory, or judicial

action has been taken to set aside an increased amount of

otherwise harvestable timberlands for conservation purposes.

(5) In the next few months and years, additional amounts of

otherwise harvestable timberlands may be set aside for

conservation purposes, pursuant to the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.), the National Forest Management Act

of 1976, or other expected statutory, administrative, and

judicial actions.

(6) There is evidence of a shortfall in the supply of

unprocessed timber in the western United States.

(7) There is reason to believe that any shortfall which may

already exist may worsen unless action is taken.

(8) In conjunction with the broad conservation actions expected

in the next few months and years, conservation action is

necessary with respect to exports of unprocessed timber.

(b) Purposes

The purposes of sections 620 to 620j of this title are -

(1) to promote the conservation of forest resources in

conjunction with State and Federal resources management plans,

and other actions or decisions, affecting the use of forest

resources;

(2) to take action essential for the acquisition and

distribution of forest resources or products in short supply in

the western United States;

(3) to take action necessary, to meet the goals of Article XI

2.(a) of the GATT 1994 (as defined in section 3501(1)(B) of title

19), to ensure sufficient supplies of certain forest resources or

products which are essential to the United States;

(4) to continue and refine the existing Federal policy of

restricting the export of unprocessed timber harvested from

Federal lands in the western United States; and

(5) to effect measures aimed at meeting these objectives in

conformity with the obligations of the United States under the

WTO Agreement and the multilateral trade agreements (as such

terms are defined in paragraphs (9) and (4), respectively, of

section 3501 of title 19).

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 488, Aug. 20, 1990, 104 Stat. 714;

Pub. L. 106-36, title I, Sec. 1002(a)(1), June 25, 1999, 113 Stat.

132.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in subsec.

(a)(5), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,

which is classified generally to chapter 35 (Sec. 1531 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1531 of this title and

Tables.

The National Forest Management Act of 1976, referred to in

subsec. (a)(5), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as

amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614

of this title, amended sections 500, 515, 516, 518, 576b, 581h, and

1601 to 1610 of this title, repealed sections 476, 513, and 514 of

this title, and enacted provisions set out as notes under sections

476, 513, 528, 594-2, and 1600 of this title. For complete

classification of this Act to the Code, see Short Title of 1976

Amendment note set out under section 1600 of this title and Tables.

Sections 620 to 620j of this title, referred to in subsec. (b),

was in the original ''this title'', meaning title IV of Pub. L.

101-382, Aug. 20, 1990, 104 Stat. 714, which enacted sections 620

to 620j of this title and provisions set out as notes below. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (b)(3). Pub. L. 106-36, Sec. 1002(a)(1)(A),

substituted ''GATT 1994 (as defined in section 3501(1)(B) of title

19)'' for ''General Agreement on Tariffs and Trade''.

Subsec. (b)(5). Pub. L. 106-36, Sec. 1002(a)(1)(B), substituted

''WTO Agreement and the multilateral trade agreements (as such

terms are defined in paragraphs (9) and (4), respectively, of

section 3501 of title 19)'' for ''General Agreement on Tariffs and

Trade''.

EFFECTIVE DATE

Section 494 of title IV of Pub. L. 101-382 provided that:

''Except as otherwise provided in this title, the provisions of

this title (enacting this section and sections 620a to 620j of this

title and provisions set out as a note below) take effect on the

date of the enactment of this Act (Aug. 20, 1990).''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-83, title VI, Sec. 601, Nov. 14, 1997, 111 Stat.

1617, provided that: ''This title (amending sections 620b to 620f

of this title) may be cited as the 'Forest Resources Conservation

and Shortage Relief Act of 1997'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-45, Sec. 1, July 1, 1993, 107 Stat. 223, provided

that: ''This Act (amending sections 620c and 620d of this title and

enacting provisions set out as a note under section 620c of this

title) may be cited as the 'Forest Resources Conservation and

Shortage Relief Amendments Act of 1993'.''

SHORT TITLE

Section 487 of title IV of Pub. L. 101-382 provided that: ''This

title (enacting this section and sections 620a to 620j of this

title and provisions set out as a note above) may be cited as the

'Forest Resources Conservation and Shortage Relief Act of 1990'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620b, 620c, 620d, 620e,

620f, 620g, 620h, 620j of this title.

-CITE-

16 USC Sec. 620a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620a. Restrictions on exports of unprocessed timber

originating from Federal lands

-STATUTE-

(a) Prohibition on export of unprocessed timber originating from

Federal lands

No person who acquires unprocessed timber originating from

Federal lands west of the 100th meridian in the contiguous 48

States may export such timber from the United States, or sell,

trade, exchange, or otherwise convey such timber to any other

person for the purpose of exporting such timber from the United

States, unless such timber has been determined under subsection (b)

of this section to be surplus to the needs of timber manufacturing

facilities in the United States.

(b) Surpluses

(1) Determinations by Secretary concerned

The prohibition contained in subsection (a) of this section

shall not apply to specific quantities of grades and species of

unprocessed timber originating from Federal lands which the

Secretary concerned determines to be surplus to domestic

manufacturing needs.

(2) Procedures

Any determination under paragraph (1) shall be made in

regulations issued in accordance with section 553 of title 5. Any

such determination shall be reviewed at least once in every

3-year period. The Secretary concerned shall publish notice of

such review in the Federal Register, and shall give the public an

opportunity to comment on such review.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 489, Aug. 20, 1990, 104 Stat.

715.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620b. Limitations on substitution of unprocessed Federal

timber for unprocessed timber exported from private lands

-STATUTE-

(a) Direct substitution

(1) Except as provided in paragraph (3) and subsection (c) of

this section, no person may purchase directly from any department

or agency of the United States unprocessed timber originating from

Federal lands west of the 100th meridian in the contiguous 48

States if -

(A) such unprocessed timber is to be used in substitution for

exported unprocessed timber originating from private lands; or

(B) such person has, during the preceding 24-month period,

exported unprocessed timber originating from private lands.

(2) Notwithstanding paragraph (1) -

(A) Federal timber purchased pursuant to a contract entered

into between the purchaser and the Secretary concerned before the

date on which regulations to carry out this subsection are issued

under section 620f of this title shall be governed by the

regulations of the Secretary concerned in effect before such date

that restrict the substitution of unprocessed timber originating

from Federal lands for exported timber originating from private

lands;

(B) in the 1-year period beginning on August 20, 1990, any

person who operates under a Cooperative Sustained Yield Unit

Agreement, and who has an historic export quota shall be limited

to entering into contracts under such a quota to a volume equal

to not more than 66 percent of the person's historic export quota

used during fiscal year 1989;

(C) a person referred to in subparagraph (B) shall reduce the

person's remaining substitution volume by an equal amount each

year thereafter such that no volume is substituted under such a

quota in fiscal year 1995 or thereafter; and

(D) the 24-month period referred to in paragraph (1)(B) shall

not apply to any person who -

(i) before August 20, 1990, has, under an historic export

quota approved by the Secretary concerned, purchased

unprocessed timber originating from Federal lands west of the

100th meridian in the contiguous 48 States in substitution for

exported unprocessed timber originating from private lands;

(ii) certifies to the Secretary concerned, within 3 months

after August 20, 1990, that the person will, within 6 months

after August 20, 1990, cease exporting unprocessed timber

originating from private lands; and

(iii) ceases exports in accordance with such certification.

(3) Applicability. - In the case of the purchase by a person of

unprocessed timber originating from Federal lands west of the 119th

meridian in the State of Washington, paragraph (1) shall apply only

if -

(A) the private lands referred to in paragraph (1) are owned by

the person; or

(B) the person has the exclusive right to harvest timber from

the private lands described in paragraph (1) during a period of

more than 7 years, and may exercise that right at any time of the

person's choosing.

(b) Indirect substitution

(1) In general

Except as provided in paragraph (2), no person may, beginning

21 days after August 20, 1990, purchase from any other person

unprocessed timber originating from Federal lands west of the

100th meridian in the contiguous 48 States if such person would

be prohibited from purchasing such timber directly from a

department or agency of the United States. Acquisitions of

western red cedar which are domestically processed into finished

products to be sold into domestic or international markets are

exempt from the prohibition contained in this paragraph.

(2) Exceptions

(A) The Secretary of Agriculture shall, as soon as practicable

but not later than 9 months after August 20, 1990, establish, by

rule, a limited amount of unprocessed timber originating from

Federal lands described in subparagraph (B) which may be

purchased by a person otherwise covered by the prohibition

contained in paragraph (1). Such limit shall equal -

(i) the amount of such timber acquired by such person, based

on the higher of the applicant's actual timber purchasing

receipts or the appropriate Federal agency's records, during

fiscal years 1988, 1989, and 1990, divided by 3, or

(ii) 15 million board feet,

whichever is less, except that such limit shall not exceed such

person's proportionate share, with respect to all persons covered

under this paragraph, of 50 million board feet.

(B) The Federal lands referred to in subparagraph (A) are

Federal lands administered by the United States Forest Service

Region 6 that are located north of the Columbia River from its

mouth and east to its first intersection with the 119th meridian,

and from that point north of the 46th parallel and east.

(C) Any person may sell, trade, or otherwise exchange with any

other person the rights obtained under subparagraph (A), except

that such rights may not be sold, traded, or otherwise exchanged

to persons already in possession of such rights obtained under

subparagraph (A).

(D) Federal timber purchased from Federal lands described in

subparagraph (B) pursuant to a contract entered into between the

purchaser and the Secretary of Agriculture before the date on

which regulations to carry out this subsection are issued under

section 620f of this title shall be governed by the regulations

of the Secretary of Agriculture in effect before such date that

restrict the substitution of unprocessed timber originating from

Federal lands for exported timber originating from private lands.

(c) Sourcing areas

(1) In general

The prohibitions contained in subsections (a) and (b) of this

section shall not apply with respect to the acquisition of

unprocessed timber originating from Federal lands within a

sourcing area west of the 100th meridian in the contiguous 48

States approved by the Secretary concerned under this subsection

by a person who -

(A) in the previous 24 months, has not exported unprocessed

timber originating from private lands within the sourcing area;

and

(B) during the period in which such approval is in effect,

does not export unprocessed timber originating from private

lands within the sourcing area.

The Secretary concerned may waive the 24-month requirement set

forth in subparagraph (A) for any person who, within 3 months

after August 20, 1990, certifies that, within 6 months after

August 20, 1990, such person will, for a period of not less than

3 years, cease exporting unprocessed timber originating from

private lands within the sourcing area.

(2) Requirements for application for sourcing areas for

processing facilities located outside the northwestern

private timber open market area

The Secretaries concerned shall, not later than 3 months after

August 20, 1990, prescribe procedures to be used by a person

applying for approval of a sourcing area under paragraph (1).

Such procedures shall require, at a minimum, the applicant to

provide -

(A) information regarding the location of private lands

(except private land located in the northwestern private timber

open market area) from which such person has, within the

previous year, harvested or otherwise acquired unprocessed

timber which has been exported from the United States; and

(B) information regarding the location of each timber

manufacturing facility owned or operated by such person within

the proposed sourcing area boundaries at which the applicant

proposes to process timber originating from Federal lands.

The prohibition contained in subsection (a) of this section shall

not apply to a person before the date which is 1 month after the

procedures referred to in this paragraph are prescribed. With

respect to any person who submits an application in accordance

with such procedures by the end of the time period set forth in

the preceding sentence, the prohibition contained in subsection

(a) of this section shall not apply to such person before the

date on which the Secretary concerned approves or disapproves

such application.

(3) Grant of approval for sourcing areas for processing

facilities located outside of the northwestern private timber

open market area

(A) In general

For each applicant, the Secretary concerned shall, on the

record and after an opportunity for a hearing, not later than 4

months after receipt of the application for a sourcing area,

either approve or disapprove the application. The Secretary

concerned may approve such application only if the Secretary

determines that the area that is the subject of the

application, in which the timber manufacturing facilities at

which the applicant desires to process timber originating from

Federal lands are located, is geographically and economically

separate from any geographic area from which that person

harvests for export any unprocessed timber originating from

private lands.

(B) For timber manufacturing facilities located in Idaho

Except as provided in subparagraph (D), in making a

determination referred to in subparagraph (A), the Secretary

concerned shall consider the private timber export and the

private and Federal timber sourcing patterns for the

applicant's timber manufacturing facilities, as well as the

private and Federal timber sourcing patterns for the timber

manufacturing facilities of other persons in the same local

vicinity of the applicant, and the relative similarity of such

private and Federal timber sourcing patterns.

(C) For timber manufacturing facilities located in States other

than Idaho

Except as provided in subparagraph (D), in making the

determination referred to in subparagraph (A), the Secretary

concerned shall consider the private timber export and the

Federal timber sourcing patterns for the applicant's timber

manufacturing facilities, as well as the Federal timber

sourcing patterns for the timber manufacturing facilities of

other persons in the same local vicinity of the applicant, and

the relative similarity of such Federal timber sourcing

patterns. Private timber sourcing patterns shall not be a

factor in such determinations in States other than Idaho.

(D) Area not included

In deciding whether to approve or disapprove an application,

the Secretary shall not -

(i) consider land located in the northwestern private

timber open market area; or

(ii) condition approval of the application on the inclusion

of any such land in the applicant's sourcing area, such land

being includable in the sourcing area only to the extent

requested by the applicant.

(4) Denial of application for sourcing areas for processing

facilities located outside the northwestern private timber

open market area

(A) Subject to subparagraph (B), and notwithstanding any other

provision of law, in the 9-month period after receiving

disapproval of an application submitted pursuant to this

subsection, the applicant may purchase unprocessed timber

originating from Federal lands in the area which is the subject

of the application in an amount not to exceed 75 percent of the

annual average of such person's purchases of unprocessed timber

originating from Federal lands in the same area during the 5 full

fiscal years immediately prior to submission of the application.

In the subsequent 6-month period, such person may purchase not

more than 25 percent of such annual average, after which time the

prohibitions contained in subsection (a) of this section shall

fully apply.

(B) If a person referred to in subparagraph (A) certifies to

the Secretary concerned, within 90 days after receiving

disapproval of such application, that such person shall, within

15 months after such disapproval, cease the export of unprocessed

timber originating from private lands from the geographic area

determined by the Secretary for which the application would have

been approved, such person may continue to purchase unprocessed

timber originating from Federal lands in the area which is the

subject of the application, without being subject to the

restrictions of subparagraph (A), except that such purchases

during that 15-month period may not exceed 125 percent of the

annual average of such person's purchases of unprocessed timber

originating from Federal lands in the same area during the 5 full

fiscal years immediately prior to submission of the application

which was denied.

(C) Any person to whom subparagraph (B) applies may not, during

the 15-month period after the person's application for sourcing

area boundaries is denied, export unprocessed timber originating

from private lands in the geographic area determined by the

Secretary concerned for which the application would have been

approved in amounts that exceed 125 percent of the annual average

of such person's exports of unprocessed timber from such private

lands during the 5 full fiscal years immediately prior to

submission of the application.

(5) Review of determinations for sourcing areas for processing

facilities located outside the northwestern private timber

open market area

Determinations made under paragraph (3) shall be reviewed, in

accordance with the procedures prescribed in sections 620 to 620j

of this title, not less often than every 5 years.

(6) Sourcing areas for processing facilities located in the

northwestern private timber open market area

(A) Establishment

In the northwestern private timber open market area -

(i) a sourcing area boundary shall be a circle around the

processing facility of the sourcing area applicant or holder;

(ii) the radius of the circle -

(I) shall be the furthest distance that the sourcing area

applicant or holder proposes to haul Federal timber for

processing at the processing facility; and

(II) shall be determined solely by the sourcing area

applicant or holder;

(iii) a sourcing area shall become effective on written

notice to the Regional Forester for Region 6 of the Forest

Service of the location of the boundary of the sourcing area;

(iv) the 24-month requirement in paragraph (1)(A) shall not

apply;

(v) a sourcing area holder -

(I) may adjust the radius of the sourcing area not more

frequently than once every 24 months; and

(II) shall provide written notice to the Regional

Forester for Region 6 of the adjusted boundary of its

sourcing area before using the adjusted sourcing area; and

(vi) a sourcing area holder that relinquishes a sourcing

area may not reestablish a sourcing area for that processing

facility before the date that is 24 months after the date on

which the sourcing area was relinquished.

(B) Transition

With respect to a portion of a sourcing area established

before November 14, 1997, that contains Federal timber under

contract before November 14, 1997, and is outside the boundary

of a new sourcing area established under subparagraph (A) -

(i) that portion shall continue to be a sourcing area only

until unprocessed Federal timber from the portion is no

longer in the possession of the sourcing area holder; and

(ii) unprocessed timber from private land in that portion

shall be exportable immediately after unprocessed timber from

Federal land in the portion is no longer in the possession of

the sourcing area holder.

(7) Relinquishment and termination of sourcing areas

(A) In general

A sourcing area may be relinquished at any time.

(B) Effective date

A relinquishment of a sourcing area shall be effective as of

the date on which written notice is provided by the sourcing

area holder to the Regional Forester with jurisdiction over the

sourcing area where the processing facility of the holder is

located.

(C) Exportability

(i) In general

On relinquishment or termination of a sourcing area,

unprocessed timber from private land within the former

boundary of the relinquished or terminated sourcing area is

exportable immediately after unprocessed timber from Federal

land from within that area is no longer in the possession of

the former sourcing area holder.

(ii) No restriction

The exportability of unprocessed timber from private land

located outside of a sourcing area shall not be restricted or

in any way affected by relinquishment or termination of a

sourcing area.

(d) Domestic transportation and processing of private timber

Nothing in this section restricts or authorizes any restriction

on the domestic transportation or processing of timber harvested

from private land, except that the Secretary may prohibit

processing facilities located in the State of Idaho that have

sourcing areas from processing timber harvested from private land

outside of the boundaries of those sourcing areas.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 490, Aug. 20, 1990, 104 Stat. 715;

Pub. L. 105-83, title VI, Sec. 602(a), Nov. 14, 1997, 111 Stat.

1618.)

-REFTEXT-

REFERENCES IN TEXT

August 20, 1990, referred to in subsec. (a)(2)(B), 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.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-83, Sec. 602(a)(1)(A),

inserted ''paragraph (3) and'' after ''Except as provided in''.

Subsec. (a)(3). Pub. L. 105-83, Sec. 602(a)(1)(B), added par.

(3).

Subsec. (c). Pub. L. 105-83, Sec. 602(a)(2)(A), struck out

''Approval of'' before ''Sourcing areas'' in heading.

Subsec. (c)(2). Pub. L. 105-83, Sec. 602(a)(2)(B)(i), inserted

''for sourcing areas for processing facilities located outside the

northwestern private timber open market area'' after

''application'' in heading.

Subsec. (c)(2)(A). Pub. L. 105-83, Sec. 602(a)(2)(B)(ii),

inserted ''(except private land located in the northwestern private

timber open market area)'' after ''private lands''.

Subsec. (c)(3). Pub. L. 105-83, Sec. 602(a)(2)(C), inserted ''for

sourcing areas for processing facilities located outside of the

northwestern private timber open market area'' in heading,

designated existing provisions as subpar. (A), inserted heading,

and struck out at end ''In making a determination referred to in

this paragraph, the Secretary concerned shall consider equally the

timber purchasing patterns, on private and Federal lands, of the

applicant as well as other persons in the same local vicinity as

the applicant, and the relative similarity of such purchasing

patterns.'', and added subpars. (B) to (D).

Subsec. (c)(4), (5). Pub. L. 105-83, Sec. 602(a)(2)(D), (E),

inserted ''for sourcing areas for processing facilities located

outside the northwestern private timber open market area'' in

headings.

Subsec. (c)(6), (7). Pub. L. 105-83, Sec. 602(a)(2)(F), added

pars. (6) and (7).

Subsec. (d). Pub. L. 105-83, Sec. 602(a)(3), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620c. Restriction on exports of unprocessed timber from State

and other public lands

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 491, Aug. 20, 1990, 104 Stat. 719;

Pub. L. 103-45, Sec. 2, July 1, 1993, 107 Stat. 223; Pub. L.

105-83, title VI, Sec. 602(b), Nov. 14, 1997, 111 Stat. 1620; Pub.

L. 106-36, title I, Sec. 1002(a)(2), June 25, 1999, 113 Stat. 133.)

-MISC1-

AMENDMENTS

1999 - Subsec. (g). Pub. L. 106-36 substituted ''Dispute

Settlement Body of the World Trade Organization (as the term 'World

Trade Organization' is defined in section 3501(8) of title 19)''

for ''Contracting Parties to the General Agreement on Tariffs and

Trade''.

1997 - Subsec. (b)(2). Pub. L. 105-83 struck out ''the following

shall apply:'' in introductory provisions, substituted ''the

Secretary'' for ''(A) The Secretary'' and ''as of November 14,

1997'' for ''during the period beginning on June 1, 1993, and

ending on December 31, 1995'', and struck out subpar. (B) which

read as follows: ''For all periods on or after January 1, 1996, the

Secretary of Commerce shall issue an order referred to in

subsection (a) of this section not later than September 30, 1995.

Such order shall prohibit the export of the lesser of 400,000,000

board feet or the annual sales volume in that State of unprocessed

timber originating from public lands.''

1993 - Subsec. (a). Pub. L. 103-45, Sec. 2(1), substituted

''(g)'' for ''(e)'' and ''as provided'' for ''in the amounts

specified''.

Subsec. (b)(1). Pub. L. 103-45, Sec. 2(2)(A), inserted '',

notwithstanding any other provision of law,'' after ''prohibit''

and substituted '', effective June 1, 1993'' for ''not later than

21 days after August 20, 1990''.

Subsec. (b)(2). Pub. L. 103-45, Sec. 2(2)(B), added subpar. (A)

and struck out former subpar. (A), redesignated subpar. (D) as (B)

and substituted ''annual sales volume in that State of unprocessed

timber originating from public lands'' for ''total annual sales

volume'' at end, and struck out former subpars. (B) and (C). Prior

to amendment, former subpars. (A) to (C) read as follows:

''(A) The Secretary of Commerce shall issue an order referred to

in subsection (a) of this section not later than 21 days after

August 20, 1990. Such order shall cover a period beginning 120 days

after the issuance of such an order, or January 1, 1991, whichever

is earlier, and shall extend to December 31, 1991. Such order shall

prohibit the export of 75 percent of the annual sales volume in

such State of unprocessed timber from public lands.

''(B) For the period beginning on January 1, 1992, and ending on

December 31, 1993, the Secretary of Commerce shall, after notice

and an opportunity for a hearing, issue an order referred to in

subsection (a) of this section not later than September 30, 1991.

Such order shall prohibit the export of at least 75 percent of such

State's annual sales volume for this 2-year period.

''(C) For the period beginning on January 1, 1994, and ending on

December 31, 1995, the Secretary of Commerce shall, after notice

and an opportunity for a hearing, issue an order referred to in

subsection (a) of this section not later than September 30, 1993.

Such order shall prohibit the export of at least 75 percent of such

State's annual sales volume for this 2-year period.''

Subsec. (b)(3), (4). Pub. L. 103-45, Sec. 2(2)(C), (D), added

par. (3), redesignated former par. (3) as (4), and substituted

''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'' for ''States pursuant to sections

620 to 620j of this title''.

Subsecs. (c) to (l). Pub. L. 103-45, Sec. 2(3), (4), added

subsecs. (c) to (f), struck out former subsecs. (c) and (d) which

related to basis for increase in volume prohibited from export and

administrative provisions, respectively, and redesignated former

subsecs. (e) to (j) as (g) to (l), respectively.

SEVERABILITY OF PROVISIONS

Section 4 of Pub. L. 103-45 provided that: ''If any provision of

this Act (amending this section and section 620d of this title and

enacting provisions set out as a note under section 620 of this

title), or the amendments made by this Act, or the application

thereof to any person or circumstance is held invalid, the

remainder of this Act and such amendments and the application of

such provision to other persons not similarly situated or to other

circumstances shall not be affected by such invalidation.''

EXTENSION AND ISSUANCE OF ORDER UNDER SUBSECTION (B)(2)

Pub. L. 104-208, div. A, title I, Sec. 101(d) (title III), Sept.

30, 1996, 110 Stat. 3009-181, 3009-223, which in part directed

Secretary of Commerce to extend until Sept. 30, 1997, the order

issued under subsec. (b)(2)(A) of this section and to issue an

order under subsec. (b)(2)(B) of this section effective Oct. 1,

1997, was from the Department of the Interior and Related Agencies

Appropriations Act, 1997, and was not repeated in subsequent

appropriations acts. Similar provisions were contained in the

following prior appropriation acts:

Pub. L. 104-134, title I, Sec. 101(c) (title III, Sec. 333), Apr.

26, 1996, 110 Stat. 1321-156, 1321-210; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 104-99, title I, Sec. 130, Jan. 26, 1996, 110 Stat. 34.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620d. Monitoring and enforcement

-STATUTE-

(a) Monitoring and reports

In accordance with regulations issued under this section -

(1) each person who acquires, either directly or indirectly,

unprocessed timber originating from Federal lands west of the

100th meridian in the contiguous 48 States shall report the

receipt and disposition of such timber to the Secretary

concerned, in such form as such Secretary may by rule prescribe;

except that nothing in this paragraph shall be construed to hold

any person responsible for the reporting of the disposition of

any such timber held by subsequent persons;

(2) each person who transfers to another person unprocessed

timber originating from Federal lands west of the 100th meridian

in the contiguous 48 States shall, before completing such

transfer -

(A) provide to such other person a written notice, in such

form as the Secretary concerned may prescribe, which shall

identify the Federal origin of such timber;

(B) receive from such other person a written acknowledgment

of such notice and a written agreement that such other person

will comply with the requirements of sections 620 to 620j of

this title, in such form as the Secretary concerned may

prescribe; and

(C) provide to the Secretary concerned copies of all notices,

acknowledgments, and agreements referred to in subparagraphs

(A) and (B);

(3) each person who acquires, either directly or indirectly,

unprocessed timber originating from public lands in a State that

is subject to an order issued by the Secretary of Commerce under

section 620c(a) of this title, other than a State that is

administering and enforcing a program under section 620c(d) of

this title, shall report the receipt and disposition of the

timber to the Secretary of Commerce, in such form as the

Secretary may by rule prescribe, except that nothing in this

paragraph shall be construed to hold any person responsible for

reporting the disposition of any timber held by subsequent

persons; and

(4) each person who transfers to another person unprocessed

timber originating from public lands in a State that is subject

to an order issued by the Secretary of Commerce under section

620c(a) of this title, other than a State that is administering

and enforcing a program under section 620c(d) of this title,

shall, before completing the transfer -

(A) provide to such other person a written notice, in such

form as the Secretary of Commerce may prescribe, that shall

identify the public lands from which the timber originated; and

(B) receive from such other person -

(i) a written acknowledgment of the notice, and

(ii) a written agreement that the recipient of the timber

will comply with the requirements of sections 620 to 620j of

this title,

in such form as the Secretary of Commerce may prescribe; and

(C) provide to the Secretary of Commerce copies of all

notices, acknowledgments, and agreements referred to in

subparagraphs (A) and (B).

(b) Report to Congress

Using the information gathered under subsection (a) of this

section, the Secretaries of Agriculture and Interior shall, not

later than June 1, 1995, submit to the Congress a report on the

disposition of unprocessed timber harvested from Federal lands west

of the 100th meridian in the contiguous 48 States, and

recommendations concerning the practice of indirect substitution of

such timber for exported timber harvested from private lands.

Specifically, such report shall -

(1) analyze the effects of indirect substitution on market

efficiency;

(2) analyze the effects of indirect substitution on domestic

log supply;

(3) offer any recommendations that the Secretaries consider

necessary for specific statutory or regulatory changes regarding

indirect substitution;

(4) provide summaries of the data collected;

(5) analyze the effects of the provisions of section

620b(b)(2)(C) of this title; and

(6) provide such other information as the Secretaries consider

appropriate.

(c) Civil penalties for violation

(1) Exports

(A) If the Secretary concerned finds, on the record and after

an opportunity for a hearing, that a person, with willful

disregard for the prohibition contained in sections 620 to 620j

of this title against exporting Federal timber, exported or

caused to be exported unprocessed timber originating from Federal

lands in violation of sections 620 to 620j of this title, such

Secretary may assess against such person a civil penalty of not

more than $500,000 for each violation, or 3 times the gross value

of the unprocessed timber involved in the violation, whichever

amount is greater.

(B)(i) Subject to clause (ii), if the Secretary of Commerce

finds, on the record and after an opportunity for a hearing, that

a person, with willful disregard for the restrictions contained

in an order of the Secretary under section 620c(a) of this title

on exports of unprocessed timber from public lands, exported or

caused to be exported unprocessed timber originating from public

lands in violation of such order, the Secretary may assess

against such person a civil penalty of not more than $500,000 for

each violation, or 3 times the gross value of the unprocessed

timber involved in the violation, whichever amount is greater.

(ii) Clause (i) shall not apply with respect to exports of

unprocessed timber originating from public lands in a State that

is administering and enforcing a program under section 620c(d) of

this title.

(2) Other violations

(A) If the Secretary concerned finds, on the record and after

an opportunity for a hearing, that a person has violated any

provision of sections 620 to 620j of this title or any regulation

issued under sections 620 to 620j of this title relating to lands

which they administer (notwithstanding that such violation may

not have caused the export of unprocessed Federal timber in

violation of sections 620 to 620j of this title), such Secretary

may -

(i) assess against such person a civil penalty of not more

than $75,000 for each violation if the Secretary determines

that the person committed such violation in disregard of such

provision or regulation;

(ii) assess against such person a civil penalty of not more

than $50,000 for each violation if the Secretary determines

that the person should have known that the action constituted a

violation; or

(iii) assess against such person a civil penalty of not more

than $500,000 if the Secretary determines that the person

committed such violation willfully.

(B)(i) Subject to clause (ii), if the Secretary of Commerce

finds, on the record and after an opportunity for a hearing, that

a person has violated, on or after June 1, 1993, any provision of

sections 620 to 620j of this title or any regulation issued under

sections 620 to 620j of this title relating to the export of

unprocessed timber originating from public lands (whether or not

the violation caused the export of unprocessed timber from public

lands in violation of sections 620 to 620j of this title), the

Secretary may assess against such person a civil penalty to the

same extent as the Secretary concerned may impose a penalty under

clause (i), (ii), or (iii) of subparagraph (A).

(ii) Clause (i) shall not apply with respect to unprocessed

timber originating from public lands in a State that is

administering and enforcing a program under section 620c(d) of

this title.

(C) Mitigation of penalties. -

(i) In general. - The Secretary concerned -

(I) in determining the applicability of any penalty imposed

under this paragraph, shall take into account all relevant

mitigating factors, including mistake, inadvertence, and

error; and

(II) based on any mitigating factor, may, with respect to

any penalty imposed under this paragraph -

(aa) reduce the penalty;

(bb) not impose the penalty; or

(cc) on condition of there being no further violation

under this paragraph for a prescribed period, suspend

imposition of the penalty.

(ii) Contractural remedies. - In the case of a minor

violation of sections 620 to 620j of this title (including a

regulation), the Secretary concerned shall, to the maximum

extent practicable, permit a contracting officer to redress the

violation in accordance with the applicable timber sale

contract rather than assess a penalty under this paragraph.

(3) Penalties not exclusive; judicial review

A penalty assessed under this subsection shall not be exclusive

of any other penalty provided by law and shall be subject to

review in an appropriate United States district court.

(d) Administrative remedies

(1) Debarment

(A) In general

Subject to subparagraph (B), the head of the appropriate

Federal department or agency under sections 620 to 620j of this

title may debar any person who violates sections 620 to 620j of

this title, or any regulation or contract issued under sections

620 to 620j of this title, from entering into any contract for

the purchase of unprocessed timber from Federal lands for a

period of not more than 5 years. Such person shall also be

precluded from taking delivery of Federal timber purchased by

another party for the period of debarment.

(B) Prerequisites for debarment

(i) In general

No person may be debarred from bidding for or entering into

a contract for the purchase of unprocessed timber from

Federal lands under subparagraph (A) unless the head of the

appropriate Federal department or agency first finds, on the

record and after an opportunity for a hearing, that debarment

is warranted.

(ii) Withholding of awards during debarment proceedings

The head of an appropriate Federal department or agency may

withhold an award under sections 620 to 620j of this title of

a contract for the purchase of unprocessed timber from

Federal lands during a debarment proceeding.

(2) Cancellation of contracts

The head of the appropriate Federal department or agency under

sections 620 to 620j of this title may cancel any contract

entered into with a person found to have violated sections 620 to

620j of this title or regulations issued under sections 620 to

620j of this title.

(e) Exception

Subsections (c) and (d) of this section do not apply to

violations of section 620i of this title.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 492, Aug. 20, 1990, 104 Stat. 722;

Pub. L. 103-45, Sec. 3, July 1, 1993, 107 Stat. 226; Pub. L.

105-83, title VI, Sec. 603, Nov. 14, 1997, 111 Stat. 1620.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(2)(C). Pub. L. 105-83, Sec. 603(1), added

subpar. (C).

Subsec. (d)(1). Pub. L. 105-83, Sec. 603(2), inserted subpar. (A)

designation and heading, substituted ''Subject to subparagraph (B),

the head'' for ''The head'', and added subpar. (B).

1993 - Subsec. (a)(3), (4). Pub. L. 103-45, Sec. 3(a), added

pars. (3) and (4).

Subsec. (c)(1). Pub. L. 103-45, Sec. 3(b)(1), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(2). Pub. L. 103-45, Sec. 3(b)(2), designated existing

provisions as subpar. (A), redesignated former subpars. (A) to (C)

as cls. (i) to (iii) of subpar. (A), and added subpar. (B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 620f of this title.

-CITE-

16 USC Sec. 620e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620e. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 493, Aug. 20, 1990, 104 Stat. 723;

Pub. L. 105-83, title VI, Sec. 604, Nov. 14, 1997, 111 Stat. 1621.)

-REFTEXT-

REFERENCES IN TEXT

Sections 620 to 620j of this title, referred to in par. (11), was

in the original ''this Act'' and was translated as reading ''this

title'', meaning title IV of Pub. L. 101-382, Aug. 20, 1990, 104

Stat. 714, as amended, known as the Forest Resources Conservation

and Shortage Relief Act of 1990, which enacted sections 620 to 620j

of this title and provisions set out as notes under section 620 of

this title, to reflect the probable intent of Congress. For

complete classification of this Act to the Code, see Short Title

note set out under section 620 of this title and Tables.

-MISC2-

AMENDMENTS

1997 - Pars. (3) to (8). Pub. L. 105-83, Sec. 604(1), (2), added

pars. (3) and (4) and redesignated former pars. (3) to (6) as (5)

to (8), respectively. Former pars. (7) and (8) redesignated (9)

and (10), respectively.

Par. (9). Pub. L. 105-83, Sec. 604(1), redesignated par. (7) as

(9).

Par. (9)(B)(ix). Pub. L. 105-83, Sec. 604(3), substituted ''Pulp

logs, cull logs, and incidental volumes of grade 3 and 4 sawlogs''

for ''Pulp logs or cull logs'' and inserted ''primary'' before

''purpose'' and '', or to the extent that a small quantity of such

logs are processed, into other products at domestic processing

facilities'' before period at end.

Par. (10). Pub. L. 105-83, Sec. 604(1), redesignated par. (8) as

(10).

Par. (11). Pub. L. 105-83, Sec. 604(4), added par. (11).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620f. Regulations and review

-STATUTE-

(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) (FOOTNOTE 1) and (iii) of this title.

(FOOTNOTE 1) So in original. Probably should be section

''620e(7)(B)(ii)''.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 495, Aug. 20, 1990, 104 Stat. 725;

Pub. L. 105-83, title VI, Sec. 605, Nov. 14, 1997, 111 Stat. 1622.)

-MISC1-

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 sentence which

read as follows: ''Except as otherwise provided 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620b, 620d of this title.

-CITE-

16 USC Sec. 620g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620g. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out sections 620 to 620j of this title.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 496, Aug. 20, 1990, 104 Stat.

725.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620h. Savings provision

-STATUTE-

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 affect any timber sale contract entered into before

August 20, 1990.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 497, Aug. 20, 1990, 104 Stat.

725.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620i. Eastern hardwoods study

-STATUTE-

(a) Study

The Secretary of Commerce, in conjunction with the Secretary of

Agriculture and the Secretary 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 unprocessed hardwood timber

harvested from Federal lands or public lands east of the 100th

meridian. 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 information 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 Secretary 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 identifiable at all times before its

manufacture, and shall take such steps as each Secretary

considers appropriate to ensure that such markings are not

altered or destroyed before manufacturing.

(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 Affairs of the House of Representatives and the Committee

on Banking, Housing, and Urban Affairs of the Senate a report

describing the volume 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 beginning on January 1, 1991, the country to which such

timber is exported, and the State in which such timber was grown

and harvested.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 498, Aug. 20, 1990, 104 Stat. 725;

Pub. L. 103-437, Sec. 6(d)(35), Nov. 2, 1994, 108 Stat. 4585.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620f of this title.

-CITE-

16 USC Sec. 620j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS

-HEAD-

Sec. 620j. Authority of Export Administration Act of 1979

-STATUTE-

Nothing in sections 620 to 620j of this title shall be construed

to -

(1) prejudice the outcome of pending or prospective petitions

filed under, or

(2) warrant the exercise of the authority contained in,

section 7 of the Export Administration Act of 1979 (50 App. U.S.C.

2406) with respect to the export of unprocessed timber.

-SOURCE-

(Pub. L. 101-382, title IV, Sec. 499, Aug. 20, 1990, 104 Stat.

726.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620, 620b, 620c, 620d,

620e, 620f, 620g, 620h of this title.

-CITE-