H. R. 2343

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Forest Resources Conservation

and Shortage Relief Amendments Act of 1993’’.

SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM

STATE AND OTHER PUBLIC LANDS.

Section 491 of the Forest Resources Conservation and Shortage

Relief Act of 1990 (16 U.S.C. 620c) is amended—

(1) in subsection (a)—

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

(B) by striking ‘‘in the amounts specified’’ and inserting

‘‘as provided’’;

(2) in subsection (b)—

(A) in paragraph (1)— (i) by inserting ‘‘, notwithstanding any other provision of law,’’ after ‘‘prohibit’’; and

(ii) by striking ‘‘not later than 21 days after the

date of the enactment of this Act’’ and inserting ‘‘,

effective June 1, 1993’’;

(B) in paragraph (2)— (i) by striking subparagraph (A) and inserting the

following new subparagraph:

‘‘(A) The Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding

any other provision of law, the export of unprocessed timber

originating from public lands, effective during the period

beginning on June 1, 1993, and ending on December 31,

1995.’’;

(ii) by striking subparagraphs (B) and (C); and

(iii) in subparagraph (D)—

(I) by redesignating such subparagraph as

subparagraph (B); and

(II) by striking ‘‘total annual sales volume’’

and inserting ‘‘annual sales volume in that State

of unprocessed timber originating from public

lands’’;

(C) in paragraph (3)—

(i) by redesignating such paragraph as paragraph

(4); and
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(ii) by striking ‘‘States pursuant to this title’’ and

inserting ‘‘the Secretary of Commerce pursuant to this

title and the effectiveness of State programs authorized

under subsection (d)’’; and

(D) by inserting after paragraph (2) the following new

paragraph:

‘‘(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),

‘‘(ii) the Secretary of Commerce approves a program of that State under subparagraph (A) of subsection (d)(2), or

‘‘(iii) regulations of the Secretary of Commerce

issued under subsection (c) to carry out this section

take effect,

whichever occurs first.’’;

(3) by redesignating subsections (e) through (j) as subsections (g) through (l), respectively; and

(4) by striking subsections (c) and (d) and inserting the

following:

‘‘(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

the date of the enactment of the Forest Resources Conservation and Shortage Relief Amendments Act of 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);

‘‘(ii) administer the prohibitions consistent with

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.
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‘‘(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).

‘‘(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 this title.

‘‘(d) AUTHORIZED STATE PROGRAMS.—

‘‘(1) AUTHORIZATION OF NEW STATE PROGRAMS.—Notwithstanding subsection (c), 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); 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 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).

‘‘(C) PRIOR STATE PROGRAMS.—Not later than 30 days

after the date of the enactment of the Forest Resources

Conservation and Shortage Relief Amendments Act of 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), 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). 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—
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‘‘(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 7(i) of the Export Administration

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

SEC. 3. MONITORING AND ENFORCEMENT.

(a) MONITORING.—Section 492(a) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is

amended—

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

paragraph;

(2) in paragraph (2), by striking the period at the end

of the paragraph and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

‘‘(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 491(a), other than a State that is administering

and enforcing a program under section 491(d), 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 491(a), other than a State that is administering

and enforcing a program under section 491(d), 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 this title,

in such form as the Secretary of Commerce may prescribe;

and
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‘‘(C) provide to the Secretary of Commerce copies of

all notices, acknowledgments, and agreements referred to

in subparagraphs (A) and (B).’’.

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

Conservation and Shortage Relief Act of 1990 is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(A)’’ before ‘‘If the Secretary’’; and

(B) by adding at the end the following:

‘‘(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 491(a) 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

491(d).’’; and

(2) in paragraph (2)—

(A) by redesignating subparagraphs (A), (B), and (C)

as clauses (i), (ii), and (iii), respectively;

(B) by inserting ‘‘(A)’’ before ‘‘If the Secretary’’; and

(C) by adding at the end the following: ‘‘(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 this title or any regulation issued under 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 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 491(d).’’.
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SEC. 4. SEVERABILITY.

If any provision of this Act 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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.