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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Forest Resources Con-
servation and Shortage Relief Amendments Act of 1993’’.
SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIM-
BER 
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 ‘‘pro-
hibit’’; 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 originat-
ing from public lands, effective during the pe-
riod 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 sub-
paragraph as subparagraph (B); and
(II) by striking ‘‘total annual
sales volume’’ and inserting ‘‘annual
sales volume in that State of unproc-
essed 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 subpara-
graph (B), each order of the Secretary of Com-
merce under paragraph (1) or (2) shall also
prohibit, notwithstanding any other provision of
law, any person from purchasing, directly or in-
directly, unprocessed timber originating from
public lands in a State if—
‘‘(i) such unprocessed timber would be
used in substitution for exported unproc-
essed timber originating from private lands
in that State; or
‘‘(ii) such person has, during the pre-
ceding 24-month period, exported unproc-
essed timber originating from private lands
in that State.
‘‘(B) EXEMPTION.—The prohibitions re-
ferred to in subparagraph (A) shall not apply in
a State on or after the date on which—
‘‘(i) the Governor of that State pro-
vides the Secretary of Commerce with noti-
fication of a prior program under subpara-
graph (C) of subsection (d)(2),
‘‘(ii) the Secretary of Commerce ap-
proves a program of that State under sub-
paragraph (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 in-
serting the following:
‘‘(c) FEDERAL PROGRAM.—
‘‘(1) ADMINISTRATION BY THE SECRETARY OF
COMMERCE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 tim-
ber to be prohibited from export in each
State that is subject to an order issued
under subsection (a);
‘‘(ii) administer the prohibitions con-
sistent with this title;
‘‘(iii) ensure that the species, grades,
and geographic origin of unprocessed tim-
ber 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 regu-
lations 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 unproc-
essed 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 prohib-
ited from export within the State is representa-
tive of the species, grades, and geographic ori-
gin 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 Com-
merce 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 FED-
ERAL 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
‘‘(B)(i) Subject to clause (ii), if the Secretary of
Commerce finds, on the record and after an oppor-
tunity 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 Sec-
retary 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 pro-
gram 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 cir-
cumstances shall not be affected by such invalidation.
Passed the House of Representatives June 14, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.