---
kind: "section"
citation: "16 U.S.C. § 620c"
title: "16"
title_heading: "Conservation"
number: "620c"
heading: "Restriction on exports of unprocessed timber from State and other public lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/620c"
units:
  - "Chapter 4 — Protection of Timber, and Depredations"
---

# §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 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/16/590q.md?p=a) with an annual sales volume greater than 400,000,000 board 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/16/590q.md?p=a) 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/16/590q.md?p=a); 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/16/590q.md?p=a).
    - (B) **Exemption—** The prohibitions referred to in [subparagraph (A)](#b-3-A) shall not apply in a [State](/usc/16/590q.md?p=a) on or after the date on which—
      - (i) the Governor of that [State](/usc/16/590q.md?p=a) provides the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce with notification of a prior program 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 of that [State](/usc/16/590q.md?p=a) 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](/usc/16/3102.md?p=18) 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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, of [public lands](/usc/16/620e.md?p=7) 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](/usc/16/620e.md?p=7) across [State](/usc/16/590q.md?p=a) 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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title and the effectiveness of [State](/usc/16/590q.md?p=a) programs 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/16/590q.md?p=a) that is subject to an order issued under [subsection (a)](#a);
      - (ii) administer the prohibitions consistent with sections [620](/usc/16/620.md) to [620j](/usc/16/620j.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/16/590q.md?p=a) is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the [State](/usc/16/590q.md?p=a); 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/16/590q.md?p=a) that is administering and enforcing a program 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/16/590q.md?p=a) agencies with appropriate jurisdiction to assist the [Secretary](/usc/16/410r–5.md?p=c-1) in carrying out sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title.
- (d) **Authorized State programs—**
  - (1) **Authorization of new State programs—** Notwithstanding [subsection (c)](#c), the Governor of any [State](/usc/16/590q.md?p=a) may submit a program 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/16/590q.md?p=a), 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/16/590q.md?p=a) is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the [State](/usc/16/590q.md?p=a).
  - (2) **Approval of State programs—**
    - (A) **Program approval—** Not later than 30 days after the submission of a program under [paragraph (1)](#d-1), the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce shall approve the program unless the [Secretary](/usc/16/410r–5.md?p=c-1) finds that the program 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](/usc/16/620.md) to [620j](/usc/16/620j.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 submitted under [paragraph (1)](#d-1), the Governor of the [State](/usc/16/590q.md?p=a) for which the program was submitted, or such other official of that [State](/usc/16/590q.md?p=a) as the Governor may designate, may administer and enforce the program, which shall apply in that [State](/usc/16/590q.md?p=a) 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/16/590q.md?p=a) 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/16/590q.md?p=a) has a program that was in effect on May 3, 1993, and that meets the requirements of [paragraph (1)](#d-1). Upon such notification, that [State](/usc/16/590q.md?p=a) may administer and enforce that program in that [State](/usc/16/590q.md?p=a) 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 shall, during the period in which it is so administered and enforced, apply in that [State](/usc/16/590q.md?p=a) in lieu of the regulations issued under [subsection (c)](#c). Such Governor may submit, with such notification, the program 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 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 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.
- (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/16/590q.md?p=a) if that [State](/usc/16/590q.md?p=a) 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/16/590q.md?p=a) timberlands and was enacted before August 20, 1990, shall be construed to invalidate, supersede, or otherwise affect any action of a [State](/usc/16/590q.md?p=a) or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/590q.md?p=a) pursuant to sections [620](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, that the prohibitions on exports required by [subsection (a)](#a) no longer promote the purposes of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, then the President may suspend such prohibitions, except that such suspension shall not [take](/usc/16/3102.md?p=18) effect until 90 days after the President notifies the Congress of such finding.
- (l) **Existing authority not affected—** Nothing in sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title shall be construed to limit the authority of the President or the United States Trade Representative to [take](/usc/16/3102.md?p=18) action authorized by law to respond appropriately to any measures taken by a foreign government in connection with sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 101–382, title IV, § 491, Aug. 20, 1990, 104 Stat. 719; Pub. L. 103–45, § 2, July 1, 1993, 107 Stat. 223; Pub. L. 105–83, title VI, § 602(b), Nov. 14, 1997, 111 Stat. 1620; Pub. L. 106–36, title I, § 1002(a)(2), June 25, 1999, 113 Stat. 133.)

## Notes

### Editorial Notes

### References in Text

Section 4606(i) of title 50, referred to in subsec. (f), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

### Amendments

1999—Subsec. (g). Pub. L. 106–36 substituted “Dispute Settlement Body of the World Trade Organization (as the term ‘World Trade Organization’ is defined in section 3501(8) of title 19)” for “Contracting Parties to the General Agreement on Tariffs and Trade”.

1997—Subsec. (b)(2). Pub. L. 105–83 struck out “the following shall apply:” in introductory provisions, substituted “the Secretary” for “(A) The Secretary” and “as of November 14, 1997” for “during the period beginning on June 1, 1993, and ending on December 31, 1995”, and struck out subpar. (B) which read as follows: “For all periods on or after January 1, 1996, the Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than September 30, 1995. 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.”

1993—Subsec. (a). Pub. L. 103–45, § 2(1), substituted “(g)” for “(e)” and “as provided” for “in the amounts specified”.

Subsec. (b)(1). Pub. L. 103–45, § 2(2)(A), inserted “, notwithstanding any other provision of law,” after “prohibit” and substituted “, effective June 1, 1993” for “not later than 21 days after August 20, 1990”.

Subsec. (b)(2). Pub. L. 103–45, § 2(2)(B), 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 August 20, 1990. Such order shall cover a period beginning 120 days after the issuance of such an order, or January 1, 1991, whichever is earlier, and shall extend to December 31, 1991. 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 January 1, 1992, and ending on December 31, 1993, 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 September 30, 1991. 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 January 1, 1994, and ending on December 31, 1995, 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 September 30, 1993. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period.”

Subsec. (b)(3), (4). Pub. L. 103–45, § 2(2)(C), (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”.

Subsecs. (c) to (l). Pub. L. 103–45, § 2(3), (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 (l), respectively.

### Statutory Notes and Related Subsidiaries

### Severability of Provisions

Pub. L. 103–45, § 4, July 1, 1993, 107 Stat. 228, provided that: “If any provision of this Act [amending this section and section 620d of this title and enacting provisions set out as a note under section 620 of this title], 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.”

### Extension and Issuance of Order Under Subsection (b)(2)

Pub. L. 104–208, div. A, title I, § 101(d) [title III], Sept. 30, 1996, 110 Stat. 3009–181, 3009–223, which in part directed Secretary of Commerce to extend until Sept. 30, 1997, 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 Oct. 1, 1997, 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], Apr. 26, 1996, 110 Stat. 1321–156, 1321–210; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 104–99, title I, § 130, Jan. 26, 1996, 110 Stat. 34.