[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56942-56943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28399]



[[Page 56942]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket No. 96-1023295-6295-01]
RIN 0694-XX06


Notice of General Order Prohibiting Exports of Unprocessed Timber 
From Certain Public Lands

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice; Order on Log Exports.

-----------------------------------------------------------------------

SUMMARY: Section 319 of Title III of Section 101(d) of Title I of 
Public Law 104-208 requires the Secretary of Commerce to issue an Order 
concerning the export of timber originating from non-Federal public 
lands in the western continental United States pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990, as amended (16 
U.S.C. 620 et seq. (1994). This notice announces the Department's Order 
and publishes that Order as an appendix to this notice.

DATES: Order signed on October 18, 1996.

FOR FURTHER INFORMATION CONTACT: Bernard Kritzer, Manager, Short Supply 
Program, Office of Chemical and Biological Controls and Treaty 
Compliance, Bureau of Export Administration, U.S. Department of 
Commerce, Washington, D.C. 20230. Telephone: (202) 482-0894, Fax (202) 
482-0751.

SUPPLEMENTARY INFORMATION:

Background

    Section 319 of Title III of Section 101(d) Title I of Public Law 
104-208 requires the Secretary of Commerce to issue an Order extending, 
through September 30, 1997, the total prohibition contained in Section 
491(b)(2)(A) of the Forest Resources Conservation and Shortage Relief 
Act of 1990, as amended (16 U.S.C. 620 et seq. (1994)) on the export of 
unprocessed timber originating from public lands in states west of the 
100th meridian in the contiguous 48 States with more than 400,000,000 
board feet of annual sales volumes of such timber. Section 319 also 
requires the Department to issue an order, beginning October 1, 1997, 
for states with annual timber sales in excess 400,000,000 million, 
allowing the export of such timber that is in excess of 400,000,000 
board feet. The Secretary of Commerce has delegated the authority for 
carrying out the policies and programs necessary to administer laws 
regarding the control of U.S. exports to the Under Secretary of 
Commerce for Export Administration. On October 18, 1996, the Under 
Secretary of Commerce for Export Administration signed the Order for 
the above described purposes. The Order is reproduced in the following 
Appendix.

    Dated: October 31, 1996.
Sue E. Eckert,
Assistant Secretary for Export Administration.

Appendix

General Order Prohibiting Exports of Unprocessed Timber From Certain 
Public Lands

    This order 1 is issued pursuant to Public Law No. 104-208. 
Section 319 of Title III of Section 101(d) of Title I of Public Law 
No. 104-208 requires the Secretary of Commerce to extend, through 
September 30, 1997, the total prohibition of section 491(b)(2)(A) of 
the Forest Resources Conservation and Shortage Relief Act of 1990, 
as amended (the Act) (16 U.S.C. 620 et seq. (1994)) on the export of 
unprocessed timber originating from public lands in states west of 
the 100th meridian in the contiguous 48 States with more than 
400,000,000 board feet of annual sales volumes of such timber. 
Section 319 also requires the Secretary of Commerce to make 
effective, on October 1, 1997, the prohibition of section 
491(b)(2)(B) of the Act on the export of only the lesser of 
400,000,000 board feet or the annual sales volume of unprocessed 
timber originating from public lands in states west of the 100th 
meridian in the contiguous 48 States with more than 400,000,000 
board feet of annual sales volumes of such timber. As the Secretary 
of Commerce has delegated the authority for carrying out the 
policies and programs necessary to administer laws regarding the 
control of U.S. exports to the Under Secretary for Export 
Administration, I therefore order the following:
---------------------------------------------------------------------------

    \1\  This order does not affect the prohibition on the export of 
any unprocessed timber originating from public lands in any state 
located west of the 100th meridian in the contiguous 48 States with 
annual sales volumes of 400,000,000 board feet or less of such 
timber. (16 U.S.C. 620c(b)(1) and General Order Prohibiting Exports 
of Unprocessed Timber from Certain Public Lands, 58 FR 55038 
(October 25, 1993)).
---------------------------------------------------------------------------

    (a) States with annual sales volumes of greater than 400,000,000 
board feet of unprocessed timber originating from state or other 
public lands. Notwithstanding any other provision of law, the 
export, from the United States to any destination, of unprocessed 
timber originating from public lands in any state located west of 
the 100th meridian in the contiguous 48 States with annual sales 
volumes of such timber greater than 400,000,000 board feet is 
prohibited through September 30, 1997. Effective October 1, 1997, 
however, only the export, from the United States to any destination, 
of the lesser of 400,000,000 board feet or the states annual sales 
volume of such timber is prohibited. The export of the excess of 
400,000,000 board feet of such timber is, therefore, permitted 
effective October 1, 1997, unless otherwise prohibited by any 
provision of law. (Section 319 of Title III of Section 101(d) of 
Title I, Public Law 104-208 and 16 U.S.C. 620c(b)(2)(A) and (B)).
    (b) Prohibition on substitution. Notwithstanding any other 
provision of law, all persons are prohibited from purchasing, 
directly or indirectly, unprocessed timber originating from public 
lands in a state if: (1) Such unprocessed timber would be used in 
substitution for exported unprocessed timber originating from 
private lands in that State; or (2) such person has, during the 
preceding 24-month period, exported unprocessed timber originating 
from private lands in that State. (16 U.S.C. 620c(b)(3)(A)).

    (c) Exemption. The prohibitions in section (b) of this Order do not 
apply in a state on or after the date on which: (1) The Governor of 
that state provides the Secretary of Commerce with notification of a 
prior state program under section 491(d)(2)(C) (16 U.S.C. 
620c(d)(2)(C)) of the Act; or (2) the Secretary of Commerce approves a 
state program under section 491(d)(2)(A) (16 U.S.C. 620c(d)(2)(A)) of 
the Act; or (3) the Secretary of Commerce issues implementing 
regulations under the Act, whichever occurs first.2 (16 U.S.C. 
620c(b)(3)(B)).
---------------------------------------------------------------------------

    \2\ On June 1, 1995, Secretary Brown gave final approval to the 
programs of Washington and Oregon.
---------------------------------------------------------------------------

    (d) Prior contracts. This Order does not apply to any contract 
for the purchase of unprocessed timber from public lands entered 
into before September 10, 1990, with respect to states with annual 
sales volumes of 400,000,000 board feet or less, or January 1, 1991, 
with respect to states with annual sales volumes greater than 
400,000,000 board feet, or any contract under which exports were 
permitted pursuant to an Order of the Secretary of Commerce in 
effect under the Act before October 23, 1992. (16 U.S.C. 620c(e)).
    (e) Western Red Cedar. This Order shall not be construed to 
supersede the controls on the export of Western Red Cedar required 
by section 7(I) of the Export Administration Act of 1979, as amended 
(50 U.S.C. app. 2406(I)), as supplemented by the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706), Executive Order 
12924 of August 19, 1994 (59 FR 43437, August 27, 1994), and the 
Presidential Notices of August 15, 1995 and August 14, 1996, and as 
set out in section 754.4 of the Export Administration Regulations 
(15 CFR 754.4). (16 U.S.C. 620c(f)).
    (f) Definitions.
    (1) Public lands. As defined in section 493(5) (16 U.S.C. 
620e(5)) of the Act, ``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:
    (i) held by the United States;
    (ii) held in trust by the United States for the benefit of any 
Indian tribe or individual;
    (iii) held by any Indian tribe or an individual subject to a 
restriction by the United States against alienation; or

[[Page 56943]]

    (iv) held by any Native Corporation as defined in section 3 of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
    (2) Unprocessed Timber. As defined in section 493(7) (16 U.S.C. 
620e(7)) of the Act, the term ``unprocessed timber'' means trees or 
portions of trees or other roundwood not processed to standards and 
specifications suitable for end product use. 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 Standard 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 four sides, not to exceed twelve 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 four sides, with wane less than one-
quarter of any face, not exceeding eight and three-quarters 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, export for processing into pulp.
    (ix) Pulp logs or cull logs proceed at domestic operations for 
the purpose of conversion of the logs into chips.
    (3) Substitution. Consistent with section 493(8) (16 U.S.C. 
620e(8)) of the Act, the acquisition of unprocessed timber from 
public 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 public lands and engaging in export, or selling for 
export, unprocessed timber originating from private lands within the 
same geographic and economic area.
    (4) Acquisition. As defined in section 493(1) (16 U.S.C. 620e 
(1)) of the Act, 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.
    (5) Person. As defined in section 493(3) (16 U.S.C. 620e(3)) of 
the Act, 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 one affiliate controls or has the power to control the other 
or when both are controlled directly or indirectly by a third 
person.

    Dated: October 18, 1996.
William A. Reinsch,
Under Secretary for Export Administration, U.S. Department of Commerce.
[FR Doc. 96-28399 Filed 11-4-96; 8:45 am]
BILLING CODE 3510-33-P