I
103D CONGRESS
1ST SESSION
H. R. 2343
To amend the Forest Resources Conservation and Shortage Relief Act of
1990 to permit States to adopt timber export programs, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
Mrs. UNSOELD (for herself, Ms. CANTWELL, Mr. DEFAZIO, Mr. DICKS, Ms.
DUNN, Ms. FURSE, Mr. HAMBURG, Mr. INSLEE, Mr. KOPETSKI, Mr.
KREIDLER, Mr. LAROCCO, Mr. MCDERMOTT, Mr. SMITH of Oregon, Mr.
SWIFT, Mr. WILLIAMS, and Mr. WYDEN) introduced the following bill;
which was referred jointly to the Committees on Foreign Affairs, Agri-
culture, and Natural Resources
A BILL
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
shall apply in that State in lieu of the regula-
tions 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 Short-
age Relief Amendments Act of 1993, the Gov-
ernor 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 notifi-
cation that the State has a program that was
in effect on May 3, 1993, and that meets the
requirements of paragraph (1). Upon such noti-
fication, 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 that 9-month period, apply in that State
in lieu of the regulations issued under sub-
section (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 unproc-
essed timber from public lands that was entered into
before October 24, 1990; or
‘‘(2) any contract under which exports of un-
processed 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 Re-
sources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620d(a)) is amended—
(1) 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 re-
port the receipt and disposition of the timber to the
Secretary of Commerce, in such form as the Sec-
retary may by rule prescribe, except that nothing in
this paragraph shall be construed to hold any person
responsible for reporting the disposition of any tim-
ber held by subsequent persons; and
‘‘(4) each person who transfers to another per-
son 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 enforc-
ing a program under section 491(d), shall, before
completing the transfer—
‘‘(A) provide to such other person a writ-
ten 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 re-
cipient 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—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ before ‘‘If the Sec-
retary’’; 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 oppor-
tunity for a hearing, that a person, with willful dis-
regard for the restrictions contained in an order of
the Secretary under section 491(a) on exports of un-
processed timber from public lands, exported or
caused to be exported unprocessed timber originat-
ing 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 viola-
tion, 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 pub-
lic lands in a State that is administering and enforc-
ing 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), re-
spectively;
(B) by inserting ‘‘(A)’’ before ‘‘If the Sec-
retary’’; and
(C) by adding at the end the following:
‘‘(B)(i) Subject to clause (ii), if the Secretary
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 un-
processed 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.
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