[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2343 Enrolled Bill (ENR)]
H.R.2343
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To amend the Forest Resources Conservation and Shortage Relief Act of
1990
to permit States to adopt timber export programs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Resources Conservation and
Shortage Relief Amendments Act of 1993''.
SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND
OTHER PUBLIC LANDS.
Section 491 of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c) is amended--
(1) in subsection (a)--
(A) by striking ``(e)'' and inserting ``(g)''; and
(B) by striking ``in the amounts specified'' and inserting
``as provided'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, notwithstanding any other provision
of law,'' after ``prohibit''; and
(ii) by striking ``not later than 21 days after the date
of the enactment of this Act'' and inserting ``, effective
June 1, 1993'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) The Secretary of Commerce shall issue an order
referred to in subsection (a) to prohibit, notwithstanding any
other provision of law, the export of unprocessed timber
originating from public lands, effective during the period
beginning on June 1, 1993, and ending on December 31, 1995.'';
(ii) by striking subparagraphs (B) and (C); and
(iii) in subparagraph (D)--
(I) by redesignating such subparagraph as
subparagraph (B); and
(II) by striking ``total annual sales volume'' and
inserting ``annual sales volume in that State of
unprocessed timber originating from public lands'';
(C) in paragraph (3)--
(i) by redesignating such paragraph as paragraph (4);
and
(ii) by striking ``States pursuant to this title'' and
inserting ``the Secretary of Commerce pursuant to this title
and the effectiveness of State programs authorized under
subsection (d)''; and
(D) by inserting after paragraph (2) the following new
paragraph:
``(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),
``(ii) the Secretary of Commerce approves a program of
that State under subparagraph (A) of subsection (d)(2), or
``(iii) regulations of the Secretary of Commerce issued
under subsection (c) to carry out this section take effect,
whichever occurs first.'';
(3) by redesignating subsections (e) through (j) as subsections
(g) through (l), respectively; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(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 the date
of the enactment of the Forest Resources Conservation and
Shortage Relief Amendments Act of 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);
``(ii) administer the prohibitions consistent with 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).
``(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 this title.
``(d) Authorized State Programs.--
``(1) Authorization of new state programs.--Notwithstanding
subsection (c), 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);
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 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).
``(C) Prior state programs.--Not later than 30 days after
the date of the enactment of the Forest Resources Conservation
and Shortage Relief Amendments Act of 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), and that program shall, during the period in
which it is so administered and enforced, apply in that State in
lieu of the regulations issued under subsection (c). Such
Governor may submit, with such notification, the program for
approval by the Secretary under paragraph (1).
``(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 7(i) of the Export Administration Act of 1979 (50
U.S.C. App. 2406(i)).''.
SEC. 3. MONITORING AND ENFORCEMENT.
(a) Monitoring.--Section 492(a) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end of the
paragraph;
(2) in paragraph (2), by striking the period at the end of the
paragraph and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(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 491(a), other than a State that is administering and
enforcing a program under section 491(d), 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 491(a),
other than a State that is administering and enforcing a program
under section 491(d), 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 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) Civil Penalties.--Section 492(c) of the Forest Resources
Conservation and Shortage Relief Act of 1990 is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' before ``If the Secretary''; and
(B) by adding at the end the following:
``(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 491(a) 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 491(d).''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(B) by inserting ``(A)'' before ``If the Secretary''; and
(C) by adding at the end the following:
``(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 this
title or any regulation issued under 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 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 491(d).''.
SEC. 4. SEVERABILITY.
If any provision of this Act 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.