Title 16 -- Conservation


-CITE-
    16 USC CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS    01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
    .
 
-HEAD-
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-MISC1-
    Sec.
    591, 592. Repealed.
    593. Protection of timber in Florida.
    594. Protection of timber owned by United States from fire,
      disease, or insect ravages.
    594-1 to 600. Repealed.
    601. Disposition of moneys collected for depredations.
    602. Seizure of timber cut.
    603. Omitted.
    604. Cutting timber on certain mineral lands; permits to
      corporations; railroad corporations.
    605. Unlawful cutting on mineral lands; notice to Secretary.
    606. Offense for unlawful cutting on mineral lands; punishment.
    607. Cutting and removal of timber on certain public lands for
      certain purposes.
    607a. Cutting and use of timber in Alaska by settlers, residents,
      miners, etc.
    608. Permits to cut and remove timber; citizens of Malheur County,
      Oregon.
    609. Permits to cut and remove timber; citizens of Modoc County,
      California.
    610. Permits to cut and remove timber; citizens of Washington
      County and Kane County, Utah.
    611. Permits to cut and remove timber; citizens of Idaho and
      Wyoming.
    611a. Permits to cut and remove timber; citizens of Bear Lake
      County, Idaho.
    612. Permits to cut and remove timber to certain corporations.
    613. Limitations of use of timber taken not to apply to certain
      territory.
    614, 615. Repealed.
    615a. Sale of timber in Alaska; appraisal; local consumption;
      accounting; deposit in Treasury.
    615b. Exportation of timber pulp wood and wood pulp from Alaska.
    616. Exportation of timber cut on national forest or public land in
      Alaska.
    617. Exportation of unprocessed timber from Federal lands.
                  (a) Limitation of quantity available for export.
                  (b) Surplus quantities and species available for
                        export; public hearing; administrative finding.
                  (c) Rules and regulations; prevention of substitution
                        of Federal for non-Federal timber.
                  (d) Limitations inapplicable to sales of prescribed
                        minimum value.
    618. Timber contract payment modification.
                  (a) Statement of purpose, authorization, scope,
                        qualifications, financial requirements, etc.,
                        for buy-out.
                  (b) Extension of time for performance of contracts;
                        covered contracts; damages for default.
                  (c) Monitoring of bidding patterns on timber sale
                        contracts; discouragement of bids; reporting
                        requirements.
                  (d) Cash down-payment and periodic payments for
                        contracts; effective date.
    619. Emergency stumpage rate redeterminations in Alaska.
                  (a) Application; applicable period.
                  (b) Competitive effect of modification of contracts.
                  (c) Excepted contracts.
    620. Findings and purposes.
                  (a) Findings.
                  (b) Purposes.
    620a. Restrictions on exports of unprocessed timber originating
      from Federal lands.
                  (a) Prohibition on export of unprocessed timber
                        originating from Federal lands.
                  (b) Surpluses.
    620b. Limitations on substitution of unprocessed Federal timber for
      unprocessed timber exported from private lands.
                  (a) Direct substitution.
                  (b) Indirect substitution.
                  (c) Sourcing areas.
                  (d) Domestic transportation and processing of private
                        timber.
    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.
                  (b) Schedule for determination to prohibit export of
                        unprocessed timber originating from State or
                        other public lands.
                  (c) Federal program.
                  (d) Authorized State programs.
                  (e) Prior contracts.
                  (f) Western red cedar.
                  (g) Presidential authority.
                  (h) Removal or modifications of State restrictions.
                  (i) Effect of prior Federal law.
                  (j) Surplus timber.
                  (k) Suspension of prohibitions.
                  (l) Existing authority not affected.
    620d. Monitoring and enforcement.
                  (a) Monitoring and reports.
                  (b) Report to Congress.
                  (c) Civil penalties for violation.
                  (d) Administrative remedies.
                  (e) Exception.
    620e. Definitions.
    620f. Regulations and review.
                  (a) Regulations.
                  (b) Review.
    620g. Authorization of appropriations.
    620h. Savings provision.
    620i. Eastern hardwoods study.
                  (a) Study.
                  (b) Report to Congress.
    620j. Authority of Export Administration Act of 1979.
 
-CITE-
    16 USC Sec. 591, 592                                         01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 591, 592. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.
        1349
 
-MISC1-
      Sections, R.S. Sec. 2458, 2459, related to lands producing live
    oak and red cedar timbers needed by Navy.
 
-CITE-
    16 USC Sec. 593                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 593. Protection of timber in Florida
 
-STATUTE-
      The President is authorized to employ so much of the land and
    naval forces of the United States as may be necessary effectually
    to prevent the felling, cutting down, or other destruction of the
    timber of the United States in Florida, and to prevent the
    transportation or carrying away any such timber as may be already
    felled or cut down; and to take such other and further measures as
    may be deemed advisable for the preservation of the timber of the
    United States in Florida.
 
-SOURCE-
    (R.S. Sec. 2460.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 2460 derived from act Feb. 23, 1882, ch. 9, 3 Stat.
    651.
 
-CITE-
    16 USC Sec. 594                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 594. Protection of timber owned by United States from fire,
        disease, or insect ravages
 
-STATUTE-
      The Secretary of the Interior is authorized to protect and
    preserve, from fire, disease, or the ravages of beetles, or other
    insects, timber owned by the United States upon the public lands,
    national parks, national monuments, Indian reservations, or other
    lands under the jurisdiction of the Department of the Interior
    owned by the United States, either directly or in cooperation with
    other departments of the Federal Government, with States, or with
    owners of timber; and appropriations are authorized to be made for
    such purposes.
 
-SOURCE-
    (Sept. 20, 1922, ch. 349, 42 Stat. 857.)
 
-CITE-
    16 USC Sec. 594-1 to 594-5                                   01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 594-1 to 594-5. Repealed. Pub. L. 95-313, Sec. 16(a)(3),
        formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374; renumbered
        Sec. 16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1), Nov.
        28, 1990, 104 Stat. 3525
 
-MISC1-
      Section 594-1, act June 25, 1947, ch. 141, Sec. 1, 61 Stat. 177,
    set forth policy of Federal Government respecting protection of all
    forest lands from insects and diseases.
      Section 594-2, act June 25, 1947, ch. 141, Sec. 2, 61 Stat. 177,
    related to conduct of surveys by Secretary of Agriculture to detect
    infestation by forest insect pests and tree diseases.
      Section 594-3, act June 25, 1947, ch. 141, Sec. 3, 61 Stat. 177,
    related to allocation of funds for pest and plant disease control.
      Section 594-4, act June 25, 1947, ch. 141, Sec. 4, 61 Stat. 177,
    related to contributions for insect or disease control carried out
    on non-federally owned forest land.
      Section 594-5, acts June 25, 1947, ch. 141, Sec. 5, 61 Stat. 177;
    June 20, 1975, Pub. L. 94-40, 89 Stat. 224, set forth funding
    requirements for Federal program.
                          EFFECTIVE DATE OF REPEAL
      Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
    set out as an Effective Date note under section 2101 of this title.
                                SHORT TITLE
      Act June 25, 1947, ch. 141, Sec. 7, 61 Stat. 177, providing that
    sections 594-1 to 594-5 of this title be known as the ''Forest Pest
    Control Act'', was repealed by Pub. L. 95-313, Sec. 16(a)(3),
    formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374, renumbered Sec.
    16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990,
    104 Stat. 3525.
                                CONSTRUCTION
      Act June 25, 1947, ch. 141, Sec. 6, 61 Stat. 177, providing that
    sections 594-1 to 594-5 of this title not be construed as limiting
    or repealing existing legislation, was repealed by Pub. L. 95-313,
    Sec. 16(a)(3), formerly Sec. 13(a)(3), July 1, 1978, 92 Stat. 374,
    renumbered Sec. 16(a)(3), Pub. L. 101-624, title XII, Sec. 1215(1),
    Nov. 28, 1990, 104 Stat. 3525.
                   PLAN FOR CONTROL OF DUTCH ELM DISEASE
      Pub. L. 94-588, Sec. 20, Oct. 22, 1976, 90 Stat. 2963, provided
    that the Secretary of Agriculture, in consultation with officials
    of both the States and political subdivisions thereof, conduct a
    study of the incidence of Dutch elm disease and evaluate methods
    for controlling the spread of such disease and submit a report on
    the results of such study to the President and the Congress on or
    before Mar. 1, 1977.
 
-CITE-
    16 USC Sec. 594a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 594a. Repealed. Pub. L. 95-313, Sec. 16(a)(2), formerly Sec.
        13(a)(2), July 1, 1978, 92 Stat. 374; renumbered Sec. 16(a)(2),
        Pub. L. 101-624, title XII, Sec. 1215(1), Nov. 28, 1990, 104
        Stat. 3525
 
-MISC1-
      Section, act Apr. 26, 1940, ch. 159, 54 Stat. 168, set forth
    provisions relating to white-pine blister rust control by the
    Secretary of Agriculture, and local authorities.
                          EFFECTIVE DATE OF REPEAL
      Repeal effective Oct. 1, 1978, see section 17 of Pub. L. 95-313,
    set out as an Effective Date note under section 2101 of this title.
 
-CITE-
    16 USC Sec. 595, 596                                         01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 595, 596. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat.
        1349
 
-MISC1-
      Sections, R.S. Sec. 2461, 2462, penalized cutting and provided
    for forfeiture of vessels carrying away timber on lands reserved or
    purchased to supply timber for Navy.
 
-CITE-
    16 USC Sec. 597 to 600                                       01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 597 to 600. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
        1028
 
-MISC1-
      Sections, R.S. Sec. 2463, acts Mar. 3, 1879, ch. 189, Sec. 1, 2,
    20 Stat. 470, 471; Mar. 2, 1895, ch. 182, 28 Stat. 814, related to
    red cedar timber and reservation of lands for naval purposes.
 
-CITE-
    16 USC Sec. 601                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 601. Disposition of moneys collected for depredations
 
-STATUTE-
      All moneys collected for depredations upon the public lands shall
    be covered into the Treasury of the United States as other moneys
    received from the sale of public lands.
 
-SOURCE-
    (Apr. 30, 1878, ch. 76, Sec. 2, 20 Stat. 46.)
 
-CITE-
    16 USC Sec. 602                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 602. Seizure of timber cut
 
-STATUTE-
      If any timber cut on the public lands shall be exported from the
    Territories of the United States, it shall be liable to seizure by
    United States authority wherever found.
 
-SOURCE-
    (Apr. 30, 1878, ch. 76, Sec. 2, 20 Stat. 46.)
 
-CROSS-
                              CROSS REFERENCES
      Exportation of timber cut on national forests or public lands in
    Alaska, see section 616 of this title.
 
-CITE-
    16 USC Sec. 603                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 603. Omitted
 
-COD-
                                CODIFICATION
      Section, act June 3, 1878, ch. 151, Sec. 5, 20 Stat. 90, related
    to prosecutions for violating former section 595 of this title.
 
-CITE-
    16 USC Sec. 604                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 604. Cutting timber on certain mineral lands; permits to
        corporations; railroad corporations
 
-STATUTE-
      All citizens of the United States and other persons, bona fide
    residents of the States of Colorado, Nevada, New Mexico, Arizona,
    Utah, Wyoming, North Dakota, South Dakota, Idaho, or Montana, and
    all other mineral districts of the United States, are authorized
    and permitted to fell and remove, for building, agricultural,
    mining, or other domestic purposes, any timber or other trees
    growing or being on the public lands, said lands being mineral, and
    not subject to entry under existing laws of the United States,
    except for mineral entry, in said States or districts of which such
    citizens or persons may be at the time bona fide residents, subject
    to such rules and regulations as the Secretary of the Interior may
    prescribe for the protection of the timber and of the undergrowth
    growing upon such lands, and for other purposes.  It shall be
    lawful for the Secretary of the Interior to grant permits in
    accordance with the provisions of this section, to corporations
    incorporated under a Federal law of the United States or
    incorporated under the laws of a State or Territory of the United
    States, other than the State in which the privilege is requested.
    Such permits to confer the same rights and benefits upon such
    corporations as are conferred upon corporations incorporated in the
    State in which the privilege is to be exercised, but all such
    corporations shall first have complied with the laws of that State
    so as to entitle them to do business therein.  The provisions of
    this section and sections 605 and 606 of this title shall not
    extend to railroad corporations.
 
-SOURCE-
    (June 3, 1878, ch. 150, Sec. 1, 20 Stat. 88; Jan. 11, 1921, ch. 22,
    41 Stat. 1088.)
 
-COD-
                                CODIFICATION
      The first sentence of this section is from section 1 of act June
    3, 1878.
      The words of this section reading ''bona fide residents of the
    States of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming,
    North Dakota, South Dakota, Idaho, or Montana,'' read in the
    original section, ''bona fide residents of the State of Colorado,
    or Nevada, or either of the Territories of New Mexico, Arizona,
    Utah, Wyoming, Dakota, Idaho, or Montana.''
      A proviso at the close of section 1 of act June 3, 1878, was
    combined with a similar proviso in act Jan. 11, 1921, to form the
    last sentence of this section.
      Act of Jan. 11, 1921, is the source of the remainder of the
    section.
      As originally enacted that act began with the following language:
    ''Section 1 of an Act entitled 'An Act authorizing the citizens of
    Colorado, Nevada, and the Territories to fell and remove timber on
    the public domain for mining and domestic purposes,' approved June
    3, 1878, chapter 150, page 88, volume 20, United States Statutes at
    Large, and section 8 of an Act entitled 'An Act to repeal
    timber-culture laws, and for other purposes,' approved March 3,
    1891, as amended by an Act approved March 3, 1891, chapter 559,
    page 1093, volume 26, United States Statutes at Large, and the
    several Acts amendatory thereof, be, and the same are hereby,
    extended so that,'' etc.
      This language was omitted as having been given effect by the
    combination of the remaining language of the act with section 1 of
    act June 3, 1878, to form this section, by section 612 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 605, 606, 607 of this
    title.
 
-CITE-
    16 USC Sec. 605                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 605. Unlawful cutting on mineral lands; notice to Secretary
 
-STATUTE-
      It shall be the duty of such officer as the Secretary of the
    Interior may designate in whose district any mineral land may be
    situated to ascertain from time to time whether any timber is being
    cut or used upon any such lands, except for the purposes authorized
    by section 604 of this title, within such land district; and, if
    so, he shall immediately notify the Secretary of the Interior of
    that fact; and all necessary expenses incurred in making such
    proper examinations shall be paid for and allowed such officer in
    making up his next quarterly account.
 
-SOURCE-
    (June 3, 1878, ch. 150, Sec. 2, 20 Stat. 88; 1946 Reorg. Plan No.
    3, Sec. 403, eff.  July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      ''Such officer as the Secretary of the Interior may designate''
    substituted in text for ''the register and the receiver of any
    local land office'', ''Secretary of the Interior'' for
    ''Commissioner of the General Land Office'', and ''such officer''
    for ''such register and receiver'' on authority of Reorg. Plan No.
    3 of 1946, set out in the Appendix to Title 5.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 604, 606, 607 of this
    title.
 
-CITE-
    16 USC Sec. 606                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 606. Offense for unlawful cutting on mineral lands; punishment
 
-STATUTE-
      Any person or persons who shall violate the provisions of
    sections 604 and 605 of this title, or any rules and regulations in
    pursuance thereof made by the Secretary of the Interior, shall be
    deemed guilty of a misdemeanor, and, upon conviction, shall be
    fined in any sum not exceeding $500, and to which may be added
    imprisonment for any term not exceeding six months.
 
-SOURCE-
    (June 3, 1878, ch. 150, Sec. 3, 20 Stat. 89.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 604, 607 of this title.
 
-CITE-
    16 USC Sec. 607                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 607. Cutting and removal of timber on certain public lands for
        certain purposes
 
-STATUTE-
      In the States of Alaska, Colorado, Montana, Idaho, North Dakota,
    and South Dakota, Wyoming, New Mexico, and Arizona, and the gold
    and silver regions of Nevada, California, Oregon, Washington, and
    Utah in any criminal prosecution or civil action by the United
    States for a trespass on such public timber lands or to recover
    timber or lumber cut thereon it shall be a defense if the defendant
    shall show that the said timber was so cut or removed from the
    timber lands for use in such State by a resident thereof for
    agricultural, mining, manufacturing, or domestic purposes under
    rules and regulations made and prescribed by the Secretary of the
    Interior and has not been transported out of the same, but nothing
    herein contained shall operate to enlarge the rights of any railway
    company to cut timber on the public domain.  The Secretary of the
    Interior may make suitable rules and regulations to carry out the
    provisions of this section, and he may designate the sections or
    tracts of land where timber may be cut, and it shall not be lawful
    to cut or remove any timber except as may be prescribed by such
    rules and regulations, but this section shall not operate to repeal
    sections 604 to 606 of this title.
 
-SOURCE-
    (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec.
    8, 26 Stat. 1099; Feb. 13, 1893, ch. 103, 27 Stat. 444; July 1,
    1898, ch. 546, Sec. 1, 30 Stat. 618; Mar. 3, 1901, ch. 855, 31
    Stat. 1436; Mar. 3, 1901, ch. 862, 31 Stat. 1439; Mar. 3, 1919, ch.
    111, 40 Stat. 1321; Mar. 3, 1919, ch. 115, 40 Stat. 1322; Feb. 27,
    1922, ch. 82, 42 Stat. 398; Aug. 21, 1935, ch. 591, 49 Stat. 665;
    Pub. L. 86-70, Sec. 41, June 25, 1959, 73 Stat. 151.)
 
-COD-
                                CODIFICATION
      Section was derived from section 8 of act Mar. 3, 1891, ch. 561.
    The portion of that section set forth here, as originally enacted
    was as follows: ''And in the States of Colorado, Montana, Idaho,
    North Dakota, and South Dakota, Wyoming, and in the District of
    Alaska and the gold and silver regions of Nevada, and the Territory
    of Utah, in any criminal prosecution or civil action by the United
    States for a trespass on such public timber lands or to recover
    timber or lumber cut thereon, it shall be a defense if the
    defendant shall show that the said timber was so cut or removed
    from the timber lands for use in such State or Territory by a
    resident thereof for agricultural, mining, manufacturing, or
    domestic purposes, and has not been transported out of the same;
    but nothing herein contained shall apply to operate to enlarge the
    rights of any railway company to cut timber on the public domain:
    Provided, That the Secretary of the Interior may make suitable
    rules and regulations to carry out the provisions of this
    section''.  It was amended to read as set forth here by act Mar. 3,
    1891, ch. 559, except that after the word ''Wyoming,'' the words
    ''New Mexico and Arizona,'' were inserted by act Feb. 13, 1893, and
    after the word ''Nevada,'' the words ''California, Oregon, and
    Washington'' were inserted by act Mar. 3, 1901, ch. 855.
      In the section as originally enacted the words ''Territory of
    Alaska'' read ''District of Alaska,'' and the words ''the Territory
    of,'' preceded the word ''Utah''.
      Act July 1, 1898, amended section in the manner set out in
    section 611 of this title.
      Act Mar. 3, 1919, ch. 111, amended section in the manner set out
    in section 608 of this title.
      Act Mar. 3, 1919, ch. 115, amended section in the manner set out
    in section 609 of this title.
      Act Feb. 27, 1922, amended section in the manner set out in
    section 610 of this title.
      Act Aug. 21, 1935, amended section in the manner set out in
    section 611a of this title.
      The portion of the section omitted here prescribed the time
    within which suits by the United States to annul patents should be
    brought, and is classified to section 1166 of Title 43, Public
    Lands.
 
-MISC3-
                                 AMENDMENTS
      1959 - Pub. L. 86-70 included Alaska within the enumeration of
    States and struck out provisions which related to Territory of
    Alaska.
 
-CROSS-
                              CROSS REFERENCES
      Citizens of Bear Lake County, Idaho, to be permitted to cut and
    remove timber on unappropriated public domain for domestic use
    subject to provisions of this section, see section 611a of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 608, 609, 610, 611, 611a,
    612, 613 of this title.
 
-CITE-
    16 USC Sec. 607a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 607a. Cutting and use of timber in Alaska by settlers,
        residents, miners, etc.
 
-STATUTE-
      The Secretary of the Interior may permit under regulations to be
    prescribed by him the use of timber found upon the public land in
    Alaska by actual settlers, residents, individual miners, and
    prospectors for minerals, for firewood, fencing, buildings, mining,
    prospecting, and for domestic purposes, as may actually be needed
    by such persons for such purposes and may permit such use by
    churches, hospitals, and charitable institutions in Alaska for
    firewood, fencing, buildings, and for domestic purposes.
 
-SOURCE-
    (May 14, 1898, ch. 299, Sec. 11, 30 Stat. 414; June 15, 1938, ch.
    437, 52 Stat. 699.)
 
-COD-
                                CODIFICATION
      Section is comprised of the last sentence of section 11 of act
    May 14, 1898. The remainder of section 11 of act May 14, 1898, is
    classified to section 615a of this title.
      Section was formerly classified to section 423 of Title 48,
    Territories and Insular Possessions.
 
-MISC3-
                                 AMENDMENTS
      1938 - Act June 15, 1938, inserted last clause relating to use of
    timber by churches, hospitals, and charitable institutions.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3215 of this title; title
    43 sections 942-1, 942-3 to 942-8.
 
-CITE-
    16 USC Sec. 608                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 608. Permits to cut and remove timber; citizens of Malheur
        County, Oregon
 
-STATUTE-
      It shall be lawful for the Secretary of the Interior to grant
    permits under the provisions of section 607 of this title to
    citizens of Malheur County, Oregon, to cut timber in the State of
    Idaho for agricultural, mining, or other domestic purposes, and to
    remove the timber so cut to Malheur County, State of Oregon.
 
-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Mar. 3, 1919, ch.
    111, 40 Stat. 1321.)
 
-COD-
                                CODIFICATION
      Section is derived from act Mar. 3, 1919, which recites that it
    amends section 8 of act Mar. 3, 1891, which is the source of
    section 607 of this title, by adding this section thereto.  Section
    8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a
    of this title.
 
-CITE-
    16 USC Sec. 609                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 609. Permits to cut and remove timber; citizens of Modoc
        County, California
 
-STATUTE-
      It shall be lawful for the Secretary of the Interior to grant
    permits under the provisions of section 607 of this title, to
    citizens of Modoc County, California, to cut timber in the State of
    Nevada for agricultural, mining, or other domestic purposes, and to
    remove the timber so cut to Modoc County, State of California.
 
-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Mar. 3, 1919, ch.
    115, 40 Stat. 1322.)
 
-COD-
                                CODIFICATION
      Section is derived from act Mar. 3, 1919, which recites that it
    amends section 8 of act Mar. 3, 1891, which is the source of
    section 607 of this title, by adding this section thereto.  Section
    8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a
    of this title.
 
-CITE-
    16 USC Sec. 610                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 610. Permits to cut and remove timber; citizens of Washington
        County and Kane County, Utah
 
-STATUTE-
      It shall be lawful for the Secretary of the Interior to grant
    permits under the provisions of section 607 of this title, to
    citizens of Washington County and of Kane County, Utah, to cut
    timber on the public lands of the counties of Mohave and Coconino,
    Arizona, for agricultural, mining, or other domestic purposes, and
    remove the timber so cut to said Washington County and Kane County,
    Utah.
 
-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Feb. 27, 1922, ch.
    82, 42 Stat. 398.)
 
-COD-
                                CODIFICATION
      Section is derived from act Feb. 27, 1922, which recites that it
    amends section 8 of act Mar. 3, 1891, which is the source of
    section 607 of this title, by adding this section thereto.  Section
    8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a
    of this title.
 
-CITE-
    16 USC Sec. 611                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 611. Permits to cut and remove timber; citizens of Idaho and
        Wyoming
 
-STATUTE-
      It shall be lawful for the Secretary of the Interior to grant
    permits under the provisions of section 607 of this title, to
    citizens of Idaho and Wyoming to cut timber in the State of Wyoming
    west of the Continental Divide on the Snake River and its
    tributaries to the boundary line of Idaho, for agricultural,
    mining, or other domestic purposes, and to remove the timber so cut
    to the State of Idaho.
 
-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 8 (part), as added July 1, 1898, ch.
    546, Sec. 1, 30 Stat. 618.)
 
-COD-
                                CODIFICATION
      Section is derived from act July 1, 1898, which recites that it
    amends section 8 of act Mar. 3, 1891, which is the source of
    section 607 of this title, by adding this section thereto.  Section
    8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a
    of this title.
 
-CITE-
    16 USC Sec. 611a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 611a. Permits to cut and remove timber; citizens of Bear Lake
        County, Idaho
 
-STATUTE-
      The Secretary of the Interior is authorized to grant permits,
    subject to the provisions of section 607 of this title, to citizens
    of Bear Lake County, Idaho, to cut and remove timber on the
    unappropriated public domain in Lincoln County, Wyoming, for
    domestic use in Bear Lake County, Idaho: Provided, That no live
    standing timber shall be taken without compensation.
 
-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 8 (part), as added Aug. 21, 1935, ch.
    591, 49 Stat. 665.)
 
-COD-
                                CODIFICATION
      Section is derived from act Aug. 1, 1935, which recites that it
    amends section 8 of act Mar. 31, 1891, which is the source of
    section 607 of this title, by adding this section thereto.  Section
    8 of act Mar. 3, 1891, is classified to sections 607, 608 to 611a
    of this title.
 
-CITE-
    16 USC Sec. 612                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 612. Permits to cut and remove timber to certain corporations
 
-STATUTE-
      It shall be lawful for the Secretary of the Interior to grant
    permits in accordance with the provisions of section 607 of this
    title, to corporations incorporated under a Federal law of the
    United States or incorporated under the laws of a State or
    Territory of the United States, other than the State in which the
    privilege is requested, said permits to confer the same rights and
    benefits upon such corporations as are conferred upon corporations
    incorporated in the State in which the privilege is to be
    exercised: Provided, That all such corporations shall first have
    complied with the laws of that State so as to entitle them to do
    business therein; but nothing herein shall operate to enlarge the
    rights of any railway company to cut timber on the public domain.
 
-SOURCE-
    (Jan. 11, 1921, ch. 22, 41 Stat. 1088.)
 
-COD-
                                CODIFICATION
      See portion of note under section 604 of this title relative to
    act Jan. 11, 1921, which is applicable equally to this section.
 
-CITE-
    16 USC Sec. 613                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 613. Limitations of use of timber taken not to apply to
        certain territory
 
-STATUTE-
      The provisions of section 607 of this title, limiting the use of
    timber taken from public lands to residents of the State in which
    such timber is found, for use within said State, shall not apply to
    the south slope of Pryor Mountains, in the State of Montana, lying
    south of the Crow Reservation, west of the Big Horn River, and east
    of Sage Creek; but within the above-described boundaries the
    provisions of said section shall apply equally to the residents of
    the States of Wyoming and Montana, and to the use of timber taken
    from the above-described tract in either of the above-named States.
 
-SOURCE-
    (Mar. 3, 1901, ch. 862, 31 Stat. 1439.)
 
-CITE-
    16 USC Sec. 614, 615                                         01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 614, 615. Repealed. Pub. L. 87-689, Sec. 2, Sept. 25, 1962, 76
        Stat. 588
 
-MISC1-
      Sections, acts Mar. 4, 1913, ch. 165, Sec. 1, 2, 37 Stat. 1015,
    1016; July 3, 1926, ch. 779, Sec. 1, 2, 44 Stat. 890, 891, related
    to sale of timber killed or damaged by forest-fires and to disposal
    of proceeds of sale of burnt timber on an existing claim.
                             SAVINGS PROVISION
      Section 2 of Pub. L. 87-689 provided in part that rights and
    liabilities existing under sections 614 and 615 of this title on
    Sept. 25, 1962, shall not be affected thereby.
 
-CITE-
    16 USC Sec. 615a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 615a. Sale of timber in Alaska; appraisal; local consumption;
        accounting; deposit in Treasury
 
-STATUTE-
      The Secretary of the Interior, under such rules and regulations
    as he may prescribe, may cause to be appraised the timber or any
    part thereof upon public lands in Alaska, and may from time to time
    sell so much thereof as he may deem proper for not less than the
    appraised value thereof, in such quantities to each purchaser as he
    shall prescribe, to be used in Alaska except as aforesaid, but not
    for export therefrom except as provided under section 615b of this
    title.  And such sales shall at all times be limited to actual
    necessities for consumption in Alaska from year to year, and
    payments for such timber shall be made to such officer as the
    Secretary of the Interior may designate of the local land office of
    the land district in which said timber may be sold, under such
    rules and regulations as the Secretary of the Interior may
    prescribe, and the moneys arising therefrom shall be accounted for
    by such officer as the Secretary of the Interior may designate to
    the Secretary of the Interior in a separate account, and shall be
    covered into the Treasury.
 
-SOURCE-
    (May 14, 1898, ch. 299, Sec. 11, 30 Stat. 414; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144;
    1946 Reorg. Plan. No. 3, Sec. 403, eff.  July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100.)
 
-COD-
                                CODIFICATION
      Section is comprised of the first two sentences of section 11 of
    act May 14, 1898, the remainder of section 11 of act May 14, 1898,
    is classified to section 607a of this title.
      Section was formerly classified to section 421 of Title 48,
    Territories and Insular Possessions.
 
-CHANGE-
                               CHANGE OF NAME
      Acts Oct. 28, 1921, and Mar. 3, 1925, consolidated offices of
    register and receiver and provided for a single officer to be known
    as register.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Functions of Commissioner of General Land Office and registers
    transferred to Secretary of the Interior or that officer as the
    Secretary may designate, see Reorg. Plan No. 3 of 1946, set out in
    the Appendix to Title 5.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 3215 of this title; title
    43 sections 942-1, 942-3 to 942-8.
 
-CITE-
    16 USC Sec. 615b                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 615b. Exportation of timber pulp wood and wood pulp from
        Alaska
 
-STATUTE-
      Birch timber and pulp wood or wood pulp manufactured from timber
    in Alaska may be exported therefrom.
 
-SOURCE-
    (Feb. 1, 1905, ch. 288, Sec. 2, 33 Stat. 628; June 5, 1920, ch.
    235, Sec. 1, 41 Stat. 917.)
 
-COD-
                                CODIFICATION
      Section was formerly classified to section 422 of Title 48,
    Territories and Insular Possessions.
 
-MISC3-
                                 AMENDMENTS
      1920 - Act June 5, 1920, authorized exportation of birch timber.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 615a of this title.
 
-CITE-
    16 USC Sec. 616                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 616. Exportation of timber cut on national forest or public
        land in Alaska
 
-STATUTE-
      Timber lawfully cut on any national forest, or on the public
    lands in Alaska, may be exported from the State or Territory where
    grown if, in the judgment of the Secretary of the department
    administering the national forests, or the public lands in Alaska,
    the supply of timber for local use will not be endangered thereby,
    and the respective Secretaries concerned are authorized to issue
    rules and regulations to carry out the purposes of this section.
 
-SOURCE-
    (Apr. 12, 1926, Sec. 1, ch. 117, 44 Stat. 242.)
 
-MISC1-
                        ADMISSION OF ALASKA AS STATE
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.
 
-CITE-
    16 USC Sec. 617                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 617. Exportation of unprocessed timber from Federal lands
 
-STATUTE-
    (a) Limitation of quantity available for export
      For each of the calendar years 1969 through 1973, inclusive, not
    more than 350 million board feet, in the aggregate, of unprocessed
    timber may be sold for export from the United States from Federal
    lands located west of the 100th meridian.
    (b) Surplus quantities and species available for export; public
        hearing; administrative finding
      After public hearing and a finding by the appropriate Secretary
    of the department administering Federal lands referred to in
    subsection (a) of this section that specific quantities and species
    of unprocessed timber are surplus to the needs of domestic users
    and processors, such quantities and species may be designated by
    the said Secretary as available for export from the United States
    in addition to that quantity stated in subsection (a) of this
    section.
    (c) Rules and regulations; prevention of substitution of Federal
        for non-Federal timber
      The Secretaries of the departments administering lands referred
    to in subsection (a) of this section may issue rules and
    regulations to carry out the purposes of this section, including
    the prevention of substitution of timber restricted from export by
    this section for exported non-Federal timber.
    (d) Limitations inapplicable to sales of prescribed minimum value
      In issuing rules and regulations pursuant to subsection (c) of
    this section, the appropriate Secretaries may include therein
    provisions authorizing the said Secretaries, in their discretion,
    to exclude from the limitations imposed by this section sales
    having an appraised value of less than $2,000.
 
-SOURCE-
    (Apr. 12, 1926, ch. 117, Sec. 2, as added Pub. L. 90-554, pt.  IV,
    Sec. 401, Oct. 8, 1968, 82 Stat. 966; amended Pub. L. 91-609, title
    IX, Sec. 921, Dec. 31, 1970, 84 Stat. 1817.)
 
-MISC1-
                                 AMENDMENTS
      1970 - Subsec. (a). Pub. L. 91-609 extended date for application
    of limitation provision from 1971 to 1973 calendar year.
 
-CITE-
    16 USC Sec. 618                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 618. Timber contract payment modification
 
-STATUTE-
    (a) Statement of purpose, authorization, scope, qualifications,
        financial requirements, etc., for buy-out
      (1) Notwithstanding any other provisions of law, in order to
    retain jobs, to preserve free competition, to utilize the potential
    productive capacity of plants, to preserve small communities
    dependent on a single economic sector to assure an open and
    competitive market for future sales of Government timber, and to
    lessen the impact of unemployment, the Secretary of Agriculture for
    national forest lands and the Secretary of the Interior for public
    lands under their respective jurisdictions are authorized and
    directed to permit a requesting purchaser to return to the
    Government a volume of the purchaser's timber contracts as
    determined under paragraph (2) upon payment of a buy-out charge
    from such purchaser in an amount as determined under paragraph (3).
    The purchaser shall be released from further obligation to cut,
    remove, and pay for timber under such contract upon payment, or
    arrangement for payment as provided under paragraph (3)(E), of such
    buy-out charge and completion of any obligation required pursuant
    to paragraph (4)(B). The Government does not hereby surrender any
    other claim against a purchaser which arose under a contract prior
    to effectuation of this release and not in connection with this
    release from obligation to cut, harvest and pay for timber.
      (2)(A) To qualify for buy-out under this section, a timber sales
    contract must have been bid prior to January 1, 1982, for an
    original contract period of 10 years or less, and be held as of
    June 1, 1984: Provided, That any such contract that was defaulted
    after January 1, 1981 may qualify for buy-out under this section so
    long as (i) settlement for damages has not been reached between the
    purchaser and the United States; and (ii) the purchaser's loss on
    all of its qualifying timber sales contracts, as determined in
    paragraph (3)(A), is in excess of 50 per centum of the net book
    worth of the purchaser.  A contract is qualified for buy-out
    notwithstanding the fact that it was reformed after October 1,
    1983, pursuant to Bureau of Land Management Instructional
    Memorandum 83-743 or is included in a Forest Service multisale plan
    pursuant to the President's program of July 28, 1983.
      (B) A purchaser holding more than twenty-seven million three
    hundred thousand board feet of net merchantable sawtimber as of
    January 1, 1982, in qualifying contracts as provided in
    subparagraph (A) shall be entitled to buy out up to 55 per centum
    of such timber volume up to a maximum of two hundred million board
    feet.
      (C) A purchaser holding twenty-seven million three hundred
    thousand or less board feet of net merchantable sawtimber as of
    January 1, 1982, in qualifying contracts as provided in
    subparagraph (A) shall be entitled to buy out up to fifteen million
    board feet of such timber volume or one contract, whichever is
    greater in volume.
      (D) So long as the volume limitation of two hundred million board
    feet is not exceeded, the percentage limitation of subparagraph (B)
    or the volume limitation of subparagraph (C) may be exceeded by a
    volume amount not to exceed the volume of the smallest volume
    contract bought out by the purchaser if the purchaser could not
    otherwise attain his percentage or volume entitlement.
      (E) Timber returned to the Government pursuant to this subsection
    shall be available for resale by the Government upon payment, or
    arrangement for payment, of the buy-out charge and completion of
    obligations, if any, under paragraph (4)(B).
      (3)(A) Sums collected by the appropriate Secretary in connection
    with the buy-out of contracts pursuant to this subsection shall be
    deposited in and paid from the Treasury in the same manner as
    moneys received from timber sales from such lands and shall be
    determined as follows: The purchaser's loss on any qualifying
    timber sales contracts shall be determined by the Forest Service or
    the Bureau of Land Management by subtracting the current delivered
    log value (as determined by such agency) from the delivered log
    cost based on the current contract return (as determined by such
    agency) of any such contracts.  If such loss is -
        (i) in excess of 100 per centum of the net book worth of the
      purchaser, the buy-out cost shall be $10 per one thousand board
      feet of currently held volume bought out;
        (ii) in excess of 50 per centum up to 100 per centum of the net
      book worth of the purchaser, the buy-out cost shall be 10 per
      centum of the contract overbid but at least $10 per one thousand
      board feet of currently held volume bought out; or
        (iii) up to 50 per centum or less of the net book worth of the
      purchaser, the buy-out cost shall be 15 per centum for the
      purchaser's first one hundred twenty-five million board feet, 20
      per centum for additional board feet above one hundred
      twenty-five million up to one hundred fifty million, 25 per
      centum for additional board feet above one hundred fifty million
      up to one hundred seventy-five million, and 30 per centum for
      additional board feet above one hundred seventy-five million up
      to two hundred million, of the contract overbid but at least $10
      per one thousand board feet of currently held volume bought out.
      (B) For purposes of this paragraph, the term ''net book worth''
    does not include the value of any outstanding uncut Federal timber
    sales contracts.
      (C) Net book worth shall be, subject to agency verification, as
    determined by an independent certified public accountant in
    accordance with generally accepted accounting standards for the
    timber industry.
      (D) A purchaser may elect to pay the buy-out cost imposed by
    subparagraph (A)(iii) in lieu of utilizing loss and net book worth
    determinations.
      (E) Where a purchaser is not able to obtain sufficient credit
    elsewhere to finance the buy-out charge at reasonable rates and
    terms, purchaser may, upon payment of 5 per centum of the buy-out
    charge, pay the remainder of the buy-out charge in equal quarterly
    payments over a period not to exceed 5 years at an interest rate
    adjusted with each payment equal to the average market yield of
    outstanding Treasury obligations with remaining years to maturity
    of five years payment must be secured by bond, deposited securities
    or other forms of security acceptable to the appropriate Secretary
    in an amount sufficient to cover the entire buy-out payment.
      (F) For purposes of this paragraph, the term ''contract overbid''
    is the difference between the advertised contract rate and the rate
    the purchaser bid.
      (4)(A) Contracts returned pursuant to this subsection under which
    no harvest has begun shall be returned in full.
      (B) Contracts returned to the appropriate Secretary pursuant to
    this subsection under which harvest has begun, shall be returned
    conditionally and shall not be considered as part of the
    outstanding volume of timber under contract for the purposes of
    this Act. The return shall become final after the purchaser has
    completed stages of contractual obligations for the units on which
    the harvest has begun, including work on roads, to logical stopping
    points as determined by the Secretary after consultation with the
    purchaser.  All remaining unharvested units must be returned.
      (C) The appropriate Secretary may reject return of a contract on
    which harvest has begun if he determines, in his discretion, that
    the remaining unharvested portion is substantially unrepresentative
    of the original sale as a whole in terms of species, logging
    methods, or other appropriate criteria, and that accepting the
    return of such contract would seriously disadvantage the
    Government.
      (5)(A) Timber from returned or defaulted contracts shall be
    offered for resale in an orderly fashion as part of, and not in
    addition to, the normal congressionally authorized timber sales
    program, and in a manner which does not disrupt regional markets or
    artificially depress domestic timber prices.  Timber from returned
    or defaulted contracts shall be given preference for resale in the
    Forest Service timber sales programs.
      (B) Timber sales in Forest Service region 6 shall not exceed four
    billion three hundred million board feet of net merchantable
    sawtimber in fiscal year 1984.
      (C) Beginning in fiscal year 1985 and continuing through fiscal
    year 1991 or the fiscal year in which timber contract extensions in
    region 6 granted under the President's program of July 28, 1983 (as
    constituted on October 16, 1984), are completed, whichever is
    later, the Secretary of Agriculture shall set, and periodically
    adjust as necessary, the maximum annual timber sale volume in
    region 6. Such maximum sale volume shall be set so as to achieve a
    volume of region 6 net merchantable sawtimber under contract at the
    end of each fiscal year which does not exceed twelve billion three
    hundred million board feet: Provided, however, That such maximum
    annual sale volume shall not exceed five billion two hundred
    million board feet of net merchantable sawtimber.  The sale of
    timber within region 6 shall be made in such a manner as not to
    result in discriminatory treatment as between different forests in
    the region.
      (6)(A) The Secretary of the Interior and the Secretary of
    Agriculture shall publish final rules for the implementation of
    this subsection in the Federal Register within ninety days after
    October 16, 1984.
      (B) Such final rules shall require purchasers to submit buy-out
    requests to the appropriate Secretary within ninety days after the
    publication of such rules.
      (7)(A) For purposes only of determining a purchaser's buy-out
    limitation under paragraph (2) and net worth in connection with
    buy-out cost under paragraph (3), concerns which are affiliates as
    defined under subparagraph (B) of this paragraph shall be treated
    as a single entity.
      (B) Definition of affiliates: Concerns are affiliates of each
    other when either directly or indirectly, one concern controls or
    has the power to control the other, or a third party or parties
    controls or has the power to control both.  In determining whether
    or not affiliation exists, consideration shall be given to all
    appropriate factors, including, but not limited to, common
    ownership, common management, and contractual relationships.
      (C) Definition of purchaser: For the purposes of this Act, a
    purchaser is the holder of a contract to purchase timber from the
    Secretary of Agriculture or the Secretary of the Interior.
    (b) Extension of time for performance of contracts; covered
        contracts; damages for default
      (1) Timber contracts bid prior to January 1, 1982, not bought out
    pursuant to subsection (a) of this section and included in the
    President's program of July 28, 1983, shall not be subject to any
    further extension of time for performance except as permitted under
    the President's program of July 28, 1983, as implemented by the
    Secretary of Agriculture and the Secretary of the Interior,
    providing for the extension of certain timber sale contracts and
    requiring the phased harvesting of such extended contracts, which
    program is hereby ratified except as modified by paragraph (2).
      (2) Notwithstanding any other provision of law, timber contracts
    extended pursuant to the President's program of July 28, 1983, as
    implemented by the Secretary of Agriculture shall not be subject to
    inclusion of additional provisions for calculating damages for
    default.
    (c) Monitoring of bidding patterns on timber sale contracts;
        discouragement of bids; reporting requirements
      The Secretary of Agriculture and the Secretary of the Interior
    shall monitor bidding patterns on timber sale contracts and take
    action to discourage bidding at such a rate as would indicate that
    the bidder, if awarded the contract, would be unable to perform the
    obligations as required, or that the bid is otherwise for the
    purpose of speculation.  Each Secretary shall include in the annual
    report to Congress information concerning actions taken under this
    subsection.
    (d) Cash down-payment and periodic payments for contracts;
        effective date
      Effective January 1, 1985, in any contract for the sale of timber
    from the National Forests, the Secretary of Agriculture shall
    require a cash down-payment at the time the contract is executed
    and periodic payments to be made over the remaining period of the
    contract.
 
-SOURCE-
    (Pub. L. 98-478, Sec. 2, Oct. 16, 1984, 98 Stat. 2213.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in subsec. (a)(4)(B), (7)(C), is Pub. L.
    98-478, Oct. 16, 1984, 98 Stat. 2213, which enacted sections 539f,
    618, and 619 of this title and provisions set out as a note under
    this section.  For complete classification of this Act to the Code,
    see Short Title note below and Tables.
 
-MISC2-
                                SHORT TITLE
      Section 1 of Pub. L. 98-478 provided: ''That this Act (enacting
    this section and sections 539f and 619 of this title) may be cited
    as 'Federal Timber Contract Payment Modification Act'.''
                   ADMINISTRATIVE APPEALS OF TIMBER SALES
      Pub. L. 99-500, Sec. 101(h) (title III, Sec. 320), Oct. 18, 1986,
    100 Stat. 1783-242, 1783-286, and Pub. L. 99-591, Sec. 101(h)
    (title III, Sec. 320), Oct. 30, 1986, 100 Stat. 3341-242, 3341-287,
    provided that: ''To assure that National Forest and Bureau of Land
    Management timber included in sales defaulted by the purchaser, or
    returned under the Federal Timber Contract Payment Modification Act
    (Public Law 98-478) (see Short Title note above), is available for
    resale in a timely manner, such sales shall be subject only to one
    level of administrative appeal.  This limitation shall not abridge
    the right of judicial review.  Actions on such administrative
    appeals should be completed within 90 days of receipt of the notice
    of appeal.  Sales that are reoffered shall be modified, including
    minor additions or deletions, as appropriate, to reduce adverse
    environmental impacts, pursuant to current land management plans
    and guidelines, and such modifications in themselves should not be
    construed to require the preparation of new or supplemental
    environmental assessments.  This section shall not apply to any
    decision on the determination of damages due to the Government for
    defaulted or canceled contracts.''
 
-CITE-
    16 USC Sec. 619                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 619. Emergency stumpage rate redeterminations in Alaska
 
-STATUTE-
    (a) Application; applicable period
      Emergency stumpage rate redetermination shall be made upon the
    written application of the purchaser of National Forest timber in
    Alaska, bid after January 1, 1974, and rates established as a
    result thereof shall be effective for timber scaled during a period
    between January 1, 1981, and five years from October 16, 1984.
    (b) Competitive effect of modification of contracts
      In making the emergency rate redeterminations the Secretary may
    modify existing contract terms, including the amount of the bid
    premium, in order to provide rates which will permit the holders of
    contracts bid after January 1, 1974, to be competitive with other
    purchasers of National Forest timber.
    (c) Excepted contracts
      The provisions of this section shall not apply to contracts held
    by the holders of 50-year timber sale contracts in Alaska.
 
-SOURCE-
    (Pub. L. 98-478, Sec. 4, Oct. 16, 1984, 98 Stat. 2217.)
 
-CITE-
    16 USC Sec. 620                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620. Findings and purposes
 
-STATUTE-
    (a) Findings
      The Congress makes the following findings:
        (1) Timber is essential to the United States.
        (2) Forests, forest resources, and the forest environment are
      exhaustible natural resources that require efficient and
      effective conservation efforts.
        (3) In the interest of conserving those resources, 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 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 purposes.
        (5) In the next few months and years, additional amounts of
      otherwise harvestable timberlands may be set aside for
      conservation purposes, pursuant to the Endangered Species Act of
      1973 (16 U.S.C. 1531 et seq.), the National Forest 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 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 actions expected
      in the next few months and years, conservation action is
      necessary with respect to exports of unprocessed timber.
    (b) Purposes
      The purposes of sections 620 to 620j of this title are -
        (1) to promote the conservation of forest resources in
      conjunction with State and Federal resources management plans,
      and other actions or decisions, affecting the use of forest
      resources;
        (2) to take action essential for the acquisition and
      distribution of forest resources 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), to ensure sufficient supplies of certain forest resources 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 harvested from
      Federal lands 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), respectively, of
      section 3501 of title 19).
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 488, Aug. 20, 1990, 104 Stat. 714;
    Pub. L. 106-36, title I, Sec. 1002(a)(1), June 25, 1999, 113 Stat.
    132.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Endangered Species Act of 1973, referred to in subsec.
    (a)(5), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,
    which is classified generally to chapter 35 (Sec. 1531 et seq.) of
    this title.  For complete classification of this Act to the Code,
    see Short Title note set out under section 1531 of this title and
    Tables.
      The National Forest Management Act of 1976, referred to in
    subsec. (a)(5), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as
    amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614
    of this title, amended sections 500, 515, 516, 518, 576b, 581h, and
    1601 to 1610 of this title, repealed sections 476, 513, and 514 of
    this title, and enacted provisions set out as notes under sections
    476, 513, 528, 594-2, and 1600 of this title.  For complete
    classification of this Act to the Code, see Short Title of 1976
    Amendment note set out under section 1600 of this title and Tables.
      Sections 620 to 620j of this title, referred to in subsec. (b),
    was in the original ''this title'', meaning title IV of Pub. L.
    101-382, Aug. 20, 1990, 104 Stat. 714, which enacted sections 620
    to 620j of this title and provisions set out as notes below.  For
    complete classification of this Act to the Code, see Short Title
    note below and Tables.
 
-MISC2-
                                 AMENDMENTS
      1999 - Subsec. (b)(3). Pub. L. 106-36, Sec. 1002(a)(1)(A),
    substituted ''GATT 1994 (as defined in section 3501(1)(B) of title
    19)'' for ''General Agreement on Tariffs and Trade''.
      Subsec. (b)(5). Pub. L. 106-36, Sec. 1002(a)(1)(B), substituted
    ''WTO Agreement and the multilateral trade agreements (as such
    terms are defined in paragraphs (9) and (4), respectively, of
    section 3501 of title 19)'' for ''General Agreement on Tariffs and
    Trade''.
                               EFFECTIVE DATE
      Section 494 of title IV of Pub. L. 101-382 provided that:
    ''Except as otherwise provided in this title, the provisions of
    this title (enacting this section and sections 620a to 620j of this
    title and provisions set out as a note below) take effect on the
    date of the enactment of this Act (Aug. 20, 1990).''
                       SHORT TITLE OF 1997 AMENDMENT
      Pub. L. 105-83, title VI, Sec. 601, Nov. 14, 1997, 111 Stat.
    1617, provided that: ''This title (amending sections 620b to 620f
    of this title) may be cited as the 'Forest Resources Conservation
    and Shortage Relief Act of 1997'.''
                       SHORT TITLE OF 1993 AMENDMENT
      Pub. L. 103-45, Sec. 1, July 1, 1993, 107 Stat. 223, provided
    that: ''This Act (amending sections 620c and 620d of this title and
    enacting provisions set out as a note under section 620c of this
    title) may be cited as the 'Forest Resources Conservation and
    Shortage Relief Amendments Act of 1993'.''
                                SHORT TITLE
      Section 487 of title IV of Pub. L. 101-382 provided that: ''This
    title (enacting this section and sections 620a to 620j of this
    title and provisions set out as a note above) may be cited as the
    'Forest Resources Conservation and Shortage Relief Act of 1990'.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620b, 620c, 620d, 620e,
    620f, 620g, 620h, 620j of this title.
 
-CITE-
    16 USC Sec. 620a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620a. Restrictions on exports of unprocessed timber
        originating from Federal lands
 
-STATUTE-
    (a) Prohibition on export of unprocessed timber originating from
        Federal lands
      No person who acquires unprocessed timber originating from
    Federal lands west of the 100th meridian in the contiguous 48
    States may export such timber from the United States, or sell,
    trade, exchange, or otherwise convey such timber to any other
    person for the purpose of exporting such timber from the United
    States, unless such timber has been determined under subsection (b)
    of this section 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) of this section
      shall not apply to specific quantities of grades and species of
      unprocessed timber originating from Federal lands which the
      Secretary concerned determines to be surplus to domestic
      manufacturing needs.
      (2) Procedures
        Any determination under paragraph (1) shall be made in
      regulations issued in accordance with section 553 of title 5. Any
      such determination shall be reviewed at least once in every
      3-year period.  The Secretary concerned shall publish notice of
      such review in the Federal Register, and shall give the public an
      opportunity to comment on such review.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 489, Aug. 20, 1990, 104 Stat.
    715.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620b                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620b. Limitations on substitution of unprocessed Federal
        timber for unprocessed timber exported from private lands
 
-STATUTE-
    (a) Direct substitution
      (1) Except as provided in paragraph (3) and subsection (c) of
    this section, no person may purchase directly from any department
    or agency of the United States unprocessed timber originating from
    Federal lands west of the 100th meridian in the contiguous 48
    States if -
        (A) such unprocessed timber is to be used in substitution for
      exported unprocessed timber originating from private lands; or
        (B) such person has, during the preceding 24-month period,
      exported unprocessed timber originating from private lands.
      (2) Notwithstanding paragraph (1) -
        (A) Federal timber purchased pursuant to a contract entered
      into between the purchaser and the Secretary concerned before the
      date on which regulations to carry out this subsection are issued
      under section 620f of this title shall be governed by the
      regulations of the Secretary concerned in effect before such date
      that restrict the substitution of unprocessed timber originating
      from Federal lands for exported timber originating from private
      lands;
        (B) in the 1-year period beginning on August 20, 1990, any
      person who operates under a Cooperative Sustained Yield Unit
      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's historic export quota
      used during fiscal year 1989;
        (C) a person referred to in subparagraph (B) shall reduce the
      person'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) shall
      not apply to any person who -
          (i) before August 20, 1990, has, under an historic export
        quota approved by the Secretary concerned, purchased
        unprocessed timber originating from Federal lands west of the
        100th meridian in the contiguous 48 States in substitution for
        exported unprocessed timber originating from private lands;
          (ii) certifies to the Secretary concerned, within 3 months
        after August 20, 1990, that the person will, within 6 months
        after August 20, 1990, cease exporting unprocessed timber
        originating from private lands; and
          (iii) ceases exports in accordance with such certification.
      (3) Applicability. - In the case of the purchase by a person of
    unprocessed timber originating from Federal lands west of the 119th
    meridian in the State of Washington, paragraph (1) shall apply only
    if -
        (A) the private lands referred to in paragraph (1) are owned by
      the person; or
        (B) the person has the exclusive right to harvest timber from
      the private lands described in paragraph (1) during a period of
      more than 7 years, and may exercise that right at any time of the
      person's choosing.
    (b) Indirect substitution
      (1) In general
        Except as provided in paragraph (2), no person may, beginning
      21 days after August 20, 1990, purchase from any other person
      unprocessed timber originating from Federal lands west of the
      100th meridian in the contiguous 48 States if such person would
      be prohibited from purchasing such timber directly from a
      department or agency of the United States. Acquisitions 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 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 originating from
      Federal lands described in subparagraph (B) which may be
      purchased by a person otherwise covered by the prohibition
      contained in paragraph (1). Such limit shall equal -
          (i) the amount of such timber acquired by such person, 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 feet,
      whichever is less, except that such limit shall not exceed such
      person's proportionate share, with respect to all persons covered
      under this paragraph, of 50 million board feet.
        (B) The Federal lands referred to in subparagraph (A) are
      Federal lands administered by the United States Forest Service
      Region 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 may sell, trade, or otherwise exchange with any
      other person the rights obtained under subparagraph (A), except
      that such rights may not be sold, traded, or otherwise exchanged
      to persons already in possession of such rights obtained under
      subparagraph (A).
        (D) Federal timber purchased from Federal lands described in
      subparagraph (B) pursuant to a contract entered into between the
      purchaser and the Secretary of Agriculture before the date on
      which regulations to carry out this subsection are issued under
      section 620f of this title shall be governed by the regulations
      of the Secretary of Agriculture in effect before such date that
      restrict the substitution of unprocessed timber originating from
      Federal lands for exported timber originating from private lands.
    (c) Sourcing areas
      (1) In general
        The prohibitions contained in subsections (a) and (b) of this
      section shall not apply with respect to the acquisition of
      unprocessed timber originating from Federal lands within a
      sourcing area west of the 100th meridian in the contiguous 48
      States approved by the Secretary concerned under this subsection
      by a person who -
          (A) in the previous 24 months, has not exported unprocessed
        timber originating from private lands within the sourcing area;
        and
          (B) during the period in which such approval is in effect,
        does not export unprocessed timber originating from private
        lands within the sourcing area.
      The Secretary concerned may waive the 24-month requirement set
      forth in subparagraph (A) for any person who, within 3 months
      after August 20, 1990, certifies that, within 6 months after
      August 20, 1990, such person will, for a period of not less than
      3 years, cease exporting unprocessed timber originating from
      private lands within the sourcing area.
      (2) Requirements for application for sourcing areas for
          processing facilities located outside the northwestern
          private timber open market area
        The Secretaries concerned shall, not later than 3 months after
      August 20, 1990, prescribe procedures to be used by a person
      applying for approval of a sourcing area under paragraph (1).
      Such procedures shall require, at a minimum, the applicant to
      provide -
          (A) information regarding the location of private lands
        (except private land located in the northwestern private timber
        open market area) from which such person has, within the
        previous year, harvested or otherwise acquired unprocessed
        timber 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 within
        the proposed sourcing area boundaries at which the applicant
        proposes to process timber originating from Federal lands.
      The prohibition contained in subsection (a) of this section shall
      not apply to a person before the date which is 1 month after the
      procedures referred to in this paragraph are prescribed.  With
      respect to any person 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) of this section shall not apply to such person before the
      date on which the Secretary concerned 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 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,
        either approve or disapprove the application.  The Secretary
        concerned may approve such application only if the Secretary
        determines that the area 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 are located, is geographically and economically
        separate from any geographic area from which that person
        harvests for export any unprocessed timber originating from
        private lands.
        (B) For timber manufacturing facilities located in Idaho
          Except as provided in subparagraph (D), in making a
        determination referred to in subparagraph (A), the Secretary
        concerned 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 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), in making the
        determination referred to in subparagraph (A), the Secretary
        concerned 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 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 other than Idaho.
        (D) Area not included
          In deciding whether to approve or disapprove an application,
        the Secretary shall not -
            (i) consider land located in the northwestern private
          timber open market area; or
            (ii) condition approval of the application on the inclusion
          of any such land in the applicant's sourcing area, such land
          being includable in the sourcing area 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), 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
      originating from Federal lands in the area which is the subject
      of the application in an amount not to exceed 75 percent of the
      annual average of such person's purchases of unprocessed timber
      originating from Federal lands in the same area during the 5 full
      fiscal years immediately prior to submission of the application.
      In the subsequent 6-month period, such person may purchase not
      more than 25 percent of such annual average, after which time the
      prohibitions contained in subsection (a) of this section shall
      fully apply.
        (B) If a person referred to in subparagraph (A) certifies to
      the Secretary concerned, within 90 days after receiving
      disapproval of such application, that such person shall, within
      15 months after such disapproval, cease the export of unprocessed
      timber originating from private lands from the geographic area
      determined by the Secretary for which the application would have
      been approved, such person may continue to purchase unprocessed
      timber originating from Federal lands in the area which is the
      subject of the application, without being subject to the
      restrictions of subparagraph (A), except that such purchases
      during that 15-month period may not exceed 125 percent of the
      annual average of such person's purchases of unprocessed timber
      originating from Federal lands in the same area during the 5 full
      fiscal years immediately prior to submission of the application
      which was denied.
        (C) Any person to whom subparagraph (B) applies may not, during
      the 15-month period after the person's application for sourcing
      area boundaries is denied, export unprocessed timber originating
      from private lands in the geographic area determined by the
      Secretary concerned for which the application would have been
      approved in amounts that exceed 125 percent of the annual average
      of such person's exports of unprocessed timber from such private
      lands 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) shall be reviewed, in
      accordance with the procedures prescribed in sections 620 to 620j
      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 -
            (i) a sourcing area boundary shall be a circle around the
          processing facility of the sourcing area applicant or holder;
            (ii) the radius of the circle -
              (I) shall be the furthest distance that the sourcing area
            applicant or holder proposes to haul Federal timber for
            processing at the processing facility; and
              (II) shall be determined solely by the sourcing area
            applicant or holder;
            (iii) a sourcing area shall become effective on written
          notice to the Regional Forester for Region 6 of the Forest
          Service of the location of the boundary of the sourcing area;
            (iv) the 24-month requirement in paragraph (1)(A) shall not
          apply;
            (v) a sourcing area holder -
              (I) may adjust the radius of the sourcing area not more
            frequently than once every 24 months; and
              (II) shall provide written notice to the Regional
            Forester for Region 6 of the adjusted boundary of its
            sourcing area before using the adjusted sourcing area; and
            (vi) a sourcing area holder that relinquishes a sourcing
          area may not reestablish a sourcing area for that processing
          facility before the date that is 24 months after the date on
          which the sourcing area was relinquished.
        (B) Transition
          With respect to a portion of a sourcing area 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 established under subparagraph (A) -
            (i) that portion shall continue to be a sourcing area only
          until unprocessed Federal timber from the portion is no
          longer in the possession of the sourcing area holder; and
            (ii) unprocessed timber from private land in that portion
          shall be exportable immediately after unprocessed timber from
          Federal land in the portion is no longer in the possession of
          the sourcing area holder.
      (7) Relinquishment and termination of sourcing areas
        (A) In general
          A sourcing area may be relinquished at any time.
        (B) Effective date
          A relinquishment of a sourcing area shall be effective as of
        the date on which written notice is provided by the sourcing
        area holder to the Regional Forester with jurisdiction over the
        sourcing area where the processing facility of the holder is
        located.
        (C) Exportability
          (i) In general
            On relinquishment or termination of a sourcing area,
          unprocessed timber from private land within the former
          boundary of the relinquished or terminated sourcing area is
          exportable immediately after unprocessed timber from Federal
          land from within that area is no longer in the possession of
          the former sourcing area holder.
          (ii) No restriction
            The exportability of unprocessed timber from private land
          located outside of a sourcing area shall not be restricted or
          in any way affected by relinquishment or termination of a
          sourcing area.
    (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 may prohibit
    processing facilities located in the State of Idaho that have
    sourcing areas from processing timber harvested from private land
    outside of the boundaries of those sourcing areas.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 490, Aug. 20, 1990, 104 Stat. 715;
    Pub. L. 105-83, title VI, Sec. 602(a), Nov. 14, 1997, 111 Stat.
    1618.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      August 20, 1990, referred to in subsec. (a)(2)(B), was in the
    original ''the effective date of this title'', which is the date of
    enactment of title IV of Pub. L. 101-382, approved Aug. 20, 1990,
    except as otherwise provided in sections 620 to 620j of this title,
    see section 494 of Pub. L. 101-382, set out as an Effective Date
    note under section 620 of this title.
 
-MISC2-
                                 AMENDMENTS
      1997 - Subsec. (a)(1). Pub. L. 105-83, Sec. 602(a)(1)(A),
    inserted ''paragraph (3) and'' after ''Except as provided in''.
      Subsec. (a)(3). Pub. L. 105-83, Sec. 602(a)(1)(B), added par.
    (3).
      Subsec. (c). Pub. L. 105-83, Sec. 602(a)(2)(A), struck out
    ''Approval of'' before ''Sourcing areas'' in heading.
      Subsec. (c)(2). Pub. L. 105-83, Sec. 602(a)(2)(B)(i), inserted
    ''for sourcing areas for processing facilities located outside the
    northwestern private timber open market area'' after
    ''application'' in heading.
      Subsec. (c)(2)(A). Pub. L. 105-83, Sec. 602(a)(2)(B)(ii),
    inserted ''(except private land located in the northwestern private
    timber open market area)'' after ''private lands''.
      Subsec. (c)(3). Pub. L. 105-83, Sec. 602(a)(2)(C), inserted ''for
    sourcing areas for processing facilities located outside of the
    northwestern private timber open market area'' in heading,
    designated existing provisions as subpar. (A), inserted heading,
    and struck out at end ''In making a determination referred to in
    this paragraph, the Secretary concerned shall consider equally the
    timber purchasing patterns, on private and Federal lands, of the
    applicant as well as other persons in the same local vicinity as
    the applicant, and the relative similarity of such purchasing
    patterns.'', and added subpars. (B) to (D).
      Subsec. (c)(4), (5). Pub. L. 105-83, Sec. 602(a)(2)(D), (E),
    inserted ''for sourcing areas for processing facilities located
    outside the northwestern private timber open market area'' in
    headings.
      Subsec. (c)(6), (7). Pub. L. 105-83, Sec. 602(a)(2)(F), added
    pars. (6) and (7).
      Subsec. (d). Pub. L. 105-83, Sec. 602(a)(3), added subsec. (d).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620c                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620c. Restriction on exports of unprocessed timber from State
        and other public lands
 
-STATUTE-
    (a) Order to prohibit export of unprocessed timber originating from
        State or other public lands
      Except as provided in subsection (g) of this section, the
    Secretary of Commerce shall issue orders to prohibit the export
    from the United States of unprocessed timber originating from
    public lands, as provided in subsection (b) of this section.
    (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 with annual sales volumes of 400,000,000
      board feet or less, the Secretary of Commerce shall issue an
      order referred to in subsection (a) of this section to prohibit,
      notwithstanding any other provision of law, the export of
      unprocessed timber originating from public lands, effective June
      1, 1993.
      (2) States with annual sales of greater than 400,000,000 board
          feet
        With respect to any State with an annual sales volume greater
      than 400,000,000 board feet, the Secretary of Commerce shall
      issue an order referred to in subsection (a) of this section to
      prohibit, notwithstanding any other provision of law, the export
      of unprocessed timber originating from public lands, effective as
      of November 14, 1997.
      (3) Prohibition on substitution
        (A) Prohibition
          Subject to subparagraph (B), each order of the Secretary of
        Commerce under paragraph (1) or (2) shall also prohibit,
        notwithstanding any other provision of law, any person from
        purchasing, directly or indirectly, unprocessed timber
        originating from public lands in a State if -
            (i) such unprocessed timber would be used in substitution
          for exported unprocessed timber originating from private
          lands in that State; or
            (ii) such person has, during the preceding 24-month period,
          exported unprocessed timber originating from private lands in
          that State.
        (B) Exemption
          The prohibitions referred to in subparagraph (A) shall not
        apply in a State on or after the date on which -
            (i) the Governor of that State provides the Secretary of
          Commerce with notification of a prior program under
          subparagraph (C) of subsection (d)(2) of this section,
            (ii) the Secretary of Commerce approves a program of that
          State under subparagraph (A) of subsection (d)(2) of this
          section, or
            (iii) regulations of the Secretary of Commerce issued under
          subsection (c) of this section to carry out this section take
          effect,
        whichever occurs first.
      (4) Report to Congress
        Not later than June 1, 1995, the Secretary of Commerce, in
      conjunction with the Secretaries of Agriculture and Interior,
      shall issue a report to the Congress on the effects of the
      reallocation, as a result of the enactment of sections 620 to
      620j of this title, of public lands timber resources to the
      domestic timber processing sector, the ability of the domestic
      timber processing sector to meet domestic demand for forest
      products, the volume of transshipment of timber originating from
      public lands across State borders, the effectiveness of rules
      issued and administered by the Secretary of Commerce pursuant to
      sections 620 to 620j of this title and the effectiveness of State
      programs authorized under subsection (d) of this section, 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), the Secretary of Commerce shall,
        as soon as possible after July 1, 1993 -
            (i) determine the species, grades, and geographic origin of
          unprocessed timber to be prohibited from export in each State
          that is subject to an order issued under subsection (a) of
          this section;
            (ii) administer the prohibitions consistent with sections
          620 to 620j of this title;
            (iii) ensure that the species, grades, and geographic
          origin of unprocessed timber prohibited from export within
          each State is representative of the species, grades, and
          geographic origin of timber comprising the total timber sales
          program of the State; and
            (iv) issue such regulations as are necessary to carry out
          this section.
        (B) Exemption
          The actions and regulations of the Secretary under
        subparagraph (A) shall not apply with respect to a State that
        is administering and enforcing a program under subsection (d)
        of this section.
      (2) Cooperation with other agencies
        The Secretary of Commerce is authorized to enter into
      agreements with Federal and State agencies with appropriate
      jurisdiction to assist the Secretary in carrying out sections 620
      to 620j of this title.
    (d) Authorized State programs
      (1) Authorization of new State programs
        Notwithstanding subsection (c) of this section, the Governor of
      any State may submit a program to the Secretary of Commerce for
      approval that -
          (A) implements, with respect to unprocessed timber
        originating from public lands in that State, the prohibition on
        exports set forth in the Secretary's order under subsection (a)
        of this section; and
          (B) ensures that the species, grades, and geographic origin
        of unprocessed timber prohibited from export within the State
        is representative of the species, grades, and geographic origin
        of timber comprising the total timber sales program of the
        State.
      (2) Approval of State programs
        (A) Program approval
          Not later than 30 days after the submission of a program
        under paragraph (1), the Secretary of Commerce shall approve
        the program unless the Secretary finds that the program will
        result in the export of unprocessed timber from public lands in
        violation of sections 620 to 620j of this title and publishes
        that finding in the Federal Register.
        (B) State program in lieu of Federal program
          If the Secretary of Commerce approves a program submitted
        under paragraph (1), the Governor of the State for which the
        program was submitted, or such other official of that State as
        the Governor may designate, may administer and enforce the
        program, which shall apply in that State in lieu of the
        regulations issued under subsection (c) of this section.
        (C) Prior State programs
          Not later than 30 days after July 1, 1993, the Governor of
        any State that had, before May 4, 1993, issued regulations
        under this subsection as in effect before May 4, 1993, may
        provide the Secretary of Commerce with written notification
        that the State has a program that was in effect on May 3, 1993,
        and that meets the requirements of paragraph (1). Upon such
        notification, that State may administer and enforce that
        program in that State until the end of the 9-month period
        beginning on the date on which the Secretary of Commerce issues
        regulations under subsection (c) of this section, and that
        program shall, during the period in which it is so administered
        and enforced, apply in that State in lieu of the regulations
        issued under subsection (c) of this section.  Such Governor may
        submit, with such notification, the program for approval by the
        Secretary under paragraph (1).
    (e) Prior contracts
      Nothing in this section shall apply to -
        (1) any contract for the purchase of unprocessed timber
      originating from public lands that was entered into before -
          (A) September 10, 1990, with respect to States with annual
        sales volumes of 400,000,000 board feet or less; or
          (B) January 1, 1991, with respect to States with annual sales
        volumes greater than 400,000,000 board feet; or
        (2) any contract under which exports of unprocessed timber were
      permitted pursuant to an order of the Secretary 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
    2406(i) of title 50, Appendix.
    (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), or a ruling issued under the formal dispute settlement
    proceeding provided under any other trade agreement finds, that the
    provisions of this section are in violation of, or inconsistent
    with, United States obligations under that trade agreement.
    (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 in a State if that State 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 timberlands and was
    enacted before August 20, 1990, shall be construed to invalidate,
    supersede, or otherwise affect any action of a State or political
    subdivision of a State pursuant to sections 620 to 620j of this
    title.
    (j) Surplus timber
      The prohibitions on exports contained in orders of the Secretary
    of Commerce issued under subsection (a) of this section shall not
    apply to specific quantities of grades and species of unprocessed
    timber originating from public lands which the Secretary concerned
    determines by rule to be surplus to the needs of timber
    manufacturing facilities in the United States. Any such
    determination may, by rule, be withdrawn by the Secretary concerned
    if the Secretary determines that the affected timber is no longer
    surplus to the needs of timber manufacturing facilities in the
    United States.
    (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 of this title, that the prohibitions on exports required by
    subsection (a) of this section no longer promote the purposes of
    sections 620 to 620j of this title, then the President may suspend
    such prohibitions, except that such suspension shall not take
    effect until 90 days after the President notifies the Congress of
    such finding.
    (l) Existing authority not affected
      Nothing in sections 620 to 620j of this title shall be construed
    to limit the authority of the President or the United States Trade
    Representative to take action authorized by law to respond
    appropriately to any measures taken by a foreign government in
    connection with sections 620 to 620j of this title.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 491, Aug. 20, 1990, 104 Stat. 719;
    Pub. L. 103-45, Sec. 2, July 1, 1993, 107 Stat. 223; Pub. L.
    105-83, title VI, Sec. 602(b), Nov. 14, 1997, 111 Stat. 1620; Pub.
    L. 106-36, title I, Sec. 1002(a)(2), June 25, 1999, 113 Stat. 133.)
 
-MISC1-
                                 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, Sec. 2(1), substituted
    ''(g)'' for ''(e)'' and ''as provided'' for ''in the amounts
    specified''.
      Subsec. (b)(1). Pub. L. 103-45, Sec. 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, Sec. 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, Sec. 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) of this section'' for ''States pursuant to sections
    620 to 620j of this title''.
      Subsecs. (c) to (l). Pub. L. 103-45, Sec. 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.
                         SEVERABILITY OF PROVISIONS
      Section 4 of Pub. L. 103-45 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, Sec. 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, Sec. 101(c) (title III, Sec. 333), Apr.
    26, 1996, 110 Stat. 1321-156, 1321-210; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 104-99, title I, Sec. 130, Jan. 26, 1996, 110 Stat. 34.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620d                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620d. Monitoring and enforcement
 
-STATUTE-
    (a) Monitoring and reports
      In accordance with regulations issued under this section -
        (1) each person who acquires, either directly or indirectly,
      unprocessed timber originating from Federal lands west of the
      100th meridian in the contiguous 48 States shall report the
      receipt and disposition of such timber to the Secretary
      concerned, in such form as such Secretary may by rule prescribe;
      except that nothing in this paragraph shall be construed to hold
      any person responsible for the reporting of the disposition of
      any such timber held by subsequent persons;
        (2) each person who transfers to another person unprocessed
      timber originating from Federal lands west of the 100th meridian
      in the contiguous 48 States shall, before completing such
      transfer -
          (A) provide to such other person a written notice, in such
        form as the Secretary concerned may prescribe, which shall
        identify the Federal origin of such timber;
          (B) receive from such other person a written acknowledgment
        of such notice and a written agreement that such other person
        will comply with the requirements of sections 620 to 620j of
        this title, in such form as the Secretary concerned may
        prescribe; and
          (C) provide to the Secretary concerned copies of all notices,
        acknowledgments, and agreements referred to in subparagraphs
        (A) and (B);
        (3) each person who acquires, either directly or indirectly,
      unprocessed timber originating from public lands in a State that
      is subject to an order issued by the Secretary of Commerce under
      section 620c(a) of this title, other than a State that is
      administering and enforcing a program under section 620c(d) of
      this title, shall report the receipt and disposition of the
      timber to the Secretary of Commerce, in such form as the
      Secretary may by rule prescribe, except that nothing in this
      paragraph shall be construed to hold any person responsible for
      reporting the disposition of any timber held by subsequent
      persons; and
        (4) each person who transfers to another person unprocessed
      timber originating from public lands in a State that is subject
      to an order issued by the Secretary of Commerce under section
      620c(a) of this title, other than a State that is administering
      and enforcing a program under section 620c(d) of this title,
      shall, before completing the transfer -
          (A) provide to such other person a written notice, in such
        form as the Secretary of Commerce may prescribe, that shall
        identify the public lands from which the timber originated; and
          (B) receive from such other person -
            (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 of
          this title,
        in such form as the Secretary of Commerce may prescribe; and
          (C) provide to the Secretary of Commerce copies of all
        notices, acknowledgments, and agreements referred to in
        subparagraphs (A) and (B).
    (b) Report to Congress
      Using the information gathered under subsection (a) of this
    section, the Secretaries of Agriculture and Interior shall, not
    later than June 1, 1995, submit to the Congress a report on the
    disposition of unprocessed timber harvested from Federal lands west
    of the 100th meridian in the contiguous 48 States, and
    recommendations concerning the practice of indirect substitution of
    such timber for exported timber harvested from private lands.
    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 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; and
        (6) provide such other information as the Secretaries consider
      appropriate.
    (c) Civil penalties for violation
      (1) Exports
        (A) If the Secretary concerned finds, on the record and after
      an opportunity for a hearing, that a person, with willful
      disregard for the prohibition contained in sections 620 to 620j
      of this title against exporting Federal timber, exported or
      caused to be exported unprocessed timber originating from Federal
      lands in violation of sections 620 to 620j of this title, such
      Secretary may assess against such person a civil penalty of not
      more than $500,000 for each violation, or 3 times the gross value
      of the unprocessed timber involved in the violation, whichever
      amount is greater.
        (B)(i) Subject to clause (ii), if the Secretary of Commerce
      finds, on the record and after an opportunity for a hearing, that
      a person, with willful disregard for the restrictions contained
      in an order of the Secretary under section 620c(a) of this title
      on exports of unprocessed timber from public lands, exported or
      caused to be exported unprocessed timber originating from public
      lands in violation of such order, the Secretary may assess
      against such person a civil penalty of not more than $500,000 for
      each violation, or 3 times the gross value of the unprocessed
      timber involved in the violation, whichever amount is greater.
        (ii) Clause (i) shall not apply with respect to exports of
      unprocessed timber originating from public lands in a State that
      is administering and enforcing a program under section 620c(d) of
      this title.
      (2) Other violations
        (A) If the Secretary concerned finds, on the record and after
      an opportunity for a hearing, that a person has violated any
      provision of sections 620 to 620j of this title or any regulation
      issued under sections 620 to 620j of this title relating to lands
      which they administer (notwithstanding that such violation may
      not have caused the export of unprocessed Federal timber in
      violation of sections 620 to 620j of this title), such Secretary
      may -
          (i) assess against such person a civil penalty of not more
        than $75,000 for each violation if the Secretary determines
        that the person committed such violation in disregard of such
        provision or regulation;
          (ii) assess against such person a civil penalty of not more
        than $50,000 for each violation if the Secretary determines
        that the person should have known that the action constituted a
        violation; or
          (iii) assess against such person a civil penalty of not more
        than $500,000 if the Secretary determines that the person
        committed such violation willfully.
        (B)(i) Subject to clause (ii), if the Secretary of Commerce
      finds, on the record and after an opportunity for a hearing, that
      a person has violated, on or after June 1, 1993, any provision of
      sections 620 to 620j of this title or any regulation issued under
      sections 620 to 620j of this title relating to the export of
      unprocessed timber originating from public lands (whether or not
      the violation caused the export of unprocessed timber from public
      lands in violation of sections 620 to 620j of this title), the
      Secretary may assess against such person a civil penalty to the
      same extent as the Secretary concerned may impose a penalty under
      clause (i), (ii), or (iii) of subparagraph (A).
        (ii) Clause (i) shall not apply with respect to unprocessed
      timber originating from public lands in a State that is
      administering and enforcing a program under section 620c(d) of
      this title.
        (C) Mitigation of penalties. -
          (i) In general. - The Secretary concerned -
            (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
            under this paragraph for a prescribed period, suspend
            imposition of the penalty.
          (ii) Contractural remedies. - In the case of a minor
        violation of sections 620 to 620j of this title (including a
        regulation), the Secretary concerned shall, to the maximum
        extent practicable, permit a contracting officer to redress the
        violation 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), the head of the appropriate
        Federal department or agency under sections 620 to 620j of this
        title may debar any person who violates sections 620 to 620j of
        this title, or any regulation or contract issued under sections
        620 to 620j of this title, from entering into any contract for
        the purchase of unprocessed timber from Federal lands for a
        period of not more than 5 years.  Such person 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 may be debarred from bidding for or entering into
          a contract for the purchase of unprocessed timber from
          Federal lands under subparagraph (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 of this title of
          a contract for the purchase of unprocessed timber from
          Federal lands during a debarment proceeding.
      (2) Cancellation of contracts
        The head of the appropriate Federal department or agency under
      sections 620 to 620j of this title may cancel any contract
      entered into with a person found to have violated sections 620 to
      620j of this title or regulations issued under sections 620 to
      620j of this title.
    (e) Exception
      Subsections (c) and (d) of this section do not apply to
    violations of section 620i of this title.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 492, Aug. 20, 1990, 104 Stat. 722;
    Pub. L. 103-45, Sec. 3, July 1, 1993, 107 Stat. 226; Pub. L.
    105-83, title VI, Sec. 603, Nov. 14, 1997, 111 Stat. 1620.)
 
-MISC1-
                                 AMENDMENTS
      1997 - Subsec. (c)(2)(C). Pub. L. 105-83, Sec. 603(1), added
    subpar. (C).
      Subsec. (d)(1). Pub. L. 105-83, Sec. 603(2), inserted subpar. (A)
    designation and heading, substituted ''Subject to subparagraph (B),
    the head'' for ''The head'', and added subpar. (B).
      1993 - Subsec. (a)(3), (4). Pub. L. 103-45, Sec. 3(a), added
    pars. (3) and (4).
      Subsec. (c)(1). Pub. L. 103-45, Sec. 3(b)(1), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (c)(2). Pub. L. 103-45, Sec. 3(b)(2), designated existing
    provisions as subpar. (A), redesignated former subpars. (A) to (C)
    as cls. (i) to (iii) of subpar. (A), and added subpar. (B).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 620f of this title.
 
-CITE-
    16 USC Sec. 620e                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620e. Definitions
 
-STATUTE-
      For purposes of sections 620 to 620j 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 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.
        (3) Minor violation. - The term ''minor violation'' means a
      violation, other than an intentional violation, 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) of less than $10,000.
        (4) Northwestern private timber open market area. - The term
      ''northwestern private timber open market area'' means the State
      of Washington.
        (5) The term ''person'' means any individual, partnership,
      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.
        (6) The term ''private lands'' means lands held or owned by a
      person.  Such term does not include Federal lands or public
      lands, or any lands the title to which is -
          (A) held in trust 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.
        (7) The term ''public lands'' means lands west of the 100th
      meridian in the contiguous 48 States, that are held or owned by a
      State or political subdivision 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 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.
        (8) The term ''Secretary concerned'' means -
          (A) the Secretary of Agriculture, with respect to Federal
        lands administered by that Secretary; and
          (B) the Secretary of the Interior with respect to Federal
        lands administered by that Secretary.
        (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'' 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) and are sawn on 4 sides, with
        wane less than 1/4 of any face, not exceeding 8 3/4 inches in
        thickness.
          (iv) Chips, pulp, or pulp products.
          (v) Veneer or plywood.
          (vi) Poles, posts, or piling cut or treated with
        preservatives for use as such.
          (vii) Shakes or shingles.
          (viii) Aspen or other pulpwood bolts, not exceeding 100
        inches in length, exported for processing into pulp.
          (ix) Pulp logs, 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 of unprocessed timber from Federal lands
      west of the 100th meridian in the contiguous 48 States to be used
      in ''substitution'' for exported unprocessed timber originating
      from private lands means acquiring unprocessed timber from such
      Federal lands and engaging in exporting, or selling for export,
      unprocessed timber originating from private lands within the same
      geographic and economic area.
        (11) Violation. - The term ''violation'' means a violation of
      sections 620 to 620j of this title (including a regulation issued
      to implement sections 620 to 620j of this title) with regard to a
      course of action, including -
          (A) in the case of a violation by the original purchaser of
        unprocessed timber, an act or omission with respect to a single
        timber sale; and
          (B) in the case of a violation of a subsequent purchaser of
        the timber, an act or omission with respect to an operation at
        a particular processing facility or log yard.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 493, Aug. 20, 1990, 104 Stat. 723;
    Pub. L. 105-83, title VI, Sec. 604, Nov. 14, 1997, 111 Stat. 1621.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Sections 620 to 620j of this title, referred to in par. (11), was
    in the original ''this Act'' and was translated as reading ''this
    title'', meaning title IV of Pub. L. 101-382, Aug. 20, 1990, 104
    Stat. 714, as amended, known as the Forest Resources Conservation
    and Shortage Relief Act of 1990, which enacted sections 620 to 620j
    of this title and provisions set out as notes under section 620 of
    this title, to reflect the probable intent of Congress. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 620 of this title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1997 - Pars. (3) to (8). Pub. L. 105-83, Sec. 604(1), (2), added
    pars. (3) and (4) and redesignated former pars. (3) to (6) as (5)
    to (8), respectively.  Former pars. (7) and (8) redesignated (9)
    and (10), respectively.
      Par. (9). Pub. L. 105-83, Sec. 604(1), redesignated par. (7) as
    (9).
      Par. (9)(B)(ix). Pub. L. 105-83, Sec. 604(3), substituted ''Pulp
    logs, cull logs, and incidental volumes of grade 3 and 4 sawlogs''
    for ''Pulp logs or cull logs'' and inserted ''primary'' before
    ''purpose'' and '', or to the extent that a small quantity of such
    logs are processed, into other products at domestic processing
    facilities'' before period at end.
      Par. (10). Pub. L. 105-83, Sec. 604(1), redesignated par. (8) as
    (10).
      Par. (11). Pub. L. 105-83, Sec. 604(4), added par. (11).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620f                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620f. Regulations and review
 
-STATUTE-
    (a) Regulations
      (1) Agriculture and Interior
        The Secretaries of Agriculture and Interior shall, in
      consultation, each prescribe new coordinated and consistent
      regulations to implement sections 620 to 620j of this title on
      lands which they administer.
      (2) Commerce
        The Secretary of Commerce shall promulgate such rules and
      guidelines as may be necessary to carry out sections 620 to 620j
      of this title.
      (3) Deadline
        (A) In general. - Except as otherwise provided in sections 620
      to 620j 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 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).
      (4) Painting and branding
        (A) In general
          The Secretary concerned shall issue regulations that impose
        reasonable painting, branding, or other forms of marking or
        tracking requirements on unprocessed timber if -
            (i) the benefits of the requirements outweigh the cost of
          complying with the requirements; and
            (ii) the Secretary determines that, without the
          requirements, it is likely that the unprocessed timber -
              (I) would be exported in violation of sections 620 to
            620j of this title; or
              (II) if the unprocessed timber originated from Federal
            lands, would be substituted for unprocessed timber
            originating from private lands west of the 100th Meridian
            in the contiguous 48 States in violation of sections 620 to
            620j of this title.
        (B) Minimum size
          The Secretary concerned 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 that is less than 8 feet in length
          or less than 1/3 sound wood.
        (C) Waivers
          (i) In general
            The Secretary concerned may waive log painting and branding
          requirements -
              (I) for a geographic area, if the Secretary determines
            that the risk of the unprocessed timber being exported from
            the area or used in substitution is low;
              (II) with respect to unprocessed timber originating from
            private lands located within an approved sourcing area for
            a person 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 of this
            title.
          (ii) Review and termination of waivers
            A waiver granted under clause (i) -
              (I) shall, to the maximum extent practicable, be reviewed
            once a year; and
              (II) shall remain effective until terminated by the
            Secretary.
        (D) Factors
          In making a determination under this paragraph, the Secretary
        concerned shall consider -
            (i) the risk of unprocessed timber of that species, grade,
          and size being exported or used in substitution;
            (ii) the location of the unprocessed timber and the effect
          of the location on its being exported or used in
          substitution;
            (iii) the history of the person 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 being exported or used
          in substitution.
      (5) Reporting
        (A) In general
          Subject to subparagraph (B), the Secretary concerned 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 may waive documentation and
          reporting requirements for a person if -
              (I) an audit of the records of the facility of the person
            reveals substantial compliance with all notice, reporting,
            painting, and branding requirements during the preceding
            year; or
              (II) the person transferring the unprocessed timber and
            the person processing the unprocessed timber enter into an
            advance agreement with the Secretary concerned regarding
            the disposition of the unprocessed timber by domestic
            processing.
          (ii) Review and termination of waivers
            A waiver granted under clause (i) -
              (I) shall, to the maximum extent practicable, be reviewed
            once a year; and
              (II) shall remain effective until terminated by the
            Secretary.
    (b) Review
      The Secretaries of Agriculture and Interior shall, in
    consultation, review the definition of unprocessed timber under
    section 620e(7) of this title for purposes of sections 620 to 620j
    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 shall report on
    the effects of maintaining 2 size standards under section
    620e(B)(ii) (FOOTNOTE 1) and (iii) of this title.
       (FOOTNOTE 1) So in original.  Probably should be section
    ''620e(7)(B)(ii)''.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 495, Aug. 20, 1990, 104 Stat. 725;
    Pub. L. 105-83, title VI, Sec. 605, Nov. 14, 1997, 111 Stat. 1622.)
 
-MISC1-
                                 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.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620b, 620d of this title.
 
-CITE-
    16 USC Sec. 620g                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620g. Authorization of appropriations
 
-STATUTE-
      There are authorized to be appropriated such sums as may be
    necessary to carry out sections 620 to 620j of this title.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 496, Aug. 20, 1990, 104 Stat.
    725.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620h                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620h. Savings provision
 
-STATUTE-
      Nothing in sections 620 to 620j of this title, or regulations
    issued under sections 620 to 620j of this title, shall be construed
    to abrogate or affect any timber sale contract entered into before
    August 20, 1990.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 497, Aug. 20, 1990, 104 Stat.
    725.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      August 20, 1990, referred to in text, was in the original ''the
    effective date of this title'', which is the date of enactment of
    title IV of Pub. L. 101-382, approved Aug. 20, 1990, except as
    otherwise provided in sections 620 to 620j of this title, see
    section 494 of Pub. L. 101-382, set out as an Effective Date note
    under section 620 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620i                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620i. Eastern hardwoods study
 
-STATUTE-
    (a) Study
      The Secretary of Commerce, in conjunction with the Secretary of
    Agriculture and the Secretary 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 or public lands east of the 100th
    meridian.  In order to carry out the provisions of this section -
        (1) the Secretary of Commerce shall require each person
      exporting such timber from the United States to declare, in
      addition to the information normally required in the Shipper's
      Export Declarations, the State in which the timber was grown and
      harvested; and
        (2) the Secretary of Agriculture and the Secretary of the
      Interior shall ensure that all hardwood saw timber harvested from
      Federal lands east of the 100th meridian is marked in such a
      manner as to make it readily identifiable at all times before its
      manufacture, and shall take such steps as each Secretary
      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 of Commerce shall
    submit to the Committees on Agriculture, Natural Resources, and
    Foreign Affairs of the House of Representatives and the Committee
    on Banking, Housing, and Urban Affairs of the Senate a report
    describing the volume and value of unprocessed timber grown and
    harvested from Federal lands or public lands 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 in which such timber was grown
    and harvested.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 498, Aug. 20, 1990, 104 Stat. 725;
    Pub. L. 103-437, Sec. 6(d)(35), Nov. 2, 1994, 108 Stat. 4585.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Subsec. (b). Pub. L. 103-437 substituted ''Natural
    Resources'' for ''Interior and Insular Affairs''.
 
-CHANGE-
                               CHANGE OF NAME
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620d, 620f of this title.
 
-CITE-
    16 USC Sec. 620j                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
 
-HEAD-
    Sec. 620j. Authority of Export Administration Act of 1979
 
-STATUTE-
      Nothing in sections 620 to 620j 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 of the Export Administration Act of 1979 (50 App. U.S.C.
    2406) with respect to the export of unprocessed timber.
 
-SOURCE-
    (Pub. L. 101-382, title IV, Sec. 499, Aug. 20, 1990, 104 Stat.
    726.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 620, 620b, 620c, 620d,
    620e, 620f, 620g, 620h of this title.


Title 16 Index       U.S. Code Index