II

103D CONGRESS

1ST SESSION H. R. 2343

IN THE SENATE OF THE UNITED STATES

JUNE 14 (legislative day, JUNE 10), 1993

Received

AN ACT

To amend the Forest Resources Conservation and Shortage

Relief Act of 1990 to permit States to adopt timber

export programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Forest Resources Con5 servation and Shortage Relief Amendments Act of 1993’’.
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1 SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIM2 BER FROM STATE AND OTHER PUBLIC

3 LANDS.

4 Section 491 of the Forest Resources Conservation

5 and Shortage Relief Act of 1990 (16 U.S.C. 620c) is

6 amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘(e)’’ and inserting ‘‘(g)’’;

9 and

10 (B) by striking ‘‘in the amounts specified’’

11 and inserting ‘‘as provided’’;

12 (2) in subsection (b)—

13 (A) in paragraph (1)—

14 (i) by inserting ‘‘, notwithstanding

15 any other provision of law,’’ after ‘‘pro16 hibit’’; and

17 (ii) by striking ‘‘not later than 21

18 days after the date of the enactment of

19 this Act’’ and inserting ‘‘, effective June 1,

20 1993’’;

21 (B) in paragraph (2)—

22 (i) by striking subparagraph (A) and

23 inserting the following new subparagraph:

24 ‘‘(A) The Secretary of Commerce shall

25 issue an order referred to in subsection (a) to

26 prohibit, notwithstanding any other provision of
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1 law, the export of unprocessed timber originat2 ing from public lands, effective during the pe3 riod beginning on June 1, 1993, and ending on

4 December 31, 1995.’’;

5 (ii) by striking subparagraphs (B) and

6 (C); and

7 (iii) in subparagraph (D)—

8 (I) by redesignating such sub9 paragraph as subparagraph (B); and

10 (II) by striking ‘‘total annual

11 sales volume’’ and inserting ‘‘annual

12 sales volume in that State of unproc13 essed timber originating from public

14 lands’’;

15 (C) in paragraph (3)—

16 (i) by redesignating such paragraph

17 as paragraph (4); and

18 (ii) by striking ‘‘States pursuant to

19 this title’’ and inserting ‘‘the Secretary of

20 Commerce pursuant to this title and the

21 effectiveness of State programs authorized

22 under subsection (d)’’; and

23 (D) by inserting after paragraph (2) the

24 following new paragraph:

25 ‘‘(3) PROHIBITION ON SUBSTITUTION.—
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1 ‘‘(A) PROHIBITION.—Subject to subpara2 graph (B), each order of the Secretary of Com3 merce under paragraph (1) or (2) shall also

4 prohibit, notwithstanding any other provision of

5 law, any person from purchasing, directly or in6 directly, unprocessed timber originating from

7 public lands in a State if—

8 ‘‘(i) such unprocessed timber would be

9 used in substitution for exported unproc10 essed timber originating from private lands

11 in that State; or

12 ‘‘(ii) such person has, during the pre13 ceding 24-month period, exported unproc14 essed timber originating from private lands

15 in that State.

16 ‘‘(B) EXEMPTION.—The prohibitions re17 ferred to in subparagraph (A) shall not apply in

18 a State on or after the date on which—

19 ‘‘(i) the Governor of that State pro20 vides the Secretary of Commerce with noti21 fication of a prior program under subpara22 graph (C) of subsection (d)(2),

23 ‘‘(ii) the Secretary of Commerce ap24 proves a program of that State under sub25 paragraph (A) of subsection (d)(2), or
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1 ‘‘(iii) regulations of the Secretary of

2 Commerce issued under subsection (c) to

3 carry out this section take effect,

4 whichever occurs first.’’;

5 (3) by redesignating subsections (e) through (j)

6 as subsections (g) through (l), respectively; and

7 (4) by striking subsections (c) and (d) and in8 serting the following:

9 ‘‘(c) FEDERAL PROGRAM.—

10 ‘‘(1) ADMINISTRATION BY THE SECRETARY OF

11 COMMERCE.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary of Commerce shall, as

14 soon as possible after the date of the enactment

15 of the Forest Resources Conservation and

16 Shortage Relief Amendments Act of 1993—

17 ‘‘(i) determine the species, grades,

18 and geographic origin of unprocessed tim19 ber to be prohibited from export in each

20 State that is subject to an order issued

21 under subsection (a);

22 ‘‘(ii) administer the prohibitions con23 sistent with this title;

24 ‘‘(iii) ensure that the species, grades,

25 and geographic origin of unprocessed tim-
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1 ber prohibited from export within each

2 State is representative of the species,

3 grades, and geographic origin of timber

4 comprising the total timber sales program

5 of the State; and

6 ‘‘(iv) issue such regulations as are

7 necessary to carry out this section.

8 ‘‘(B) EXEMPTION.—The actions and regu9 lations of the Secretary under subparagraph

10 (A) shall not apply with respect to a State that

11 is administering and enforcing a program under

12 subsection (d).

13 ‘‘(2) COOPERATION WITH OTHER AGENCIES.—

14 The Secretary of Commerce is authorized to enter

15 into agreements with Federal and State agencies

16 with appropriate jurisdiction to assist the Secretary

17 in carrying out this title.

18 ‘‘(d) AUTHORIZED STATE PROGRAMS.—

19 ‘‘(1) AUTHORIZATION OF NEW STATE

20 PROGRAMS.—Notwithstanding subsection (c), the

21 Governor of any State may submit a program to the

22 Secretary of Commerce for approval that—

23 ‘‘(A) implements, with respect to unproc24 essed timber originating from public lands in

25 that State, the prohibition on exports set forth
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1 in the Secretary’s order under subsection (a);

2 and

3 ‘‘(B) ensures that the species, grades, and

4 geographic origin of unprocessed timber prohib5 ited from export within the State is representa6 tive of the species, grades, and geographic ori7 gin of timber comprising the total timber sales

8 program of the State.

9 ‘‘(2) APPROVAL OF STATE PROGRAMS.—

10 ‘‘(A) PROGRAM APPROVAL.—Not later

11 than 30 days after the submission of a program

12 under paragraph (1), the Secretary of Com13 merce shall approve the program unless the

14 Secretary finds that the program will result in

15 the export of unprocessed timber from public

16 lands in violation of this title and publishes that

17 finding in the Federal Register.

18 ‘‘(B) STATE PROGRAM IN LIEU OF FED19 ERAL PROGRAM.—If the Secretary of Commerce

20 approves a program submitted under paragraph

21 (1), the Governor of the State for which the

22 program was submitted, or such other official

23 of that State as the Governor may designate,

24 may administer and enforce the program, which
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1 shall apply in that State in lieu of the regula2 tions issued under subsection (c).

3 ‘‘(C) PRIOR STATE PROGRAMS.—Not later

4 than 30 days after the date of the enactment of

5 the Forest Resources Conservation and Short6 age Relief Amendments Act of 1993, the Gov7 ernor of any State that had, before May 4,

8 1993, issued regulations under this subsection

9 as in effect before May 4, 1993, may provide

10 the Secretary of Commerce with written notifi11 cation that the State has a program that was

12 in effect on May 3, 1993, and that meets the

13 requirements of paragraph (1). Upon such noti14 fication, that State may administer and enforce

15 that program in that State until the end of the

16 9-month period beginning on the date on which

17 the Secretary of Commerce issues regulations

18 under subsection (c), and that program shall,

19 during the period in which it is so administered

20 and enforced, apply in that State in lieu of the

21 regulations issued under subsection (c). Such

22 Governor may submit, with such notification,

23 the program for approval by the Secretary

24 under paragraph (1).
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1 ‘‘(e) PRIOR CONTRACTS.—Nothing in this section

2 shall apply to—

3 ‘‘(1) any contract for the purchase of unproc4 essed timber originating from public lands that was

5 entered into before—

6 ‘‘(A) September 10, 1990, with respect to

7 States with annual sales volumes of

8 400,000,000 board feet or less; or

9 ‘‘(B) January 1, 1991, with respect to

10 States with annual sales volumes greater than

11 400,000,000 board feet; or

12 ‘‘(2) any contract under which exports of un13 processed timber were permitted pursuant to an

14 order of the Secretary of Commerce in effect under

15 this section before October 23, 1992.

16 ‘‘(f) WESTERN RED CEDAR.—Nothing in this section

17 shall be construed to supersede section 7(i) of the Export

18 Administration Act of 1979 (50 U.S.C. App. 2406(i)).’’.

19 SEC. 3. MONITORING AND ENFORCEMENT.

20 (a) MONITORING.—Section 492(a) of the Forest Re21 sources Conservation and Shortage Relief Act of 1990 (16

22 U.S.C. 620d(a)) is amended—

23 (1) in paragraph (1), by striking ‘‘and’’ at the

24 end of the paragraph;
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1 (2) in paragraph (2), by striking the period at

2 the end of the paragraph and inserting a semicolon;

3 and

4 (3) by adding at the end the following new

5 paragraphs:

6 ‘‘(3) each person who acquires, either directly

7 or indirectly, unprocessed timber originating from

8 public lands in a State that is subject to an order

9 issued by the Secretary of Commerce under section

10 491(a), other than a State that is administering and

11 enforcing a program under section 491(d), shall re12 port the receipt and disposition of the timber to the

13 Secretary of Commerce, in such form as the Sec14 retary may by rule prescribe, except that nothing in

15 this paragraph shall be construed to hold any person

16 responsible for reporting the disposition of any tim17 ber held by subsequent persons; and

18 ‘‘(4) each person who transfers to another per19 son unprocessed timber originating from public

20 lands in a State that is subject to an order issued

21 by the Secretary of Commerce under section 491(a),

22 other than a State that is administering and enforc23 ing a program under section 491(d), shall, before

24 completing the transfer—
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1 ‘‘(A) provide to such other person a writ2 ten notice, in such form as the Secretary of

3 Commerce may prescribe, that shall identify the

4 public lands from which the timber originated;

5 and

6 ‘‘(B) receive from such other person—

7 ‘‘(i) a written acknowledgment of the

8 notice, and

9 ‘‘(ii) a written agreement that the re10 cipient of the timber will comply with the

11 requirements of this title,

12 in such form as the Secretary of Commerce

13 may prescribe; and

14 ‘‘(C) provide to the Secretary of Commerce

15 copies of all notices, acknowledgments, and

16 agreements referred to in subparagraphs (A)

17 and (B).’’.

18 (b) CIVIL PENALTIES.—Section 492(c) of the Forest

19 Resources Conservation and Shortage Relief Act of 1990

20 is amended—

21 (1) in paragraph (1)—

22 (A) by inserting ‘‘(A)’’ before ‘‘If the Sec23 retary’’; and

24 (B) by adding at the end the following:
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1 ‘‘(B)(i) Subject to clause (ii), if the Secretary of

2 Commerce finds, on the record and after an oppor3 tunity for a hearing, that a person, with willful dis4 regard for the restrictions contained in an order of

5 the Secretary under section 491(a) on exports of un6 processed timber from public lands, exported or

7 caused to be exported unprocessed timber originat8 ing from public lands in violation of such order, the

9 Secretary may assess against such person a civil

10 penalty of not more than $500,000 for each viola11 tion, or 3 times the gross value of the unprocessed

12 timber involved in the violation, whichever amount is

13 greater.

14 ‘‘(ii) Clause (i) shall not apply with respect to

15 exports of unprocessed timber originating from pub16 lic lands in a State that is administering and enforc17 ing a program under section 491(d).’’; and

18 (2) in paragraph (2)—

19 (A) by redesignating subparagraphs (A),

20 (B), and (C) as clauses (i), (ii), and (iii), re21 spectively;

22 (B) by inserting ‘‘(A)’’ before ‘‘If the Sec23 retary’’; and

24 (C) by adding at the end the following:
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1 ‘‘(B)(i) Subject to clause (ii), if the Secretary of

2 Commerce finds, on the record and after an oppor3 tunity for a hearing, that a person has violated, on

4 or after June 1, 1993, any provision of this title or

5 any regulation issued under this title relating to the

6 export of unprocessed timber originating from public

7 lands (whether or not the violation caused the export

8 of unprocessed timber from public lands in violation

9 of this title), the Secretary may assess against such

10 person a civil penalty to the same extent as the Sec11 retary concerned may impose a penalty under clause

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

13 ‘‘(ii) Clause (i) shall not apply with respect to

14 unprocessed timber originating from public lands in

15 a State that is administering and enforcing a pro16 gram under section 491(d).’’.

17 SEC. 4. SEVERABILITY.

18 If any provision of this Act or the amendments made

19 by this Act, or the application thereof to any person or

20 circumstance is held invalid, the remainder of this Act and

21 such amendments and the application of such provision

22 to other persons not similarly situated or to other cir23 cumstances shall not be affected by such invalidation.

Passed the House of Representatives June 14, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.