Legislación
US (United States) Code. Title 16. Chapter 4: Protection of timber and depredations
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16 USC CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
.
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CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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 Repealed.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 Repealed.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 Repealed.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.
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16 USC Sec. 591, 592 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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Sec. 591, 592. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.
1349
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Sections, R.S. Sec. 2458, 2459, related to lands producing live
oak and red cedar timbers needed by Navy.
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16 USC Sec. 593 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.)
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CODIFICATION
R.S. Sec. 2460 derived from act Feb. 23, 1882, ch. 9, 3 Stat.
651.
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16 USC Sec. 594 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.)
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16 USC Sec. 594-1 to 594-5 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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
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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.
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16 USC Sec. 594a 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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
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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.
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16 USC Sec. 595, 596 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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Sec. 595, 596. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.
1349
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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.
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16 USC Sec. 597 to 600 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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Sec. 597 to 600. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
1028
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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.
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16 USC Sec. 601 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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Sec. 601. Disposition of moneys collected for depredations
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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.)
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16 USC Sec. 602 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.)
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16 USC Sec. 603 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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Sec. 603. Omitted
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CODIFICATION
Section, act June 3, 1878, ch. 151, Sec. 5, 20 Stat. 90, related
to prosecutions for violating former section 595 of this title.
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16 USC Sec. 604 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.)
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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.
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16 USC Sec. 605 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 606 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 607 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 607a 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 608 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 609 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 610 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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.
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16 USC Sec. 611 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
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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
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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
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.