[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9532]



[[Page 17814]]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration
[Docket No. 980323074-01]


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.

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SUMMARY: Section 602(b) of Title VI of Pub. L. 105-83 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.). This 
notice announces the Department's Order and publishes that Order as an 
appendix to this notice.

DATES: Order signed on January 9, 1998.

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 602(b) of Title VI of Pub. L. 105-83 requires the Secretary 
of Commerce to issue an Order making permanent 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.), 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.
    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 January 9, 1998, the Under Secretary of 
Commerce for Export Administration signed an Order prohibiting exports 
of unprocessed timber as described above. The Order is reproduced in 
the following Appendix.

    Dated: April 6, 1998.
R. Roger Majak,
Assistant Secretary for Export Administration.

Appendix

General Order Prohibiting Exports of Unprocessed Timber From Certain 
Public Lands

    This order is issued pursuant to Pub. L. 105-83. Section 602(b) 
of Pub. L. 105-83 requires the Secretary of Commerce to make 
permanent the total prohibition of 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.) (the Act) 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.1 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:
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    \1\ The Secretary of Commerce's August 23, 1993 General Order 
Prohibiting Exports of Unprocessed Timber From Certain Public Lands 
continues in effect to prohibit the export from the United States, 
to any destination, of unprocessed timber originating from public 
lands in states located west of the 100th meridian in the contiguous 
48 States with annual timber sales volumes of 400,000,000 board feet 
or less.
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    (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. This prohibition is effective November 14, 1997. 
(Section 602(b) of Title VI of Pub. L. 105-83 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).)
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    \2\ On June 1, 1995, the Secretary of Commerce gave final 
approval to the programs of Washington and Oregon.
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    (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 (3 CFR 1994 Comp. at 916 (1995)), as 
extended by Presidential Notice on August 15, 1995 (3 CFR 1995 Comp. 
at 501 (1996)), on August 14, 1996 (3 CFR 1996 Comp. at 298 (1997)), 
and on August 13, 1997 (62 FR 43629 (August 15, 1997)) and as set 
out in Sec. 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
    (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.

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    (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, exported for processing into pulp.
    (ix) Pulp logs or cull logs processed at domestic pulp mills, 
domestic chip plants, or other 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: January 9, 1998.
William A. Reinsch,
Under Secretary for Export Administration, Department of Commerce.
[FR Doc. 98-9532 Filed 4-9-98; 8:45 am]
BILLING CODE 3510-33-P