Washington Administrative Code › Title 240 - Governor, Office of the › Chapter 240-15 - Log export restrictions › GENERAL › Section 240-15-010 - Authority and definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicability. This chapter shall apply to the sale of timber originating from
				public lands in the state of Washington, when such timber is subject to an
				order issued by the Secretary of Commerce of the United States under section
				491(a) of the
				Forest Resources Conservation and Shortage Relief Act of 1990 (Public Law
				101-382). Western Red Cedar is exempt from these
				rules. The prohibition on the export of Western Red Cedar is covered by section
				7(i) of the Export
				Administration Act of 1979 (50 U.S.C. App. 2406 (i)).
(2) Presidential action. This chapter shall
				not apply to the extent that an order referred to under WAC 240-15-010(1) is
				suspended, removed, or modified by the President of the United States under the
				authority of section
				491(e) or
				491(f) of the
				Forest Resources Conservation and Shortage Relief Act of 1990 (Public Law
				101-382).
(3) Surplus timber. Timber which has been
				determined to be surplus to the needs of timber manufacturing facilities in the
				United States by the Secretary of Agriculture or the Secretary of the Interior
				of the United States is not subject to regulation under this chapter.
(4) Definitions. As used in this chapter:
(a) "Agency" means any state or local public
				entity which owns or manages land from which timber is harvested in the state
				of Washington.
(b) "Export" means
				either to load on a conveyance or vessel or put in a log raft with the intent
				to ship to a foreign destination, or to place at a facility such as a port,
				yard, pond, or dock with the intent to load on a conveyance or vessel or put in
				a log raft for shipment to a foreign destination.
(c) "Export restricted timber" means
				unprocessed timber originating from a sale of timber from public lands which
				has been designated as export restricted under WAC
				240-15-015(1)(a),
				and includes both logs and stumpage originating from such a sale.
(d) "Person" means any individual,
				partnership, corporation, association, or other legal entity and includes any
				subsidiary, subcontractor, parent company and business affiliates where one
				affiliate controls or has the power to control the other or when both are
				controlled directly or indirectly by a third person.
(e) "Processing facility" means a facility
				for converting unprocessed timber into any of the items of processed timber
				listed in WAC
				240-015-010(i).
				Chip plants, pulp mills and facilities that process only Western Red Cedar
				Products are not considered processing facilities.
(f) "Public lands" means lands in the state
				of Washington that are held or owned by the state of Washington, or a political
				subdivision thereof, or any other public agency. Such term does not include any
				lands the title to which is:
(i) Held by the
				United States,
(ii) Held in trust
				by the United States for the benefit of any Indian tribe or individual,
				or
(iii) Held by any Indian tribe
				or individual subject to a restriction by the United States against
				alienation.
(g)
				"Purchaser" means a person who has been awarded a timber sale contract to
				harvest or acquire export restricted timber from public lands in the state of
				Washington.
(h)
(i) "Substitution" means the purchase of
				export restricted timber or possession of an active sale contract for export
				restricted timber by (A) a person who owns and operates a processing facility
				(B) where the person owning the processing facility also exports or sells for
				export from the United States unprocessed timber originating from private lands
				in the state of Washington and (C) where such lands are owned by the person, or
				the person has exclusive rights to harvest timber from such lands, where such
				rights may be exercised at any time during a period of more than seven years.
				Substitution can occur only when all three above noted conditions are met.
				Exceptions to this seven year restriction may be considered on a case by case
				basis by the department of revenue in exceptional circumstances.
(ii) The reference in WAC 240-15-010(4)(h)(i) to the export from the United States of unprocessed timber originating from
				private lands shall mean exports which occur at any time:
(A) After that date which is twelve months
				prior to the award date of the sale of the export restricted timber, except
				that it shall not refer to any exports which occur prior to January 1, 1991;
				and
(B) Prior to that date which is
				twenty-four months after the award date of the sale of the export restricted
				timber, or the end of the term of the timber sale contract for the export
				restricted timber, whichever is later.
(i) "Unprocessed timber" means trees or
				portions of trees or other roundwood not processed to standards and
				specifications suitable for end product use. As used in this chapter, the term
				"unprocessed timber" does not include timber processed into any one of the
				following:
(i) Lumber or construction timbers,
				except Western Red Cedar, meeting current American Lumber Standards grades or
				Pacific Lumber Inspection Bureau Export R or N list grades, sawn on 4 sides,
				not intended for remanufacture.
(ii) Lumber, construction timbers, or cants
				for remanufacture, except Western Red Cedar, meeting current American Lumber
				Standards grades or Pacific Lumber Inspection Bureau Export R or N list clear
				grades, sawn on 4 sides, not to exceed 12 inches in thickness.
(iii) Lumber, construction timbers, or cants
				for remanufacture, except Western Red Cedar, that do not meet the grades
				referred to in clause 2 and are sawn on 4 sides, with wane less than 1/4 of any
				face, not exceeding 8 3/4 inches in thickness.
(iv) Chips, pulp or pulp products.
(v) Veneer or plywood.
(vi) Poles, posts, or piling cut or treated
				with preservatives for use as such.
(vii) Shakes or shingles.
(viii) Aspen or other pulpwood bolts, not
				exceeding 100 inches in length, exported for processing into pulp.
(ix) Pulp logs or cull logs processed at
				domestic pulp mills, domestic chip plants, or other domestic operations for the
				purpose of conversion of the logs into chips.