Forest Resources Conservation and Shortage Relief Amendments Act of 1993
PL 103-45 (H.R.2343), enacted 07/01/1993

PUBLIC LAW 103-45—JULY 1, 1993 
107 STAT. 223 
Public Law 103-45 
103d Congress 
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 PUBUC 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) oy striking "total annual sales volume" 
and inserting "annual sales volume in that State 
of improcessed timber originating from public 
lands"; 
(C) in paragraph (3)— 
(i) by redesignating such paragraph as paragraph 
(4); and 
July 1, 1993 
[H.R. 2343] 
Forest Resources 
Conservation 
and Shortage 
Relief 
Amendments 
Act of 1993. 
16 use 620 note. 
107 STAT. 224 
PUBLIC LAW 103-45—JULY 1, 1993 
(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 improcessed timber would be used in 
substitution for exported improcessed 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 landfs 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 (1), 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 
Regulations. 
«(iv) issue such regulations as are necessary to 
carry out this section. 
PUBLIC LAW 103-45—JULY 1, 1993 
107 STAT. 225 
"(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 Secretarjr'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 Federal 
the submission of a program under paragraph (1), the ^^fp^f-
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 snail apply in that 
State in lieu of the regmations issued under subsection 
(0. 
"(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 (jovemor 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 
imtil 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— 
107 STAT. 226 
PUBLIC LAW 103-45—JULY 1, 1993 
"(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 imder which exports of unprocessed tim-
ber were permitted pursuant to an order of the Secretary of 
Commerce in efTect 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)).". 
Public lands. 
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 para^aph and inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
Reports. 
"(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 imder 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 
PUBLIC LAW 103-45—JULY 1, 1993 
107 STAT. 227 
"(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— 
16 use 620d. 
(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 m 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 imder 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).". 
107 STAT. 228 
PUBLIC LAW 103-45—JULY 1, 1993 
16 u s e 620c 
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. 
Approved July 1, 1993. 
LEGISLATIVE HISTORY—H.R. 2343: 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
June 14, considered and passed House. 
June 17, considered and passed Senate.