---
kind: "section"
citation: "16 U.S.C. § 620f"
title: "16"
title_heading: "Conservation"
number: "620f"
heading: "Regulations and review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/620f"
units:
  - "Chapter 4 — Protection of Timber, and Depredations"
---

# §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](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title.
  - (3) **Deadline—**
    - (A) **In general.—** Except as otherwise provided in sections [620](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.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](/usc/16/620.md) to [620j](/usc/16/620j.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.

## Footnotes

[^1]: So in original. Probably should be section “620e(7)(B)(ii)”.

## Source credit

(Pub. L. 101–382, title IV, § 495, Aug. 20, 1990, 104 Stat. 725; Pub. L. 105–83, title VI, § 605, Nov. 14, 1997, 111 Stat. 1622.)

## Notes

### Editorial Notes

### Amendments

1997—Subsec. (a). Pub. L. 105–83 redesignated first two sentences as pars. (1) and (2), respectively, and inserted headings, and substituted pars. (3) to (5) for last sentence which read as follows: “Except as otherwise provided in sections 620 to 620j of this title, regulations and guidelines under this subsection shall be issued not later than 9 months after August 20, 1990.”