[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1084 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1084

 To amend the Forest Resources Conservation and Shortage Relief Act of 
 1990 to permit States to adopt timber export programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 June 8 (legislative day, June 7), 1993

 Mrs. Murray (for herself, Mr. Gorton, Mr. Hatfield, and Mr. Packwood) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 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 that 9-month period, 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 
        from public lands that was entered into before October 24, 
        1990; 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) 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 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.

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