Order to prohibit export of unprocessed timber originating from State or other public lands
Except as provided in subsection (g), the Secretary of Commerce shall issue orders to prohibit the export from the United States of unprocessed timber originating from public lands, as provided in subsection (b).
Schedule for determination to prohibit export of unprocessed timber originating from State or other public lands
States with annual sales of 400,000,000 board feet or less
With respect to States with annual sales volumes of 400,000,000 board feet or less, 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 .
States with annual sales of greater than 400,000,000 board feet
With respect to any State with an annual sales volume greater than 400,000,000 board feet, 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 as of .
Prohibition on substitution
Prohibition
Exemption
Report to Congress
Not later than , the Secretary of Commerce, in conjunction with the Secretaries of Agriculture and Interior, shall issue a report to the Congress on the effects of the reallocation, as a result of the enactment of sections 620 to 620j of this title, of public lands timber resources to the domestic timber processing sector, the ability of the domestic timber processing sector to meet domestic demand for forest products, the volume of transshipment of timber originating from public lands across State borders, the effectiveness of rules issued and administered by the Secretary of Commerce pursuant to sections 620 to 620j of this title and the effectiveness of State programs authorized under subsection (d), and trends in growth and productivity in the domestic timber processing sector.
Federal program
Administration by the Secretary of Commerce
In general
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).
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 sections 620 to 620j of this title.
Authorized State programs
Authorization of new State programs
Approval of State programs
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 sections 620 to 620j of this title and publishes that finding in the Federal Register.
State program in lieu of Federal 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 regulations issued under subsection (c).
Prior State programs
Not later than 30 days after , the Governor of any State that had, before , issued regulations under this subsection as in effect before , may provide the Secretary of Commerce with written notification that the State has a program that was in effect on , and that meets the requirements 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 subsection (c). Such Governor may submit, with such notification, the program for approval by the Secretary under paragraph (1).
Prior contracts
Western red cedar
1
Presidential authority
section 3501(8) of title 19The President is authorized, after suitable notice and a public comment period of not less than 120 days, to suspend the provisions of this section if a panel of experts has reported to the Dispute Settlement Body of the World Trade Organization (as the term “World Trade Organization” is defined in ), or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that the provisions of this section are in violation of, or inconsistent with, United States obligations under that trade agreement.
Removal or modifications of State restrictions
Based upon a determination that it is in the national economic interest, the President may remove or modify any prohibition on exports from public lands in a State if that State petitions the President to remove or modify such prohibition.
Effect of prior Federal law
No provision of Federal law which imposes requirements with respect to the generation of revenue from State timberlands and was enacted before , shall be construed to invalidate, supersede, or otherwise affect any action of a State or political subdivision of a State pursuant to sections 620 to 620j of this title.
Surplus timber
The prohibitions on exports contained in orders of the Secretary of Commerce issued under subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from public lands which the Secretary concerned determines by rule to be surplus to the needs of timber manufacturing facilities in the United States. Any such determination may, by rule, be withdrawn by the Secretary concerned if the Secretary determines that the affected timber is no longer surplus to the needs of timber manufacturing facilities in the United States.
Suspension of prohibitions
Notwithstanding any other provision of this section, beginning on , and annually thereafter, if the President finds, upon review of the purposes and implementation of sections 620 to 620j of this title, that the prohibitions on exports required by subsection (a) no longer promote the purposes of sections 620 to 620j of this title, then the President may suspend such prohibitions, except that such suspension shall not take effect until 90 days after the President notifies the Congress of such finding.
Existing authority not affected
Nothing in sections 620 to 620j of this title shall be construed to limit the authority of the President or the United States Trade Representative to take action authorized by law to respond appropriately to any measures taken by a foreign government in connection with sections 620 to 620j of this title.
Pub. L. 101–382, title IV, § 491104 Stat. 719Pub. L. 103–45, § 2107 Stat. 223Pub. L. 105–83, title VI, § 602(b)111 Stat. 1620Pub. L. 106–36, title I, § 1002(a)(2)113 Stat. 133(, , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Section 4606(i) of title 50Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 2232, referred to in subsec. (f), was repealed by , , .
Amendments
Pub. L. 106–36section 3501(8) of title 191999—Subsec. (g). substituted “Dispute Settlement Body of the World Trade Organization (as the term ‘World Trade Organization’ is defined in )” for “Contracting Parties to the General Agreement on Tariffs and Trade”.
Pub. L. 105–831997—Subsec. (b)(2). struck out “the following shall apply:” in introductory provisions, substituted “the Secretary” for “(A) The Secretary” and “as of ” for “during the period beginning on , and ending on ”, and struck out subpar. (B) which read as follows: “For all periods on or after , the Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than . Such order shall prohibit the export of the lesser of 400,000,000 board feet or the annual sales volume in that State of unprocessed timber originating from public lands.”
Pub. L. 103–45, § 2(1)1993—Subsec. (a). , substituted “(g)” for “(e)” and “as provided” for “in the amounts specified”.
Pub. L. 103–45, § 2(2)(A)Subsec. (b)(1). , inserted “, notwithstanding any other provision of law,” after “prohibit” and substituted “, effective ” for “not later than 21 days after ”.
Pub. L. 103–45, § 2(2)(B)Subsec. (b)(2). , added subpar. (A) and struck out former subpar. (A), redesignated subpar. (D) as (B) and substituted “annual sales volume in that State of unprocessed timber originating from public lands” for “total annual sales volume” at end, and struck out former subpars. (B) and (C). Prior to amendment, former subpars. (A) to (C) read as follows:
“(A) The Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than 21 days after . Such order shall cover a period beginning 120 days after the issuance of such an order, or , whichever is earlier, and shall extend to . Such order shall prohibit the export of 75 percent of the annual sales volume in such State of unprocessed timber from public lands.
“(B) For the period beginning on , and ending on , the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) of this section not later than . Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period.
“(C) For the period beginning on , and ending on , the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) of this section not later than . Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period.”
Pub. L. 103–45, § 2(2)(C)Subsec. (b)(3), (4). , (D), added par. (3), redesignated former par. (3) as (4), and substituted “the Secretary of Commerce pursuant to sections 620 to 620j of this title and the effectiveness of State programs authorized under subsection (d)” for “States pursuant to sections 620 to 620j of this title”.
lPub. L. 103–45, § 2(3)lSubsecs. (c) to (). , (4), added subsecs. (c) to (f), struck out former subsecs. (c) and (d) which related to basis for increase in volume prohibited from export and administrative provisions, respectively, and redesignated former subsecs. (e) to (j) as (g) to (), respectively.
Statutory Notes and Related Subsidiaries
Severability of Provisions
Pub. L. 103–45, § 4107 Stat. 228
Extension and Issuance of Order Under Subsection (b)(2)
Pub. L. 104–208, div. A, title I, § 101(d) [title III]110 Stat. 3009–181, , , 3009–223, which in part directed Secretary of Commerce to extend until , the order issued under subsec. (b)(2)(A) of this section and to issue an order under subsec. (b)(2)(B) of this section effective , was from the Department of the Interior and Related Agencies Appropriations Act, 1997, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 104–134, title I, § 101(c) [title III, § 333]110 Stat. 1321–156Pub. L. 104–140, § 1(a)110 Stat. 1327, , , 1321–210; renumbered title I, , , .