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 provi-
sion 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 provi-
sion 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 originat-
ing 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 Sec-
retary of Commerce with notification of a prior program
under subparagraph (C) of subsection (d)(2),
‘‘(ii) the Secretary of Commerce approves a pro-
gram of that State under subparagraph (A) of sub-
section (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 sub-
sections (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 Con-
servation 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.
H. R. 2343—3
‘‘(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 Fed-
eral 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.—Notwith-
standing 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 sub-
section (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 submit-
ted 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 admin-
ister 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 require-
ments 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 sub-
section (c). Such Governor may submit, with such notifica-
tion, 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 tim-
ber 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 Con-
servation 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 con-
tained 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 admin-
istering 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.