`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2343 Enrolled Bill (ENR)]

        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
                (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.
            ``(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--
        ``(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
            ``(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).''.

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.`