16 USC 620-620j Timber Resources Cons and Shortage Relief Act 01142019

16 U.S.C.
United States Code, 2018 Edition
Title 16 - CONSERVATION
CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 4—PROTECTION OF TIMBER, AND DEPREDATIONS
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 Repealed.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 Repealed.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 Repealed.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.
618.
Timber contract payment modification.
619.
Emergency stumpage rate redeterminations in Alaska.
620.
Findings and purposes.
620a.
Restrictions on exports of unprocessed timber originating from Federal lands.
620b.
Limitations on substitution of unprocessed Federal timber for unprocessed timber
exported from private lands.
620c.
Restriction on exports of unprocessed timber from State and other public lands.
620d.
Monitoring and enforcement.
620e.
Definitions.
620f.
Regulations and review.
620g.
Authorization of appropriations.
620h.
Savings provision.
620i.
Eastern hardwoods study.
620j.
Authority of Export Administration Act of 1979.

§§591, 592. Repealed. Feb. 28, 1933, ch. 131, §1, 47 Stat. 1349
Sections, R.S. §§2458, 2459, related to lands producing live oak and red cedar timbers needed by Navy.
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§593. Protection of timber in Florida
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.
(R.S. §2460.)
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R.S. §2460 derived from act Feb. 23, 1882, ch. 9, 3 Stat. 651.

§594. Protection of timber owned by United States from fire, disease, or insect
ravages
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.
(Sept. 20, 1922, ch. 349, 42 Stat. 857.)

§§594–1 to 594–5. Repealed. Pub. L. 95–313, §16(a)(3), formerly §13(a)(3), July 1,
1978, 92 Stat. 374; renumbered §16(a)(3), Pub. L. 101–624, title XII,
§1215(1), Nov. 28, 1990, 104 Stat. 3525
Section 594–1, act June 25, 1947, ch. 141, §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, §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, §3, 61 Stat. 177, related to allocation of funds for pest and plant
disease control.
Section 594–4, act June 25, 1947, ch. 141, §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, §5, 61 Stat. 177; June 20, 1975, Pub. L. 94–40, 89 Stat. 224, set
forth funding requirements for Federal program.
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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.
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Act June 25, 1947, ch. 141, §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, §16(a)(3), formerly §13(a)(3), July 1, 1978,
92 Stat. 374, renumbered §16(a)(3), Pub. L. 101–624, title XII, §1215(1), Nov. 28, 1990, 104 Stat. 3525.
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Act June 25, 1947, ch. 141, §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, §16(a)(3), formerly
§13(a)(3), July 1, 1978, 92 Stat. 374, renumbered §16(a)(3), Pub. L. 101–624, title XII, §1215(1), Nov. 28,
1990, 104 Stat. 3525.
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Pub. L. 94–588, §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

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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.

§594a. Repealed. Pub. L. 95–313, §16(a)(2), formerly §13(a)(2), July 1, 1978, 92
Stat. 374; renumbered §16(a)(2), Pub. L. 101–624, title XII, §1215(1), Nov.
28, 1990, 104 Stat. 3525
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.
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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.

§§595, 596. Repealed. Feb. 28, 1933, ch. 131, §1, 47 Stat. 1349
Sections, R.S. §§2461, 2462, penalized cutting and provided for forfeiture of vessels carrying away timber
on lands reserved or purchased to supply timber for Navy.

§§597 to 600. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028
Sections, R.S. §2463, acts Mar. 3, 1879, ch. 189, §§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.

§601. Disposition of moneys collected for depredations
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.
(Apr. 30, 1878, ch. 76, §2, 20 Stat. 46.)

§602. Seizure of timber cut
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.
(Apr. 30, 1878, ch. 76, §2, 20 Stat. 46.)

§603. Omitted
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Section, act June 3, 1878, ch. 151, §5, 20 Stat. 90, related to prosecutions for violating former section 595
of this title.

§604. Cutting timber on certain mineral lands; permits to corporations; railroad
corporations
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

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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.
(June 3, 1878, ch. 150, §1, 20 Stat. 88; Jan. 11, 1921, ch. 22, 41 Stat. 1088.)
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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.

§605. Unlawful cutting on mineral lands; notice to Secretary
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.
(June 3, 1878, ch. 150, §2, 20 Stat. 88; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
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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, §§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.

§606. Offense for unlawful cutting on mineral lands; punishment
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.

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(June 3, 1878, ch. 150, §3, 20 Stat. 89.)

§607. Cutting and removal of timber on certain public lands for certain purposes
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.
(Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, §8, 26 Stat. 1099; Feb. 13, 1893, ch.
103, 27 Stat. 444; July 1, 1898, ch. 546, §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, §41,
June 25, 1959, 73 Stat. 151.)
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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 2506 of Title 43, Public Lands.
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1959—Pub. L. 86–70 included Alaska within the enumeration of States and struck out provisions which
related to Territory of Alaska.

§607a. Cutting and use of timber in Alaska by settlers, residents, miners, etc.
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

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churches, hospitals, and charitable institutions in Alaska for firewood, fencing, buildings, and for
domestic purposes.
(May 14, 1898, ch. 299, §11, 30 Stat. 414; June 15, 1938, ch. 437, 52 Stat. 699.)
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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.
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1938—Act June 15, 1938, inserted last clause relating to use of timber by churches, hospitals, and
charitable institutions.

§608. Permits to cut and remove timber; citizens of Malheur County, Oregon
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.
(Mar. 3, 1891, ch. 561, §8 (part), as added Mar. 3, 1919, ch. 111, 40 Stat. 1321.)
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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.

§609. Permits to cut and remove timber; citizens of Modoc County, California
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.
(Mar. 3, 1891, ch. 561, §8 (part), as added Mar. 3, 1919, ch. 115, 40 Stat. 1322.)
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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.

§610. Permits to cut and remove timber; citizens of Washington County and
Kane County, Utah
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.
(Mar. 3, 1891, ch. 561, §8 (part), as added Feb. 27, 1922, ch. 82, 42 Stat. 398.)
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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.

§611. Permits to cut and remove timber; citizens of Idaho and Wyoming
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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.
(Mar. 3, 1891, ch. 561, §8 (part), as added July 1, 1898, ch. 546, §1, 30 Stat. 618.)
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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.

§611a. Permits to cut and remove timber; citizens of Bear Lake County, Idaho
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.
(Mar. 3, 1891, ch. 561, §8 (part), as added Aug. 21, 1935, ch. 591, 49 Stat. 665.)
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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.

§612. Permits to cut and remove timber to certain corporations
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.
(Jan. 11, 1921, ch. 22, 41 Stat. 1088.)
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See portion of note under section 604 of this title relative to act Jan. 11, 1921, which is applicable equally to
this section.

§613. Limitations of use of timber taken not to apply to certain territory
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.
(Mar. 3, 1901, ch. 862, 31 Stat. 1439.)

§§614, 615. Repealed. Pub. L. 87–689, §2, Sept. 25, 1962, 76 Stat. 588
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Sections, acts Mar. 4, 1913, ch. 165, §§1, 2, 37 Stat. 1015, 1016; July 3, 1926, ch. 779, §§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.
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Pub. L. 87–689, §2, Sept. 25, 1962, 76 Stat. 588, 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.

§615a. Sale of timber in Alaska; appraisal; local consumption; accounting;
deposit in Treasury
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.
(May 14, 1898, ch. 299, §11, 30 Stat. 414; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch.
462, 43 Stat. 1144; 1946 Reorg. Plan. No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
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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.
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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.
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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, §§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.

§615b. Exportation of timber pulp wood and wood pulp from Alaska
Birch timber and pulp wood or wood pulp manufactured from timber in Alaska may be exported
therefrom.
(Feb. 1, 1905, ch. 288, §2, 33 Stat. 628; June 5, 1920, ch. 235, §1, 41 Stat. 917.)
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Section was formerly classified to section 422 of Title 48, Territories and Insular Possessions.
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1920—Act June 5, 1920, authorized exportation of birch timber.

§616. Exportation of timber cut on national forest or public land in Alaska
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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.
(Apr. 12, 1926, §1, ch. 117, 44 Stat. 242.)
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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.

§617. Exportation of unprocessed timber from Federal lands
(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) 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).
(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) 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), 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.
(Apr. 12, 1926, ch. 117, §2, as added Pub. L. 90–554, pt. IV, §401, Oct. 8, 1968, 82 Stat. 966;
amended Pub. L. 91–609, title IX, §921, Dec. 31, 1970, 84 Stat. 1817.)
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1970—Subsec. (a). Pub. L. 91–609 extended date for application of limitation provision from 1971 to 1973
calendar year.

§618. Timber contract payment modification
(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

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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.
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(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) and
included in the President's program of July 28, 1983, shall not be subject to any further extension of

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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.
(Pub. L. 98–478, §2, Oct. 16, 1984, 98 Stat. 2213.)
R
T
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.
S
T
Pub. L. 98–478, §1, Oct. 16, 1984, 98 Stat. 2213, 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'."
A
A
T
S
Pub. L. 99–500, §101(h) [title III, §320], Oct. 18, 1986, 100 Stat. 1783–242, 1783–286, and Pub. L. 99–
591, §101(h) [title III, §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."

§619. Emergency stumpage rate redeterminations in Alaska
(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.

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(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.
(Pub. L. 98–478, §4, Oct. 16, 1984, 98 Stat. 2217.)

§620. Findings and purposes
(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).
(Pub. L. 101–382, title IV, §488, Aug. 20, 1990, 104 Stat. 714; Pub. L. 106–36, title I, §1002(a)(1),
June 25, 1999, 113 Stat. 132.)
R
T
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 (§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.
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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, 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 below. For
complete classification of this Act to the Code, see Short Title note set out below and Tables.
A
1999—Subsec. (b)(3). Pub. L. 106–36, §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, §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".
E
D
Pub. L. 101–382, title IV, §494, Aug. 20, 1990, 104 Stat. 725, 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]."
S
T
1997 A
Pub. L. 105–83, title VI, §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'."
S
T
1993 A
Pub. L. 103–45, §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'."
S
T
Pub. L. 101–382, title IV, §487, Aug. 20, 1990, 104 Stat. 714, 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'."

§620a. Restrictions on exports of unprocessed timber originating from Federal
lands
(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) 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) 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.
(Pub. L. 101–382, title IV, §489, Aug. 20, 1990, 104 Stat. 715.)

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§620b. Limitations on substitution of unprocessed Federal timber for
unprocessed timber exported from private lands
(a) Direct substitution
(1) Except as provided in paragraph (3) and subsection (c), 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) A
.—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

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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) 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) 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) shall not apply to such
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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 9month 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 6month period, such person may purchase not more than 25 percent of such annual average, after
which time the prohibitions contained in subsection (a) 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
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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.
(Pub. L. 101–382, title IV, §490, Aug. 20, 1990, 104 Stat. 715; Pub. L. 105–83, title VI, §602(a),
Nov. 14, 1997, 111 Stat. 1618.)
R
T
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.
A
1997—Subsec. (a)(1). Pub. L. 105–83, §602(a)(1)(A), inserted "paragraph (3) and" after "Except as
provided in".
Subsec. (a)(3). Pub. L. 105–83, §602(a)(1)(B), added par. (3).
Subsec. (c). Pub. L. 105–83, §602(a)(2)(A), struck out "Approval of" before "Sourcing areas" in heading.
Subsec. (c)(2). Pub. L. 105–83, §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, §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, §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, §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, §602(a)(2)(F), added pars. (6) and (7).
Subsec. (d). Pub. L. 105–83, §602(a)(3), added subsec. (d).

§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
Except as provided in subsection (g), 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).
(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) 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) 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),
(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.
(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), 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);
(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).
(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), 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 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).
(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), 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 4606(i) 1 of title 50.
(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) 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) 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.
(Pub. L. 101–382, title IV, §491, Aug. 20, 1990, 104 Stat. 719; Pub. L. 103–45, §2, July 1, 1993, 107
Stat. 223; Pub. L. 105–83, title VI, §602(b), Nov. 14, 1997, 111 Stat. 1620; Pub. L. 106–36, title I,
§1002(a)(2), June 25, 1999, 113 Stat. 133.)
R
T
Section 4606(i) of title 50, referred to in subsec. (f), was repealed by Pub. L. 115–232, div. A, title XVII,
§1766(a), Aug. 13, 2018, 132 Stat. 2232.
A
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, §2(1), substituted "(g)" for "(e)" and "as provided" for "in the amounts
specified".
Subsec. (b)(1). Pub. L. 103–45, §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, §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, §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)" for "States pursuant to sections 620 to 620j of this title".
Subsecs. (c) to (l). Pub. L. 103–45, §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.
S
P
Pub. L. 103–45, §4, July 1, 1993, 107 Stat. 228, 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."
E
I
O
U
S
( )(2)
Pub. L. 104–208, div. A, title I, §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, §101(c) [title III, §333], Apr. 26, 1996, 110 Stat. 1321–156, 1321–210; renumbered
title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 104–99, title I, §130, Jan. 26, 1996, 110 Stat. 34.
1 See

References in Text note below.

§620d. Monitoring and enforcement
(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), 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) M
.—
(i) I
.—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.
1
(ii) C
.—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) do not apply to violations of section 620i of this title.
(Pub. L. 101–382, title IV, §492, Aug. 20, 1990, 104 Stat. 722; Pub. L. 103–45, §3, July 1, 1993, 107
Stat. 226; Pub. L. 105–83, title VI, §603, Nov. 14, 1997, 111 Stat. 1620.)
A
1997—Subsec. (c)(2)(C). Pub. L. 105–83, §603(1), added subpar. (C).
Subsec. (d)(1). Pub. L. 105–83, §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, §3(a), added pars. (3) and (4).
Subsec. (c)(1). Pub. L. 103–45, §3(b)(1), designated existing provisions as subpar. (A) and added subpar.
(B).
Subsec. (c)(2). Pub. L. 103–45, §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).
1 So

in original. Probably should be "Contractual".

§620e. Definitions
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) M
.—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) N
.—The term "northwestern private
timber open market area" means the State of Washington.

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(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
¼ of any face, not exceeding 8¾ 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) V
.—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

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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.
(Pub. L. 101–382, title IV, §493, Aug. 20, 1990, 104 Stat. 723; Pub. L. 105–83, title VI, §604, Nov.
14, 1997, 111 Stat. 1621.)
R
T
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.
A
1997—Pars. (3) to (8). Pub. L. 105–83, §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, §604(1), redesignated par. (7) as (9).
Par. (9)(B)(ix). Pub. L. 105–83, §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, §604(1), redesignated par. (8) as (10).
Par. (11). Pub. L. 105–83, §604(4), added par. (11).

§620f. Regulations and review
(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) I
.—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

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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
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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) 1 and (iii) of this title.
(Pub. L. 101–382, title IV, §495, Aug. 20, 1990, 104 Stat. 725; Pub. L. 105–83, title VI, §605, Nov.
14, 1997, 111 Stat. 1622.)
A
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."
1 So

in original. Probably should be section "620e(7)(B)(ii)".

§620g. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out sections 620
to 620j of this title.
(Pub. L. 101–382, title IV, §496, Aug. 20, 1990, 104 Stat. 725.)

§620h. Savings provision
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.
(Pub. L. 101–382, title IV, §497, Aug. 20, 1990, 104 Stat. 725.)
R
T
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.

§620i. Eastern hardwoods study
(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
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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.
(Pub. L. 101–382, title IV, §498, Aug. 20, 1990, 104 Stat. 725; Pub. L. 103–437, §6(d)(35), Nov. 2,
1994, 108 Stat. 4585.)
A
1994—Subsec. (b). Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs".

§620j. Authority of Export Administration Act of 1979
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 1 of the Export Administration Act of 1979 with respect to the export of unprocessed
timber.
(Pub. L. 101–382, title IV, §499, Aug. 20, 1990, 104 Stat. 726.)
R
T
Section 7 of the Export Administration Act of 1979, referred to in text, is section 7 of Pub. L. 96–72, Sept.
29, 1979, 93 Stat. 515, which was classified to section 4606 of Title 50, War and National Defense, prior to
repeal by Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.
1 See

References in Text note below.

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