Approved Code No. 9-Amendment No. 5 Registry No. 313-1-06 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

LUMBER-AND TIMBER 

PRODUCTS INDUSTRY 

AS APPROVED ON MARCH 23, 1934 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

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Approved Code No. 9-Amendment No. 5 

AMENDMENT TO CODE 011' FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on March 23, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

AME.NDMENTS TO THE CooE OF FAIR CoMPETITION FOR THE LUMBER 

AND TIMBER PRODUCTS INDUSTRY 

An application having been made by the Lumber Code Authority 

pursuant to and in full compliance with the provisions of Title I 

of the National Industrial Recovery Act, approved June 16, 1933, 

for amendment of the Code of Fair Competition for the Lumber 

and Timber Products Industries, as heretofore approved by me, 

and for the modification of my approval of said Code of Fair 

Competition accordingly, and hearings having been held thereon, 

and the Administrator having rendered his report recommending 

the granting of such application, which carries out the forest conservation provisions of Article X of said Code: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I 

of the National Industrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and approve the report of the Administrator 

recommending the granting of the aforesaid application, and do 

order that the Code of Fair Competition for the Lumber and Timber 

Products Industries, as approved by me on August 19, 1933, be 

amended in accordance with the foregoing. 

FRANKLIN D. ROOSEVELT. 

Approval reco1mnended: 

HuoH S. J OHNSoN, 

Adniinistrator. 

THE WHITE HousE, 

March 23, 1934,. 

48308°-425-138-34 (1) 
LETTER OF TRA MITTAL 

The PRESIDE T, 

The White House. 

SrR: Under the Code of Fair Competition for the Lumb r and 

Timber Products Industries, as approved by you on Augu t 19, 

1933, the Lumber Code Authority has submitted Amendments os. 

47 and 48 which are included and attached. 

This is a report of the hearing on the foregoing mendment conducted in Washington on February 26, 1934, in accordance with the 

provisions of the National Industrial Recovery Act. 

These Amendments recognize the obligation undertaken by the 

applicant industries pursuant to Article X of the Code which 

reads as follows : 

"ARTICLE X. 0 onservation and Sustained Prod1wtion of Forest 

Re 011/rces.-The applicant industries undertake, in cooperation with 

public and other agencies, to carry out such practicable mea ures 

as m.ay be necessary for the declared purposes of thi Code in re pect 

of conservation and sustained production of fore t re ource . The 

applicant industries shall forthwith r equest a conference with the 

Secretary of Agriculture and such State and other public and other 

agencies as he may designate. Said conference shall be reque ted to 

make to the Secretary of Agriculture recommendations of public 

measures with the request that he transmit them, with his recommendations, to the President; and to make recommendations for 

industrial action to the Authority, which shall promptly take such 

action, and shall submit to the President such supplements to this 

Code, as it determines to be necessary and feasible to give effect to 

said declared purposes. Such supple111ents shall provide for the initiation and administration of said measures necessary for the con er-vation and sustained production of forest resources, by the industries 

within each Division, in cooperation with the appropriate State and 

Federal authorities. To the extent that said conference may determine that said measures require the cooperation of federal, state, 

or other public agencies, said measures 1nay to that extent be made 

contingent upon such cooperation of public agencie ." 

From the testimony taken at the hearing, it is apparent that th e 

Amendment represent a tremendous step toward the establi hmcnt 

of effective mechanisms necessary to carrying out a ucce s£nl program of conservation and sustained production in one of the r ati n s 

most important natural resources. s you know o well th mean~ 0£ embarkina on such a program has long been ouaht in thi. Country, but the divergent interests involv cl while ekin<Y a mmon goal, defeated each other in its attainment by failing to re ncile th ir opinion in the matter of 1etail. In the light of thi ~ 

knowledge, the unanimity of opinion ·u1 portino- thc~e prop al · 

r vealed at the hearing can only be r gar :led as promi ing mu h in 

I 

(2) 
future achievement. That this reconciliation has t een possible is 

undoubtedly due more to your interest and leadership than to any 

other force. 

The Deputy Administrator in his final report to me on said 

Amendments to said Code having found as herein set forth and on 

the basis of all the proceedings iu this matter; 

I find that: 

(a) The Amendments to said Code and the Cocle as amended are 

well designed to promote the policies and purposes of Title I of 

the National Industrial Recovery Act including the removal of 

obstructions to the free flow of interstate and foreign commerce 

which tend to diminish the amount thereof, and will provide for 

the general welfare by promoting the organization of industry for 

the purpose of cooperative action among trade groups, by inducing 

and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair 

competitive practices, by promoting the fullest possible utilization 

of the present productive capacity of industries, by avoiding undue 

restrictions of production ( except as may be temporarily required), 

by increasing the consumption of industrial and agricultural 

products through increasing purchasing power, by reducing ancl 

relieving unemployment, by improving standards of labor, and by 

otherwise rehabilitating industry. 

(b) The Code as a¥lended complies in all respects with the pertinent provisions of said Title of said Act, including without 

limitation Subsection (a) of Section 3, Subsection (a) of Section 7 

and Subsection (b) of Section 10 thereof. 

( c) The Code empowers the Code Authority to present the aforesaid Amendments on behalf of the industry as a whole. 

(cl) The Amendments and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

( e) The Amendments and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

( f) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of 

said Amendments. 

From evidence adduced during this hearing and from recommendations and reports of the various Advisory Boards, it is believed 

that these Amendments as now proposed and revised are satisfactory to this industry, labor, public and this Administration. It is 

recommended, therefore, that these Amendments, as herewith submitted, be approved. 

Respectfully, 

M.ARCH 21, 1934. 

HUGH s. JOHNSON, 

Administrator. 
.Al.ill D IE T TO ODE OF FAIR O IPETITIO 

L !BER A D TIMBER PR D T I D 

FOR THE 

TRY 

Add th following n w " chedule C" to the de of Fair C mpetition for the Lumber and Timber Produ ·t Indu tri s : 

CHEDDLE G-FonE T Co ERVATIO 

The followino- supplem nt to Article X provide for the in_itiation 

and admini tration of measures neces ary for the c n ervat10n and 

su tained production of forest resource by person within a h Diviion and Subdivision in cooperation with the appropriate tate and 

Federal Authorities, it being recognized that th xtent to which 

the ·e und rtakings by the lumber and timber pr ducts indu -trie 

are apable of successful accomplishment i depenclent upon the 

extent and character of public cooperation in each state. 

SECTION 1. Each Division and each Subdivi ion havinrr juri di - tion over fore t utilization operations shall establi h or d ignatc an 

agency or agencies to formulate and from time to time to revi e rule 

of forest practice, and to exercise general supervision over the application and enforcement thereof in the operations of the persons of 

the re pective Division and Subdivisions. Such agencies shall hav 

a non-voting, advisory members one repre entative of each of the 

State and Federal organizations which have definite respon ibility 

under State and Federal laws for fore try or forest protection practice within the several Divisions and Subdivisions. Each Division 

an<l each ubdivision shall provide such technical and other qualified 

per onnel a may be required to furnish nece ary information to 

aid agencie and persons, to in pect the fore t operations of said 

per on , to enforce such rules of fore t practice, and otherwise to 

carry out the purposes of this Schedule, under the said general uperyi ion of aid agencies. On or before pril 15, 1934, each uch 

agency hall formulate uch rules of fore t practi e and shall ubmit 

them through the appropriate channel to the Authority for it approval provided, however, that prior to or at the time of the submi -

sion of uch Rules of Forest Practice to the Authority for it.5 

approval, uch agency hall publish such rule in its Divi ion or 

Subdivi ion and hall take uch steps a are rea onably calculated to 

n tify all a:ff ctcd partie of the provi i n thereof and that obj ction to or criticism of such rule may be fil d with it or the Authority 

within fifteen day after the date of publi ation. fter u h approval the uthority hall publi h parat ly for ach Division and 

ubdivi ion, an l hall ubmit to the A lmini trator tog th r with a 

ummary of objection filed, approv cl for st practi rnl , which, 

on and after June 1, 1934, unle. prior t that lat u h rnl . , hall 

hav be n su pend d r di approv d by th dministrator hall b 

obligatory for all p r ons ·ubj d to th juri ·<liction of th aid 

(4) 
5 

Divisions and Subdivisions, respectively. Upon application by a 

Division or Subdivision, or upon its own initiatve to secure compliance with this Schedule and equal application thereof without and 

between the several Divisions and Subdivisions, the Authority may 

amend such rules of forest practice; such amendments shall be published by the Authority, together with a notice that objections to or 

criticisms of such amendments may be filed with the Authority within 

fifteen (15) days after the publication thereof and shall be submitted 

to the Administrator, together with a summary of the objections and 

criticisms filed with it, and shall be effective thirty days after the 

date of such publication, unless prior to that date such amendments 

shall have been suspended or disapproved by the Administrator. 

SECTION 2. Said rules of forest practice, to insure the conservation 

and sustained production of forest resources, shall include practicable 

measures to be taken by the operators to safeguard timber and young 

growing stock from injury by fire and other destructive forces, to 

prevent damage to young trees during logging operations, to provide 

for restocking the land after logging if sufficient advance growth 

is not already :present, and wliere feasible, to leave some portion of 

merchantable timber (usually the less mature trees) as a basis for 

growth and the next timber crop. Said rules of forest practice shall 

be adequate to secure the purposes of this Schedule, and in a practical way in accordance with conditions existing in the respective 

Divisions and Subdivisions shall secure application of the following 

principles : 

(a) Fire protection during and immediately following logging is 

an indispensable condition for forest regrowth. Responsibility for 

adequate provision for control of fires during or immediately following logging operations rests upon the individual operator if he is in 

any way the cause of such fires. Each operator shall be definitely 

respon ible for taking practical measures of fire control. Such measures shall, to the extent necessary to provide adequate protection, 

include slash and snag disposal, rules as to use of fire by employees 

including smoking in the woods, equipment of logging locomotives 

and engines "ith adequate devices for preventing fires, having available upon call crews properly equipped to fight fires, closing operations during exceptionally dry periods, and other precautionary 

measures. ,vhere a general fire protection system is in effect, each 

operator shall correlate his protection system with the general system, but such general system shall not replace the protection system 

of such operator, nor shall it relieve him of responsibility for protecting his own property to the extent that he has created the hazard. 

He shall not be considered to be responsible for fire caused by public 

carelessness or by inadequate public protection. 

(b) To the end that protection against fire and other destructive 

forces may be rapidly extended to all forest areas that require protection, said agencies shall endeavor to secure action on the part of 

all operating forest land owners in the direction of cooperating with 

public organizations in systematic fire prevention and suppression 

and such protective action as may be practicable for protection 

against insects and diseases. Such agencies shall also seek to secure 

such cooperation on the part of non-operating forest land owners. 
6 

( ) A mu b a pra ti abl of the advance growing tock upon the 

lantl in th form f y uno- trees of valuable speci s b low merchantable ize ball l pr erv d during loO'ging operation and left without injur for futur growth. Each operator shall require his 

wo d mploy e to x rci e con cious are to reduce damage to 

advan growth to the minimum pra ticable. 

( d) To e ure natural reproduction, which will u ually be obtained here partial cutting is practiced, there shall be left on the 

log ed area where economic and other conditions p rmit, a uflicient number of trees of de irable pecies to yield a commercial cut 

at reasonable int rval . Under certain condition , in tead of partial cutting the leaving of eed tr es or groups of seed tree on or 

adjacent to logged areas may be sufficient to in ure the required regrowth on the logged areas. If there is an insufficient reserve 

stand, or if conditions are otherwise ad verse and the pro pects of 

securing natural reseeding are uncertain, planting may be desirable. 

( e) To the extent practicable, partial cutting or selective logging 

shall be the general standard for local measures of forest practice. 

Said agencies shall without delay, making use of existing information, undertake to determine by regions or by forest types, the extent to which merchantable sizes of trees may wisely be left as part 

of the forest growing stock. Upon satisfactory determination of 

such conditions said agencies shall promptly establish standards of 

practice looking to the attainment of this objective. 

In certain regions or forest types, and under certain conditions 

whicp do not Justify partial cutting or selective logging, other 

methods shall be allowed. 

These rules of forest practice shall also apply to persons whose 

operations are in timber held under " lease " or " timber cutting 

rights" existing prior to the date of the President's approval of this 

Schedule, provided that due consideration shall be given to the 

ownership equities involved in order to avoid causing such persons 

unreasonable hardship by requiring the leaving of trees of merchantable sizes. 

(f) In order to provide flexibility, each operator shall be encouraged to communicate to his agency the methods which he proposes 

as best suited in his individual operation to achieve the declared 

objectives of conservation and sustained production of forest resources, and if such proposed methods are determined by said 

agency to equal or excel the regional or type standard methods, 

they hall be approved in lieu thereof. This in effect permits modification of regional or type standards upon submission and approval 

of specific individual management plan5. 

(g) Said agencies shall, each within its own jurisdiction, investigate the feasibility of and shall actively encourage the application 

of sustained yield forest management wherever feasible. Su tained 

yield forest management is defined as management of pecific fore t 

lands under single ownership or cooperative control within an economic unit, under definite management plan which limits timber 

cutting to the capacity of such forest lands under exi ting methods 

of management, as determined from existincr growing stock and 

growth, to provide without interruption or substantial reduction raw 

material for industry and community support. 
7 

(h) Schedule C and the rules of forest practice and any other 

rules and regulations adopted pursuant thereto, being adopted in 

order to give effect in the public interest to the declared purposes 

of Article X may be enforced only by the United States through its 

appropriate enforcement agencies or officers. Nothing contained in 

this Schedule, or in the rules of forest practice or in any other rule 

or regulation adopted pursuant thereto, shall be construed to enlarge, 

increase, change or affect the legal duty, liability or responsibility 

of any person subject to the jurisdiction of this code to any other 

person, firm or corporation, whether or not the latter is subject to 

the jurisdiction of this Code, or to give to any such person, firm or 

corporation any right of action against any person subject to the 

jurisdiction of this code which would not have existed if this Schedule had not been adopted. 

Amend Article VIII (k) by adding the :following new paragraph 

at the end thereof : 

"Pursuant to the :foregoing each eligible person who makes application to be recognized as sec_uring his raw material supply from 

forest lands under his ownership or control which are managed on 

a sustained yield basis, and who secures from his Division or Subdivision agency established or designated as provided in Section 1 

of Schedule C a certificate showing that he is in good faith conducting his operation upon such basis, shall have his production 

allotments, as determined without the benefit of this paragraph, 

increased by 10 per cent. If only part of his raw material supply 

comes from such sustained yield operation, his increased allotment 

shall be that proportion of 10 per cent which the volume of his raw 

material coming from such sustained yield operation is of his total 

volume. Sustained yield forest management is defined in Section 2 (g) of Schedule C. The additional production allotmentg 

provided for in this paragraph shall come from the total national 

production quota." 

Approved Code No. 9. Amendment No. 5. 

Registry No. 313-1---06. 

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UNIVERSITY OF FLORIDA 

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