---
kind: "range"
citation: "16 U.S.C. §§ 620–620j"
title: "16"
from: "620"
to: "620j"
count: 11
release: "119-102"
url: "https://uscodex.org/usc/16/620..620j"
---

# §620. Findings and purposes

- (a) **Findings—** The Congress makes the following findings:
  - (1) Timber is essential to the United States.
  - (2) Forests, forest [resources](/usc/16/410hhh–1.md?p=8), and the forest environment are exhaustible natural [resources](/usc/16/410hhh–1.md?p=8) that require efficient and effective [conservation](/usc/16/6456.md?p=2) efforts.
  - (3) In the interest of conserving those [resources](/usc/16/410hhh–1.md?p=8), the United States has set aside millions of acres of otherwise harvestable timberlands in the western United States, representing well over 100,000,000,000 [board](/usc/16/1447a.md?p=1) feet of otherwise harvestable timber.
  - (4) In recent years, administrative, statutory, or judicial action has been taken to set aside an increased amount of otherwise harvestable timberlands for [conservation](/usc/16/6456.md?p=2) purposes.
  - (5) In the next few months and years, additional amounts of otherwise harvestable timberlands may be set aside for [conservation](/usc/16/6456.md?p=2) purposes, pursuant to the Endangered Species Act of 1973 [[16 U.S.C. 1531](/usc/16/1531.md) et seq.], the [National Forest](/usc/16/5207.md?p=3) Management Act of 1976, or other expected statutory, administrative, and judicial actions.
  - (6) There is evidence of a shortfall in the supply of [unprocessed timber](/usc/16/620e.md?p=9-A) in the western United States.
  - (7) There is reason to believe that any shortfall which may already exist may worsen unless action is taken.
  - (8) In conjunction with the broad [conservation](/usc/16/6456.md?p=2) actions expected in the next few months and years, [conservation](/usc/16/6456.md?p=2) action is necessary with respect to exports of [unprocessed timber](/usc/16/620e.md?p=9-A).
- (b) **Purposes—** The purposes of [sections 620 to 620j](/usc/16/620..620j.md) of this title are—
  - (1) to promote the [conservation](/usc/16/6456.md?p=2) of forest [resources](/usc/16/410hhh–1.md?p=8) in conjunction with [State](/usc/16/6456.md?p=2) and Federal [resources](/usc/16/410hhh–1.md?p=8) [management plans](/usc/16/460mmm–1.md?p=3), and other actions or decisions, affecting the use of forest [resources](/usc/16/410hhh–1.md?p=8);
  - (2) to take action essential for the [acquisition](/usc/16/620e.md?p=1) and distribution of forest [resources](/usc/16/410hhh–1.md?p=8) or products in short supply in the western United States;
  - (3) to take action necessary, to meet the goals of Article XI 2.(a) of the GATT 1994 (as defined in [section 3501(1)(B) of title 19](/usc/19/3501.md?p=1-B)), to ensure sufficient supplies of certain forest [resources](/usc/16/410hhh–1.md?p=8) or products which are essential to the United States;
  - (4) to continue and refine the existing Federal policy of restricting the export of [unprocessed timber](/usc/16/620e.md?p=9-A) harvested from [Federal lands](/usc/16/620e.md?p=2) in the western United States; and
  - (5) to effect measures aimed at meeting these objectives in conformity with the obligations of the United States under the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and [(4)](#b-4), respectively, of [section 3501 of title 19](/usc/19/3501.md)).

# §620a. Restrictions on exports of unprocessed timber originating from Federal lands

- (a) **Prohibition on export of unprocessed timber originating from Federal lands—** No [person](/usc/16/450rr–1.md?p=b) who [acquires](/usc/16/620e.md?p=1) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) may export such timber from the United States, or sell, trade, exchange, or otherwise convey such timber to any other [person](/usc/16/450rr–1.md?p=b) for the purpose of exporting such timber from the United States, unless such timber has been determined under [subsection (b)](#b) to be surplus to the needs of timber manufacturing facilities in the United States.
- (b) **Surpluses—**
  - (1) **Determinations by Secretary concerned—** The prohibition contained in [subsection (a)](#a) shall not apply to specific quantities of grades and species of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) which the [Secretary concerned](/usc/16/620e.md?p=8) determines to be surplus to domestic manufacturing needs.
  - (2) **Procedures—** Any determination under [paragraph (1)](#b-1) shall be made in regulations issued in accordance with [section 553 of title 5](/usc/5/553.md). Any such determination shall be reviewed at least once in every 3-year period. The [Secretary concerned](/usc/16/620e.md?p=8) shall publish notice of such review in the Federal Register, and shall give the public an opportunity to comment on such review.

# §620b. Limitations on substitution of unprocessed Federal timber for unprocessed timber exported from private lands

- (a) **Direct substitution—**
  - (1) Except as provided in [paragraph (3)](#a-3) and [subsection (c)](#c), no [person](/usc/16/450rr–1.md?p=b) may purchase directly from any department or agency of the United States [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) if—
    - (A) such [unprocessed timber](/usc/16/620e.md?p=9-A) is to be used in substitution for exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6); or
    - (B) such [person](/usc/16/450rr–1.md?p=b) has, during the preceding 24-month period, exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6).
  - (2) Notwithstanding [paragraph (1)](#a-1)—
    - (A) Federal timber purchased pursuant to a contract entered into between the purchaser and the [Secretary concerned](/usc/16/620e.md?p=8) before the date on which regulations to carry out this subsection are issued under [section 620f of this title](/usc/16/620f.md) shall be governed by the regulations of the [Secretary concerned](/usc/16/620e.md?p=8) in effect before such date that restrict the substitution of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) for exported timber originating from [private lands](/usc/16/620e.md?p=6);
    - (B) in the 1-year period beginning on August 20, 1990, any [person](/usc/16/450rr–1.md?p=b) who operates under a Cooperative Sustained Yield [Unit](/usc/16/430f–7.md?p=4) Agreement, and who has an historic export quota shall be limited to entering into contracts under such a quota to a volume equal to not more than 66 percent of the [person](/usc/16/450rr–1.md?p=b)’s historic export quota used during fiscal year 1989;
    - (C) a [person](/usc/16/450rr–1.md?p=b) referred to in [subparagraph (B)](#a-2-B) shall reduce the [person](/usc/16/450rr–1.md?p=b)’s remaining substitution volume by an equal amount each year thereafter such that no volume is substituted under such a quota in fiscal year 1995 or thereafter; and
    - (D) the 24-month period referred to in [paragraph (1)(B)](#a-1-B) shall not apply to any [person](/usc/16/450rr–1.md?p=b) who—
      - (i) before August 20, 1990, has, under an historic export quota approved by the [Secretary concerned](/usc/16/620e.md?p=8), purchased [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) in substitution for exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6);
      - (ii) certifies to the [Secretary concerned](/usc/16/620e.md?p=8), within 3 months after August 20, 1990, that the [person](/usc/16/450rr–1.md?p=b) will, within 6 months after August 20, 1990, cease exporting [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6); and
      - (iii) ceases exports in accordance with such certification.
  - (3) **Applicability.—** In the case of the purchase by a [person](/usc/16/450rr–1.md?p=b) of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 119th meridian in the [State](/usc/16/6456.md?p=2) of Washington, [paragraph (1)](#a-1) shall apply only if—
    - (A) the [private lands](/usc/16/620e.md?p=6) referred to in [paragraph (1)](#a-1) are owned by the [person](/usc/16/450rr–1.md?p=b); or
    - (B) the [person](/usc/16/450rr–1.md?p=b) has the exclusive right to harvest timber from the [private lands](/usc/16/620e.md?p=6) described in [paragraph (1)](#a-1) during a period of more than 7 years, and may exercise that right at any time of the [person](/usc/16/450rr–1.md?p=b)’s choosing.
- (b) **Indirect substitution—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), no [person](/usc/16/450rr–1.md?p=b) may, beginning 21 days after August 20, 1990, purchase from any other [person](/usc/16/450rr–1.md?p=b) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) if such [person](/usc/16/450rr–1.md?p=b) would be prohibited from purchasing such timber directly from a department or agency of the United States. [Acquisitions](/usc/16/620e.md?p=1) of western red cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this paragraph.
  - (2) **Exceptions—**
    - (A) The [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall, as soon as practicable but not later than 9 months after August 20, 1990, establish, by rule, a limited amount of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) described in [subparagraph (B)](#b-2-B) which may be purchased by a [person](/usc/16/450rr–1.md?p=b) otherwise covered by the prohibition contained in [paragraph (1)](#b-1). Such limit shall equal—
      - (i) the amount of such timber acquired by such [person](/usc/16/450rr–1.md?p=b), based on the higher of the applicant’s actual timber purchasing receipts or the appropriate Federal agency’s records, during fiscal years 1988, 1989, and 1990, divided by 3, or
      - (ii) 15 million [board](/usc/16/1447a.md?p=1) feet,

      whichever is less, except that such limit shall not exceed such [person](/usc/16/450rr–1.md?p=b)’s proportionate share, with respect to all [persons](/usc/16/450rr–1.md?p=b) covered under this paragraph, of 50 million [board](/usc/16/1447a.md?p=1) feet.

    - (B) The [Federal lands](/usc/16/620e.md?p=2) referred to in [subparagraph (A)](#b-2-A) are [Federal lands](/usc/16/620e.md?p=2) administered by the United States Forest Service [Region](/usc/16/1447a.md?p=6) 6 that are located north of the Columbia River from its mouth and east to its first intersection with the 119th meridian, and from that point north of the 46th parallel and east.
    - (C) Any [person](/usc/16/450rr–1.md?p=b) may sell, trade, or otherwise exchange with any other [person](/usc/16/450rr–1.md?p=b) the rights obtained under [subparagraph (A)](#b-2-A), except that such rights may not be sold, traded, or otherwise exchanged to [persons](/usc/16/450rr–1.md?p=b) already in possession of such rights obtained under [subparagraph (A)](#b-2-A).
    - (D) Federal timber purchased from [Federal lands](/usc/16/620e.md?p=2) described in [subparagraph (B)](#b-2-B) pursuant to a contract entered into between the purchaser and the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture before the date on which regulations to carry out this subsection are issued under [section 620f of this title](/usc/16/620f.md) shall be governed by the regulations of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture in effect before such date that restrict the substitution of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) for exported timber originating from [private lands](/usc/16/620e.md?p=6).
- (c) **Sourcing areas—**
  - (1) **In general—** The prohibitions contained in subsections [(a)](#a) and [(b)](#b) shall not apply with respect to the [acquisition](/usc/16/620e.md?p=1) of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) within a sourcing [area](/usc/16/539m–1.md?p=1-A) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) approved by the [Secretary concerned](/usc/16/620e.md?p=8) under this subsection by a [person](/usc/16/450rr–1.md?p=b) who—
    - (A) in the previous 24 months, has not exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) within the sourcing [area](/usc/16/539m–1.md?p=1-A); and
    - (B) during the period in which such approval is in effect, does not export [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) within the sourcing [area](/usc/16/539m–1.md?p=1-A).

    The [Secretary concerned](/usc/16/620e.md?p=8) may waive the 24-month requirement set forth in [subparagraph (A)](#c-1-A) for any [person](/usc/16/450rr–1.md?p=b) who, within 3 months after August 20, 1990, certifies that, within 6 months after August 20, 1990, such [person](/usc/16/450rr–1.md?p=b) will, for a period of not less than 3 years, cease exporting [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) within the sourcing [area](/usc/16/539m–1.md?p=1-A).

  - (2) **Requirements for application for sourcing areas for processing facilities located outside the northwestern private timber open market area—** The [Secretaries](/usc/16/410r–5.md?p=c-1) concerned shall, not later than 3 months after August 20, 1990, prescribe procedures to be used by a [person](/usc/16/450rr–1.md?p=b) applying for approval of a sourcing [area](/usc/16/539m–1.md?p=1-A) under [paragraph (1)](#c-1). Such procedures shall require, at a minimum, the applicant to provide—
    - (A) information regarding the location of [private lands](/usc/16/620e.md?p=6) (except private land located in the [northwestern private timber open market area](/usc/16/620e.md?p=4)) from which such [person](/usc/16/450rr–1.md?p=b) has, within the previous year, harvested or otherwise acquired [unprocessed timber](/usc/16/620e.md?p=9-A) which has been exported from the United States; and
    - (B) information regarding the location of each timber manufacturing facility owned or operated by such [person](/usc/16/450rr–1.md?p=b) within the proposed sourcing [area](/usc/16/539m–1.md?p=1-A) boundaries at which the applicant proposes to process timber originating from [Federal lands](/usc/16/620e.md?p=2).

    The prohibition contained in [subsection (a)](#a) shall not apply to a [person](/usc/16/450rr–1.md?p=b) before the date which is 1 month after the procedures referred to in this paragraph are prescribed. With respect to any [person](/usc/16/450rr–1.md?p=b) who submits an application in accordance with such procedures by the end of the time period set forth in the preceding sentence, the prohibition contained in [subsection (a)](#a) shall not apply to such [person](/usc/16/450rr–1.md?p=b) before the date on which the [Secretary concerned](/usc/16/620e.md?p=8) approves or disapproves such application.

  - (3) **Grant of approval for sourcing areas for processing facilities located outside of the northwestern private timber open market area—**
    - (A) **In general—** For each applicant, the [Secretary concerned](/usc/16/620e.md?p=8) shall, on the record and after an opportunity for a hearing, not later than 4 months after receipt of the application for a sourcing [area](/usc/16/539m–1.md?p=1-A), either approve or disapprove the application. The [Secretary concerned](/usc/16/620e.md?p=8) may approve such application only if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [area](/usc/16/539m–1.md?p=1-A) that is the subject of the application, in which the timber manufacturing facilities at which the applicant desires to process timber originating from [Federal lands](/usc/16/620e.md?p=2) are located, is geographically and economically separate from any geographic [area](/usc/16/539m–1.md?p=1-A) from which that [person](/usc/16/450rr–1.md?p=b) harvests for export any [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6).
    - (B) **For timber manufacturing facilities located in Idaho—** Except as provided in [subparagraph (D)](#c-3-D), in making a determination referred to in [subparagraph (A)](#c-3-A), the [Secretary concerned](/usc/16/620e.md?p=8) shall consider the private timber export and the private and Federal timber sourcing patterns for the applicant’s timber manufacturing facilities, as well as the private and Federal timber sourcing patterns for the timber manufacturing facilities of other [persons](/usc/16/450rr–1.md?p=b) in the same local vicinity of the applicant, and the relative similarity of such private and Federal timber sourcing patterns.
    - (C) **For timber manufacturing facilities located in States other than Idaho—** Except as provided in [subparagraph (D)](#c-3-D), in making the determination referred to in [subparagraph (A)](#c-3-A), the [Secretary concerned](/usc/16/620e.md?p=8) shall consider the private timber export and the Federal timber sourcing patterns for the applicant’s timber manufacturing facilities, as well as the Federal timber sourcing patterns for the timber manufacturing facilities of other [persons](/usc/16/450rr–1.md?p=b) in the same local vicinity of the applicant, and the relative similarity of such Federal timber sourcing patterns. Private timber sourcing patterns shall not be a factor in such determinations in [States](/usc/16/544.md?p=r) other than Idaho.
    - (D) **Area not included—** In deciding whether to approve or disapprove an application, the [Secretary](/usc/16/410r–5.md?p=c-1) shall not—
      - (i) consider land located in the [northwestern private timber open market area](/usc/16/620e.md?p=4); or
      - (ii) condition approval of the application on the inclusion of any such land in the applicant’s sourcing [area](/usc/16/539m–1.md?p=1-A), such land being includable in the sourcing [area](/usc/16/539m–1.md?p=1-A) only to the extent requested by the applicant.
  - (4) **Denial of application for sourcing areas for processing facilities located outside the northwestern private timber open market area—**
    - (A) Subject to [subparagraph (B)](#c-4-B), and notwithstanding any other provision of law, in the 9-month period after receiving disapproval of an application submitted pursuant to this subsection, the applicant may purchase [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in the [area](/usc/16/539m–1.md?p=1-A) which is the subject of the application in an amount not to exceed 75 percent of the annual average of such [person](/usc/16/450rr–1.md?p=b)’s purchases of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in the same [area](/usc/16/539m–1.md?p=1-A) during the 5 full fiscal years immediately prior to submission of the application. In the subsequent 6-month period, such [person](/usc/16/450rr–1.md?p=b) may purchase not more than 25 percent of such annual average, after which time the prohibitions contained in [subsection (a)](#a) shall fully apply.
    - (B) If a [person](/usc/16/450rr–1.md?p=b) referred to in [subparagraph (A)](#c-4-A) certifies to the [Secretary concerned](/usc/16/620e.md?p=8), within 90 days after receiving disapproval of such application, that such [person](/usc/16/450rr–1.md?p=b) shall, within 15 months after such disapproval, cease the export of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) from the geographic [area](/usc/16/539m–1.md?p=1-A) determined by the [Secretary](/usc/16/410r–5.md?p=c-1) for which the application would have been approved, such [person](/usc/16/450rr–1.md?p=b) may continue to purchase [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in the [area](/usc/16/539m–1.md?p=1-A) which is the subject of the application, without being subject to the restrictions of [subparagraph (A)](#c-4-A), except that such purchases during that 15-month period may not exceed 125 percent of the annual average of such [person](/usc/16/450rr–1.md?p=b)’s purchases of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in the same [area](/usc/16/539m–1.md?p=1-A) during the 5 full fiscal years immediately prior to submission of the application which was denied.
    - (C) Any [person](/usc/16/450rr–1.md?p=b) to whom [subparagraph (B)](#c-4-B) applies may not, during the 15-month period after the [person](/usc/16/450rr–1.md?p=b)’s application for sourcing [area](/usc/16/539m–1.md?p=1-A) boundaries is denied, export [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) in the geographic [area](/usc/16/539m–1.md?p=1-A) determined by the [Secretary concerned](/usc/16/620e.md?p=8) for which the application would have been approved in amounts that exceed 125 percent of the annual average of such [person](/usc/16/450rr–1.md?p=b)’s exports of [unprocessed timber](/usc/16/620e.md?p=9-A) from such [private lands](/usc/16/620e.md?p=6) during the 5 full fiscal years immediately prior to submission of the application.
  - (5) **Review of determinations for sourcing areas for processing facilities located outside the northwestern private timber open market area—** Determinations made under [paragraph (3)](#c-3) shall be reviewed, in accordance with the procedures prescribed in [sections 620 to 620j](/usc/16/620..620j.md) of this title, not less often than every 5 years.
  - (6) **Sourcing areas for processing facilities located in the northwestern private timber open market area—**
    - (A) **Establishment—** In the [northwestern private timber open market area](/usc/16/620e.md?p=4)—
      - (i) a sourcing [area](/usc/16/539m–1.md?p=1-A) boundary shall be a circle around the processing facility of the sourcing [area](/usc/16/539m–1.md?p=1-A) applicant or holder;
      - (ii) the radius of the circle—
        - (I) shall be the furthest distance that the sourcing [area](/usc/16/539m–1.md?p=1-A) applicant or holder proposes to haul Federal timber for processing at the processing facility; and
        - (II) shall be determined solely by the sourcing [area](/usc/16/539m–1.md?p=1-A) applicant or holder;
      - (iii) a sourcing [area](/usc/16/539m–1.md?p=1-A) shall become effective on written notice to the Regional Forester for [Region](/usc/16/1447a.md?p=6) 6 of the Forest Service of the location of the boundary of the sourcing [area](/usc/16/539m–1.md?p=1-A);
      - (iv) the 24-month requirement in [paragraph (1)(A)](#c-1-A) shall not apply;
      - (v) a sourcing [area](/usc/16/539m–1.md?p=1-A) holder—
        - (I) may adjust the radius of the sourcing [area](/usc/16/539m–1.md?p=1-A) not more frequently than once every 24 months; and
        - (II) shall provide written notice to the Regional Forester for [Region](/usc/16/1447a.md?p=6) 6 of the adjusted boundary of its sourcing [area](/usc/16/539m–1.md?p=1-A) before using the adjusted sourcing [area](/usc/16/539m–1.md?p=1-A); and
      - (vi) a sourcing [area](/usc/16/539m–1.md?p=1-A) holder that relinquishes a sourcing [area](/usc/16/539m–1.md?p=1-A) may not reestablish a sourcing [area](/usc/16/539m–1.md?p=1-A) for that processing facility before the date that is 24 months after the date on which the sourcing [area](/usc/16/539m–1.md?p=1-A) was relinquished.
    - (B) **Transition—** With respect to a portion of a sourcing [area](/usc/16/539m–1.md?p=1-A) established before November 14, 1997, that contains Federal timber under contract before November 14, 1997, and is outside the boundary of a new sourcing [area](/usc/16/539m–1.md?p=1-A) established under [subparagraph (A)](#c-6-A)—
      - (i) that portion shall continue to be a sourcing [area](/usc/16/539m–1.md?p=1-A) only until unprocessed Federal timber from the portion is no longer in the possession of the sourcing [area](/usc/16/539m–1.md?p=1-A) holder; and
      - (ii) [unprocessed timber](/usc/16/620e.md?p=9-A) from private land in that portion shall be exportable immediately after [unprocessed timber](/usc/16/620e.md?p=9-A) from Federal land in the portion is no longer in the possession of the sourcing [area](/usc/16/539m–1.md?p=1-A) holder.
  - (7) **Relinquishment and termination of sourcing areas—**
    - (A) **In general—** A sourcing [area](/usc/16/539m–1.md?p=1-A) may be relinquished at any time.
    - (B) **Effective date—** A relinquishment of a sourcing [area](/usc/16/539m–1.md?p=1-A) shall be effective as of the date on which written notice is provided by the sourcing [area](/usc/16/539m–1.md?p=1-A) holder to the Regional Forester with jurisdiction over the sourcing [area](/usc/16/539m–1.md?p=1-A) where the processing facility of the holder is located.
    - (C) **Exportability—**
      - (i) **In general—** On relinquishment or termination of a sourcing [area](/usc/16/539m–1.md?p=1-A), [unprocessed timber](/usc/16/620e.md?p=9-A) from private land within the former boundary of the relinquished or terminated sourcing [area](/usc/16/539m–1.md?p=1-A) is exportable immediately after [unprocessed timber](/usc/16/620e.md?p=9-A) from Federal land from within that [area](/usc/16/539m–1.md?p=1-A) is no longer in the possession of the former sourcing [area](/usc/16/539m–1.md?p=1-A) holder.
      - (ii) **No restriction—** The exportability of [unprocessed timber](/usc/16/620e.md?p=9-A) from private land located outside of a sourcing [area](/usc/16/539m–1.md?p=1-A) shall not be restricted or in any way affected by relinquishment or termination of a sourcing [area](/usc/16/539m–1.md?p=1-A).
- (d) **Domestic transportation and processing of private timber—** Nothing in this section restricts or authorizes any restriction on the domestic transportation or processing of timber harvested from private land, except that the [Secretary](/usc/16/410r–5.md?p=c-1) may prohibit processing facilities located in the [State](/usc/16/6456.md?p=2) of Idaho that have sourcing [areas](/usc/16/539m–1.md?p=1-A) from processing timber harvested from private land outside of the boundaries of those sourcing [areas](/usc/16/539m–1.md?p=1-A).

# §620c. Restriction on exports of unprocessed timber from State and other public lands

- (a) **Order to prohibit export of unprocessed timber originating from State or other public lands—** Except as provided in [subsection (g)](#g), the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall issue orders to prohibit the export from the United States of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7), as provided in [subsection (b)](#b).
- (b) **Schedule for determination to prohibit export of unprocessed timber originating from State or other public lands—**
  - (1) **States with annual sales of 400,000,000 board feet or less—** With respect to [States](/usc/16/544.md?p=r) with annual sales volumes of 400,000,000 [board](/usc/16/1447a.md?p=1) feet or less, the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall issue an order referred to in [subsection (a)](#a) to prohibit, notwithstanding any other provision of law, the export of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7), effective June 1, 1993.
  - (2) **States with annual sales of greater than 400,000,000 board feet—** With respect to any [State](/usc/16/6456.md?p=2) with an annual sales volume greater than 400,000,000 [board](/usc/16/1447a.md?p=1) feet, the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall issue an order referred to in [subsection (a)](#a) to prohibit, notwithstanding any other provision of law, the export of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7), effective as of November 14, 1997.
  - (3) **Prohibition on substitution—**
    - (A) **Prohibition—** Subject to [subparagraph (B)](#b-3-B), each order of the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce under paragraph [(1)](#b-1) or [(2)](#b-2) shall also prohibit, notwithstanding any other provision of law, any [person](/usc/16/450rr–1.md?p=b) from purchasing, directly or indirectly, [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) if—
      - (i) such [unprocessed timber](/usc/16/620e.md?p=9-A) would be used in substitution for exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) in that [State](/usc/16/6456.md?p=2); or
      - (ii) such [person](/usc/16/450rr–1.md?p=b) has, during the preceding 24-month period, exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) in that [State](/usc/16/6456.md?p=2).
    - (B) **Exemption—** The prohibitions referred to in [subparagraph (A)](#b-3-A) shall not apply in a [State](/usc/16/6456.md?p=2) on or after the date on which—
      - (i) the Governor of that [State](/usc/16/6456.md?p=2) provides the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce with notification of a prior [program](/usc/16/460ss–6.md?p=1) under [subparagraph (C)](#d-2-C) of subsection (d)(2),
      - (ii) the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce approves a [program](/usc/16/460ss–6.md?p=1) of that [State](/usc/16/6456.md?p=2) under [subparagraph (A)](#d-2-A) of subsection (d)(2), or
      - (iii) regulations of the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce issued under [subsection (c)](#c) to carry out this section take effect,

      whichever occurs first.

  - (4) **Report to Congress—** Not later than June 1, 1995, the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, in conjunction with the [Secretaries](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620..620j.md) of this title, of [public lands](/usc/16/620e.md?p=7) timber [resources](/usc/16/410hhh–1.md?p=8) 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](/usc/16/620e.md?p=7) across [State](/usc/16/6456.md?p=2) borders, the effectiveness of rules issued and administered by the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce pursuant to [sections 620 to 620j](/usc/16/620..620j.md) of this title and the effectiveness of [State](/usc/16/6456.md?p=2) [programs](/usc/16/460ss–6.md?p=1) authorized under [subsection (d)](#d), and trends in growth and productivity in the domestic timber processing sector.
- (c) **Federal program—**
  - (1) **Administration by the Secretary of Commerce—**
    - (A) **In general—** Subject to [subparagraph (B)](#c-1-B), the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall, as soon as possible after July 1, 1993—
      - (i) determine the species, grades, and geographic origin of [unprocessed timber](/usc/16/620e.md?p=9-A) to be prohibited from export in each [State](/usc/16/6456.md?p=2) that is subject to an order issued under [subsection (a)](#a);
      - (ii) administer the prohibitions consistent with [sections 620 to 620j](/usc/16/620..620j.md) of this title;
      - (iii) ensure that the species, grades, and geographic origin of [unprocessed timber](/usc/16/620e.md?p=9-A) prohibited from export within each [State](/usc/16/6456.md?p=2) is [representative](/usc/16/5609.md?p=13) of the species, grades, and geographic origin of timber comprising the total timber sales [program](/usc/16/460ss–6.md?p=1) of the [State](/usc/16/6456.md?p=2); and
      - (iv) issue such regulations as are necessary to carry out this section.
    - (B) **Exemption—** The actions and regulations of the [Secretary](/usc/16/410r–5.md?p=c-1) under [subparagraph (A)](#c-1-A) shall not apply with respect to a [State](/usc/16/6456.md?p=2) that is administering and enforcing a [program](/usc/16/460ss–6.md?p=1) under [subsection (d)](#d).
  - (2) **Cooperation with other agencies—** The [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce is authorized to enter into agreements with Federal and [State](/usc/16/6456.md?p=2) agencies with appropriate jurisdiction to assist the [Secretary](/usc/16/410r–5.md?p=c-1) in carrying out [sections 620 to 620j](/usc/16/620..620j.md) of this title.
- (d) **Authorized State programs—**
  - (1) **Authorization of new State programs—** Notwithstanding [subsection (c)](#c), the Governor of any [State](/usc/16/6456.md?p=2) may submit a [program](/usc/16/460ss–6.md?p=1) to the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce for approval that—
    - (A) implements, with respect to [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in that [State](/usc/16/6456.md?p=2), the prohibition on exports set forth in the [Secretary](/usc/16/410r–5.md?p=c-1)’s order under [subsection (a)](#a); and
    - (B) ensures that the species, grades, and geographic origin of [unprocessed timber](/usc/16/620e.md?p=9-A) prohibited from export within the [State](/usc/16/6456.md?p=2) is [representative](/usc/16/5609.md?p=13) of the species, grades, and geographic origin of timber comprising the total timber sales [program](/usc/16/460ss–6.md?p=1) of the [State](/usc/16/6456.md?p=2).
  - (2) **Approval of State programs—**
    - (A) **Program approval—** Not later than 30 days after the submission of a [program](/usc/16/460ss–6.md?p=1) under [paragraph (1)](#d-1), the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall approve the [program](/usc/16/460ss–6.md?p=1) unless the [Secretary](/usc/16/410r–5.md?p=c-1) finds that the [program](/usc/16/460ss–6.md?p=1) will result in the export of [unprocessed timber](/usc/16/620e.md?p=9-A) from [public lands](/usc/16/620e.md?p=7) in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title and publishes that finding in the Federal Register.
    - (B) **State program in lieu of Federal program—** If the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce approves a [program](/usc/16/460ss–6.md?p=1) submitted under [paragraph (1)](#d-1), the Governor of the [State](/usc/16/6456.md?p=2) for which the [program](/usc/16/460ss–6.md?p=1) was submitted, or such other official of that [State](/usc/16/6456.md?p=2) as the Governor may designate, may administer and enforce the [program](/usc/16/460ss–6.md?p=1), which shall apply in that [State](/usc/16/6456.md?p=2) in lieu of the regulations issued under [subsection (c)](#c).
    - (C) **Prior State programs—** Not later than 30 days after July 1, 1993, the Governor of any [State](/usc/16/6456.md?p=2) that had, before May 4, 1993, issued regulations under this subsection as in effect before May 4, 1993, may provide the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce with written notification that the [State](/usc/16/6456.md?p=2) has a [program](/usc/16/460ss–6.md?p=1) that was in effect on May 3, 1993, and that meets the requirements of [paragraph (1)](#d-1). Upon such notification, that [State](/usc/16/6456.md?p=2) may administer and enforce that [program](/usc/16/460ss–6.md?p=1) in that [State](/usc/16/6456.md?p=2) until the end of the 9-month period beginning on the date on which the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce issues regulations under [subsection (c)](#c), and that [program](/usc/16/460ss–6.md?p=1) shall, during the period in which it is so administered and enforced, apply in that [State](/usc/16/6456.md?p=2) in lieu of the regulations issued under [subsection (c)](#c). Such Governor may submit, with such notification, the [program](/usc/16/460ss–6.md?p=1) for approval by the [Secretary](/usc/16/410r–5.md?p=c-1) under [paragraph (1)](#d-1).
- (e) **Prior contracts—** Nothing in this section shall apply to—
  - (1) any contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) that was entered into before—
    - (A) September 10, 1990, with respect to [States](/usc/16/544.md?p=r) with annual sales volumes of 400,000,000 [board](/usc/16/1447a.md?p=1) feet or less; or
    - (B) January 1, 1991, with respect to [States](/usc/16/544.md?p=r) with annual sales volumes greater than 400,000,000 [board](/usc/16/1447a.md?p=1) feet; or
  - (2) any contract under which exports of [unprocessed timber](/usc/16/620e.md?p=9-A) were permitted pursuant to an order of the [Secretary](/usc/16/410r–5.md?p=c-1) 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 4606(i)](/usc/16/4606.md)[^1] of [title 50](/usc/50.md).
- (g) **Presidential authority—** The 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 [section 3501(8) of title 19](/usc/19/3501.md?p=8)), 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](/usc/16/620e.md?p=11) of, or inconsistent with, United States obligations under that trade agreement.
- (h) **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](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) if that [State](/usc/16/6456.md?p=2) petitions the President to remove or modify such prohibition.
- (i) **Effect of prior Federal law—** No provision of Federal law which imposes requirements with respect to the generation of revenue from [State](/usc/16/6456.md?p=2) timberlands and was enacted before August 20, 1990, shall be construed to invalidate, supersede, or otherwise affect any action of a [State](/usc/16/6456.md?p=2) or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/6456.md?p=2) pursuant to [sections 620 to 620j](/usc/16/620..620j.md) of this title.
- (j) **Surplus timber—** The prohibitions on exports contained in orders of the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce issued under [subsection (a)](#a) shall not apply to specific quantities of grades and species of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) which the [Secretary concerned](/usc/16/620e.md?p=8) 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](/usc/16/620e.md?p=8) if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the affected timber is no longer surplus to the needs of timber manufacturing facilities in the United States.
- (k) **Suspension of prohibitions—** Notwithstanding any other provision of this section, beginning on January 1, 1998, and annually thereafter, if the President finds, upon review of the purposes and implementation of [sections 620 to 620j](/usc/16/620..620j.md) of this title, that the prohibitions on exports required by [subsection (a)](#a) no longer promote the purposes of [sections 620 to 620j](/usc/16/620..620j.md) 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.
- (l) **Existing authority not affected—** Nothing in [sections 620 to 620j](/usc/16/620..620j.md) of this title shall be construed to limit the authority of the President or the United States Trade [Representative](/usc/16/5609.md?p=13) to take action authorized by law to respond appropriately to any measures taken by a foreign government in connection with [sections 620 to 620j](/usc/16/620..620j.md) of this title.

# §620d. Monitoring and enforcement

- (a) **Monitoring and reports—** In accordance with regulations issued under this section—
  - (1) each [person](/usc/16/450rr–1.md?p=b) who [acquires](/usc/16/620e.md?p=1), either directly or indirectly, [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) shall report the receipt and disposition of such timber to the [Secretary concerned](/usc/16/620e.md?p=8), in such form as such [Secretary](/usc/16/410r–5.md?p=c-1) may by rule prescribe; except that nothing in this paragraph shall be construed to hold any [person](/usc/16/450rr–1.md?p=b) responsible for the reporting of the disposition of any such timber held by subsequent [persons](/usc/16/450rr–1.md?p=b);
  - (2) each [person](/usc/16/450rr–1.md?p=b) who transfers to another [person](/usc/16/450rr–1.md?p=b) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) shall, before completing such transfer—
    - (A) provide to such other [person](/usc/16/450rr–1.md?p=b) a written notice, in such form as the [Secretary concerned](/usc/16/620e.md?p=8) may prescribe, which shall identify the Federal origin of such timber;
    - (B) receive from such other [person](/usc/16/450rr–1.md?p=b) a written acknowledgment of such notice and a written agreement that such other [person](/usc/16/450rr–1.md?p=b) will comply with the requirements of [sections 620 to 620j](/usc/16/620..620j.md) of this title, in such form as the [Secretary concerned](/usc/16/620e.md?p=8) may prescribe; and
    - (C) provide to the [Secretary concerned](/usc/16/620e.md?p=8) copies of all notices, acknowledgments, and agreements referred to in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B);
  - (3) each [person](/usc/16/450rr–1.md?p=b) who [acquires](/usc/16/620e.md?p=1), either directly or indirectly, [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) that is subject to an order issued by the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce under [section 620c(a) of this title](/usc/16/620c.md?p=a), other than a [State](/usc/16/6456.md?p=2) that is administering and enforcing a [program](/usc/16/460ss–6.md?p=1) under [section 620c(d) of this title](/usc/16/620c.md?p=d), shall report the receipt and disposition of the timber to the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) may by rule prescribe, except that nothing in this paragraph shall be construed to hold any [person](/usc/16/450rr–1.md?p=b) responsible for reporting the disposition of any timber held by subsequent [persons](/usc/16/450rr–1.md?p=b); and
  - (4) each [person](/usc/16/450rr–1.md?p=b) who transfers to another [person](/usc/16/450rr–1.md?p=b) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) that is subject to an order issued by the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce under [section 620c(a) of this title](/usc/16/620c.md?p=a), other than a [State](/usc/16/6456.md?p=2) that is administering and enforcing a [program](/usc/16/460ss–6.md?p=1) under [section 620c(d) of this title](/usc/16/620c.md?p=d), shall, before completing the transfer—
    - (A) provide to such other [person](/usc/16/450rr–1.md?p=b) a written notice, in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce may prescribe, that shall identify the [public lands](/usc/16/620e.md?p=7) from which the timber originated; and
    - (B) receive from such other [person](/usc/16/450rr–1.md?p=b)—
      - (i) a written acknowledgment of the notice, and
      - (ii) a written agreement that the recipient of the timber will comply with the requirements of [sections 620 to 620j](/usc/16/620..620j.md) of this title,

      in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce may prescribe; and

    - (C) provide to the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce copies of all notices, acknowledgments, and agreements referred to in subparagraphs [(A)](#a-4-A) and [(B)](#a-4-B).
- (b) **Report to Congress—** Using the information gathered under [subsection (a)](#a), the [Secretaries](/usc/16/410r–5.md?p=c-1) of Agriculture and Interior shall, not later than June 1, 1995, submit to the Congress a report on the disposition of [unprocessed timber](/usc/16/620e.md?p=9-A) harvested from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r), and recommendations concerning the practice of indirect substitution of such timber for exported timber harvested from [private lands](/usc/16/620e.md?p=6). Specifically, such report shall—
  - (1) analyze the effects of indirect substitution on market efficiency;
  - (2) analyze the effects of indirect substitution on domestic log supply;
  - (3) offer any recommendations that the [Secretaries](/usc/16/410r–5.md?p=c-1) consider necessary for specific statutory or regulatory changes regarding indirect substitution;
  - (4) provide summaries of the data collected;
  - (5) analyze the effects of the provisions of [section 620b(b)(2)(C) of this title](/usc/16/620b.md?p=b-2-C); and
  - (6) provide such other information as the [Secretaries](/usc/16/410r–5.md?p=c-1) consider appropriate.
- (c) **Civil penalties for violation—**
  - (1) **Exports—**
    - (A) If the [Secretary concerned](/usc/16/620e.md?p=8) finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b), with willful disregard for the prohibition contained in [sections 620 to 620j](/usc/16/620..620j.md) of this title against exporting Federal timber, exported or caused to be exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title, such [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 for each [violation](/usc/16/620e.md?p=11), or 3 times the gross value of the [unprocessed timber](/usc/16/620e.md?p=9-A) involved in the [violation](/usc/16/620e.md?p=11), whichever amount is greater.
    - (B)
      - (i) Subject to [clause (ii)](#c-1-B-ii), if the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b), with willful disregard for the restrictions contained in an order of the [Secretary](/usc/16/410r–5.md?p=c-1) under [section 620c(a) of this title](/usc/16/620c.md?p=a) on exports of [unprocessed timber](/usc/16/620e.md?p=9-A) from [public lands](/usc/16/620e.md?p=7), exported or caused to be exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in [violation](/usc/16/620e.md?p=11) of such order, the [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 for each [violation](/usc/16/620e.md?p=11), or 3 times the gross value of the [unprocessed timber](/usc/16/620e.md?p=9-A) involved in the [violation](/usc/16/620e.md?p=11), whichever amount is greater.
      - (ii) [Clause (i)](#c-1-B-i) shall not apply with respect to exports of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) that is administering and enforcing a [program](/usc/16/460ss–6.md?p=1) under [section 620c(d) of this title](/usc/16/620c.md?p=d).
  - (2) **Other violations—**
    - (A) If the [Secretary concerned](/usc/16/620e.md?p=8) finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b) has violated any provision of [sections 620 to 620j](/usc/16/620..620j.md) of this title or any regulation issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title relating to lands which they administer (notwithstanding that such [violation](/usc/16/620e.md?p=11) may not have caused the export of unprocessed Federal timber in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title), such [Secretary](/usc/16/410r–5.md?p=c-1) may—
      - (i) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $75,000 for each [violation](/usc/16/620e.md?p=11) if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) committed such [violation](/usc/16/620e.md?p=11) in disregard of such provision or regulation;
      - (ii) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $50,000 for each [violation](/usc/16/620e.md?p=11) if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) should have known that the action constituted a [violation](/usc/16/620e.md?p=11); or
      - (iii) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) committed such [violation](/usc/16/620e.md?p=11) willfully.
    - (B)
      - (i) Subject to [clause (ii)](#c-2-B-ii), if the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b) has violated, on or after June 1, 1993, any provision of [sections 620 to 620j](/usc/16/620..620j.md) of this title or any regulation issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title relating to the export of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) (whether or not the [violation](/usc/16/620e.md?p=11) caused the export of [unprocessed timber](/usc/16/620e.md?p=9-A) from [public lands](/usc/16/620e.md?p=7) in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title), the [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty to the same extent as the [Secretary concerned](/usc/16/620e.md?p=8) may impose a penalty under clause [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), or [(iii)](#c-2-A-iii) of subparagraph (A).
      - (ii) [Clause (i)](#c-2-B-i) shall not apply with respect to [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/6456.md?p=2) that is administering and enforcing a [program](/usc/16/460ss–6.md?p=1) under [section 620c(d) of this title](/usc/16/620c.md?p=d).
    - (C) **Mitigation of penalties.—**
      - (i) **In general.—** The [Secretary concerned](/usc/16/620e.md?p=8)—
        - (I) in determining the applicability of any penalty imposed under this paragraph, shall take into account all relevant mitigating factors, including mistake, inadvertence, and error; and
        - (II) based on any mitigating factor, may, with respect to any penalty imposed under this paragraph—
          - (aa) reduce the penalty;
          - (bb) not impose the penalty; or
          - (cc) on condition of there being no further [violation](/usc/16/620e.md?p=11) under this paragraph for a prescribed period, suspend imposition of the penalty.
      - (ii) **Contractural[^1] remedies.—** In the case of a [minor violation](/usc/16/620e.md?p=3) of [sections 620 to 620j](/usc/16/620..620j.md) of this title (including a regulation), the [Secretary concerned](/usc/16/620e.md?p=8) shall, to the maximum extent practicable, permit a contracting officer to redress the [violation](/usc/16/620e.md?p=11) in accordance with the applicable timber sale contract rather than assess a penalty under this paragraph.
  - (3) **Penalties not exclusive; judicial review—** A penalty assessed under this subsection shall not be exclusive of any other penalty provided by law and shall be subject to review in an appropriate United States district court.
- (d) **Administrative remedies—**
  - (1) **Debarment—**
    - (A) **In general—** Subject to [subparagraph (B)](#d-1-B), the head of the appropriate Federal department or agency under [sections 620 to 620j](/usc/16/620..620j.md) of this title may debar any [person](/usc/16/450rr–1.md?p=b) who violates [sections 620 to 620j](/usc/16/620..620j.md) of this title, or any regulation or contract issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title, from entering into any contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) for a period of not more than 5 years. Such [person](/usc/16/450rr–1.md?p=b) shall also be precluded from taking delivery of Federal timber purchased by another party for the period of debarment.
    - (B) **Prerequisites for debarment—**
      - (i) **In general—** No [person](/usc/16/450rr–1.md?p=b) may be debarred from bidding for or entering into a contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) under [subparagraph (A)](#d-1-A) unless the head of the appropriate Federal department or agency first finds, on the record and after an opportunity for a hearing, that debarment is warranted.
      - (ii) **Withholding of awards during debarment proceedings—** The head of an appropriate Federal department or agency may withhold an award under [sections 620 to 620j](/usc/16/620..620j.md) of this title of a contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) during a debarment proceeding.
  - (2) **Cancellation of contracts—** The head of the appropriate Federal department or agency under [sections 620 to 620j](/usc/16/620..620j.md) of this title may cancel any contract entered into with a [person](/usc/16/450rr–1.md?p=b) found to have violated [sections 620 to 620j](/usc/16/620..620j.md) of this title or regulations issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title.
- (e) **Exception—** Subsections [(c)](#c) and [(d)](#d) do not apply to [violations](/usc/16/620e.md?p=11) of [section 620i of this title](/usc/16/620i.md).

# §620e. Definitions


For purposes of [sections 620 to 620j](/usc/16/620..620j.md) of this title:

- (1) The term “acquire” means to come into possession of, whether directly or indirectly, through a sale, trade, exchange, or other transaction, and the term “acquisition” means the act of acquiring.
- (2) The term “Federal lands” means lands that are owned by the United States, but does not include any lands the title to which is—
  - (A) held in [trust](/usc/16/450ss–1.md?p=4) by the United States for the benefit of any Indian tribe or individual,
  - (B) held by any Indian tribe or individual subject to a restriction by the United States against alienation, or
  - (C) held by any Native Corporation as defined in [section 1602 of title 43](/usc/43/1602.md).
- (3) **Minor violation.—** The term “minor violation” means a [violation](#11), other than an intentional [violation](#11), involving a single contract, purchase order, processing facility, or log yard involving a quantity of logs that is less than 25 logs and has a total value (at the time of the [violation](#11)) of less than $10,000.
- (4) **Northwestern private timber open market area.—** The term “northwestern private timber open market area” means the [State](/usc/16/6456.md?p=2) of Washington.
- (5) The term “[person](/usc/16/450rr–1.md?p=b)” means any individual, [partnership](/usc/16/8202.md?p=7), corporation, association, or other legal entity and includes any subsidiary, subcontractor, or parent company, and business affiliates where 1 affiliate controls or has the power to control the other or when both are controlled directly or indirectly by a third [person](/usc/16/450rr–1.md?p=b).
- (6) The term “private lands” means lands held or owned by a [person](/usc/16/450rr–1.md?p=b). Such term does not include [Federal lands](#2) or [public lands](#7), or any lands the title to which is—
  - (A) held in [trust](/usc/16/450ss–1.md?p=4) by the United States for the benefit of any Indian tribe or individual,
  - (B) held by any Indian tribe or individual subject to a restriction by the United States against alienation, or
  - (C) held by any Native Corporation as defined in [section 1602 of title 43](/usc/43/1602.md).
- (7) The term “public lands” means lands west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r), that are held or owned by a [State](/usc/16/6456.md?p=2) or political [subdivision](/usc/16/539m–1.md?p=15) thereof, or any other public agency. Such term does not include any lands the title to which is—
  - (A) held by the United States;
  - (B) held in [trust](/usc/16/450ss–1.md?p=4) by the United States for the benefit of any Indian tribe or individual,
  - (C) held by any Indian tribe or individual subject to a restriction by the United States against alienation, or
  - (D) held by any Native Corporation as defined in [section 1602 of title 43](/usc/43/1602.md).
- (8) The term “Secretary concerned” means—
  - (A) the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, with respect to [Federal lands](#2) administered by that [Secretary](/usc/16/410r–5.md?p=c-1); and
  - (B) the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior with respect to [Federal lands](#2) administered by that [Secretary](/usc/16/410r–5.md?p=c-1).
- (9)
  - (A) The term “unprocessed timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use.
  - (B) The term “[unprocessed timber](#9-A)” 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 (ii)](#9-B-ii) and are sawn on 4 sides, with wane less than ¼ of any face, not exceeding 8¾ 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, cull logs, and incidental volumes of grade 3 and 4 sawlogs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the primary purpose of conversion of the logs into chips, or to the extent that a small quantity of such logs are processed, into other products at domestic processing facilities.
- (10) The [acquisition](#1) of [unprocessed timber](#9-A) from [Federal lands](#2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) to be used in “substitution” for exported [unprocessed timber](#9-A) originating from [private lands](#6) means acquiring [unprocessed timber](#9-A) from such [Federal lands](#2) and engaging in exporting, or selling for export, [unprocessed timber](#9-A) originating from [private lands](#6) within the same geographic and economic [area](/usc/16/539m–1.md?p=1-A).
- (11) **Violation.—** The term “violation” means a violation of [sections 620 to 620j](/usc/16/620..620j.md) of this title (including a regulation issued to implement [sections 620 to 620j](/usc/16/620..620j.md) of this title) with regard to a course of action, including—
  - (A) in the case of a [violation](#11) by the original purchaser of [unprocessed timber](#9-A), an act or omission with respect to a single timber sale; and
  - (B) in the case of a [violation](#11) of a subsequent purchaser of the timber, an act or omission with respect to an operation at a particular processing facility or log yard.

# §620f. Regulations and review

- (a) **Regulations—**
  - (1) **Agriculture and Interior—** The [Secretaries](/usc/16/410r–5.md?p=c-1) of Agriculture and Interior shall, in consultation, each prescribe new coordinated and consistent regulations to implement [sections 620 to 620j](/usc/16/620..620j.md) of this title on lands which they administer.
  - (2) **Commerce—** The [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall promulgate such rules and guidelines as may be necessary to carry out [sections 620 to 620j](/usc/16/620..620j.md) of this title.
  - (3) **Deadline—**
    - (A) **In general.—** Except as otherwise provided in [sections 620 to 620j](/usc/16/620..620j.md) of this title, regulations and guidelines required under this subsection shall be issued not later than June 1, 1998.
    - (B) The regulations and guidelines issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title that were in effect prior to September 8, 1995 shall remain in effect until new regulations and guidelines are issued under [subparagraph (A)](#a-3-A).
  - (4) **Painting and branding—**
    - (A) **In general—** The [Secretary concerned](/usc/16/620e.md?p=8) shall issue regulations that impose reasonable painting, branding, or other forms of marking or tracking requirements on [unprocessed timber](/usc/16/620e.md?p=9-A) if—
      - (i) the benefits of the requirements outweigh the cost of complying with the requirements; and
      - (ii) the [Secretary](/usc/16/410r–5.md?p=c-1) determines that, without the requirements, it is likely that the [unprocessed timber](/usc/16/620e.md?p=9-A)—
        - (I) would be exported in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title; or
        - (II) if the [unprocessed timber](/usc/16/620e.md?p=9-A) originated from [Federal lands](/usc/16/620e.md?p=2), would be substituted for [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) west of the 100th Meridian in the contiguous 48 [States](/usc/16/544.md?p=r) in [violation](/usc/16/620e.md?p=11) of [sections 620 to 620j](/usc/16/620..620j.md) of this title.
    - (B) **Minimum size—** The [Secretary concerned](/usc/16/620e.md?p=8) shall not impose painting, branding, or other forms of marking or tracking requirements on—
      - (i) the face of a log that is less than 7 inches in diameter; or
      - (ii) [unprocessed timber](/usc/16/620e.md?p=9-A) that is less than 8 feet in length or less than ⅓ sound wood.
    - (C) **Waivers—**
      - (i) **In general—** The [Secretary concerned](/usc/16/620e.md?p=8) may waive log painting and branding requirements—
        - (I) for a geographic [area](/usc/16/539m–1.md?p=1-A), if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the risk of the [unprocessed timber](/usc/16/620e.md?p=9-A) being exported from the [area](/usc/16/539m–1.md?p=1-A) or used in substitution is low;
        - (II) with respect to [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [private lands](/usc/16/620e.md?p=6) located within an approved sourcing [area](/usc/16/539m–1.md?p=1-A) for a [person](/usc/16/450rr–1.md?p=b) who certifies that the timber will be processed at a specific domestic processing facility to the extent that the processing does occur; or
        - (III) as part of a log yard agreement that is consistent with the purposes of the export and substitution restrictions imposed under [sections 620 to 620j](/usc/16/620..620j.md) of this title.
      - (ii) **Review and termination of waivers—** A waiver granted under [clause (i)](#a-4-C-i)—
        - (I) shall, to the maximum extent practicable, be reviewed once a year; and
        - (II) shall remain effective until terminated by the [Secretary](/usc/16/410r–5.md?p=c-1).
    - (D) **Factors—** In making a determination under this paragraph, the [Secretary concerned](/usc/16/620e.md?p=8) shall consider—
      - (i) the risk of [unprocessed timber](/usc/16/620e.md?p=9-A) of that species, grade, and size being exported or used in substitution;
      - (ii) the location of the [unprocessed timber](/usc/16/620e.md?p=9-A) and the effect of the location on its being exported or used in substitution;
      - (iii) the history of the [person](/usc/16/450rr–1.md?p=b) involved with respect to compliance with log painting and branding requirements; and
      - (iv) any other factor that is relevant to determining the likelihood of the [unprocessed timber](/usc/16/620e.md?p=9-A) being exported or used in substitution.
  - (5) **Reporting—**
    - (A) **In general—** Subject to [subparagraph (B)](#a-5-B), the [Secretary concerned](/usc/16/620e.md?p=8) shall issue regulations that impose reasonable documentation and reporting requirements if the benefits of the requirements outweigh the cost of complying with the requirements.
    - (B) **Waivers—**
      - (i) **In general—** The [Secretary concerned](/usc/16/620e.md?p=8) may waive documentation and reporting requirements for a [person](/usc/16/450rr–1.md?p=b) if—
        - (I) an audit of the records of the facility of the [person](/usc/16/450rr–1.md?p=b) reveals substantial compliance with all notice, reporting, painting, and branding requirements during the preceding year; or
        - (II) the [person](/usc/16/450rr–1.md?p=b) transferring the [unprocessed timber](/usc/16/620e.md?p=9-A) and the [person](/usc/16/450rr–1.md?p=b) processing the [unprocessed timber](/usc/16/620e.md?p=9-A) enter into an advance agreement with the [Secretary concerned](/usc/16/620e.md?p=8) regarding the disposition of the [unprocessed timber](/usc/16/620e.md?p=9-A) by domestic processing.
      - (ii) **Review and termination of waivers—** A waiver granted under [clause (i)](#a-5-B-i)—
        - (I) shall, to the maximum extent practicable, be reviewed once a year; and
        - (II) shall remain effective until terminated by the [Secretary](/usc/16/410r–5.md?p=c-1).
- (b) **Review—** The [Secretaries](/usc/16/410r–5.md?p=c-1) of Agriculture and Interior shall, in consultation, review the definition of [unprocessed timber](/usc/16/620e.md?p=9-A) under [section 620e(7) of this title](/usc/16/620e.md?p=7) for purposes of [sections 620 to 620j](/usc/16/620..620j.md) of this title and, not later than 18 months after August 20, 1990, submit to the Congress any recommendations they have with respect to such definition. Specifically, the [Secretaries](/usc/16/410r–5.md?p=c-1) shall report on the effects of maintaining 2 size standards under [section 620e(B)(ii)](/usc/16/620e.md)[^1] and (iii) of this title.

# §620g. Authorization of appropriations


There are authorized to be appropriated such sums as may be necessary to carry out [sections 620 to 620j](/usc/16/620..620j.md) of this title.


# §620h. Savings provision


Nothing in [sections 620 to 620j](/usc/16/620..620j.md) of this title, or regulations issued under [sections 620 to 620j](/usc/16/620..620j.md) of this title, shall be construed to abrogate or affect any timber sale contract entered into before August 20, 1990.


# §620i. Eastern hardwoods study

- (a) **Study—** The [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, in conjunction with the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, shall conduct a study of the export from the United States, during the 2-year period beginning on January 1, 1991, of unprocessed hardwood timber harvested from [Federal lands](/usc/16/620e.md?p=2) or [public lands](/usc/16/620e.md?p=7) east of the 100th meridian. In order to carry out the provisions of this section—
  - (1) the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall require each [person](/usc/16/450rr–1.md?p=b) exporting such timber from the United States to declare, in [addition](/usc/16/410r–5.md?p=c-2) to the information normally required in the Shipper’s Export Declarations, the [State](/usc/16/6456.md?p=2) in which the timber was grown and harvested; and
  - (2) the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall ensure that all hardwood saw timber harvested from [Federal lands](/usc/16/620e.md?p=2) east of the 100th meridian is marked in such a manner as to make it readily identifiable at all times before its [manufacture](/usc/16/559b.md?p=c), and shall take such steps as each [Secretary](/usc/16/410r–5.md?p=c-1) considers appropriate to ensure that such markings are not altered or destroyed before manufacturing.
- (b) **Report to Congress—** Not later than April 1, 1993, the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall submit to the [Committees](/usc/16/941b.md?p=1) on Agriculture, Natural [Resources](/usc/16/410hhh–1.md?p=8), and Foreign Affairs of the House of [Representatives](/usc/16/5609.md?p=13) and the [Committee](/usc/16/941b.md?p=1) on Banking, Housing, and Urban Affairs of the Senate a report describing the volume and value of [unprocessed timber](/usc/16/620e.md?p=9-A) grown and harvested from [Federal lands](/usc/16/620e.md?p=2) or [public lands](/usc/16/620e.md?p=7) east of the 100th meridian that is exported from the United States during the 2-year period beginning on January 1, 1991, the country to which such timber is exported, and the [State](/usc/16/6456.md?p=2) in which such timber was grown and harvested.

# §620j. Authority of Export Administration Act of 1979


Nothing in [sections 620 to 620j](/usc/16/620..620j.md) of this title shall be construed to—

- (1) prejudice the outcome of pending or prospective petitions filed under, or
- (2) warrant the exercise of the authority contained in,

[section 7](/usc/16/7.md)[^1] of the Export Administration Act of 1979 with respect to the export of [unprocessed timber](/usc/16/620e.md?p=9-A).