Unprocessed timber from certain public lands; export prohibition,

[Federal Register: April 10, 1998 (Volume 63, Number 69)]

[Notices]

[Page 17814-17815]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10ap98-39]

[[Page 17814]]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No. 980323074-01]

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

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice; Order on log exports.

SUMMARY: Section 602(b) of Title VI of Pub. L. 105-83 requires the Secretary of Commerce to issue an Order concerning the export of timber originating from non-Federal public lands in the western continental United States pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.). This notice announces the Department's Order and publishes that Order as an appendix to this notice.

DATES: Order signed on January 9, 1998.

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

SUPPLEMENTARY INFORMATION:

Background

Section 602(b) of Title VI of Pub. L. 105-83 requires the Secretary of Commerce to issue an Order making permanent the total prohibition contained in section 491(b)(2)(A) of the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.), on the export of unprocessed timber originating from public lands in states west of the 100th meridian in the contiguous 48 states with more than 400,000,000 board feet of annual sales volumes of such timber.

The Secretary of Commerce has delegated the authority for carrying out the policies and programs necessary to administer laws regarding the control of U.S. exports to the Under Secretary of Commerce for Export Administration. On January 9, 1998, the Under Secretary of Commerce for Export Administration signed an Order prohibiting exports of unprocessed timber as described above. The Order is reproduced in the following Appendix.

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

Appendix

General Order Prohibiting Exports of Unprocessed Timber From Certain Public Lands

This order is issued pursuant to Pub. L. 105-83. Section 602(b) of Pub. L. 105-83 requires the Secretary of Commerce to make permanent the total prohibition of section 491(b)(2)(A) of the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.) (the Act) on the export of unprocessed timber originating from public lands in states west of the 100th meridian in the contiguous 48 States with more than 400,000,000 board feet of annual sales volumes of such timber.‹SUP›1‹/SUP› As the Secretary of Commerce has delegated the authority for carrying out the policies and programs necessary to administer laws regarding the control of U.S. exports to the Under Secretary for Export Administration, I therefore order the following:

\1\ The Secretary of Commerce's August 23, 1993 General Order Prohibiting Exports of Unprocessed Timber From Certain Public Lands continues in effect to prohibit the export from the United States, to any destination, of unprocessed timber originating from public lands in states located west of the 100th meridian in the contiguous 48 States with annual timber sales volumes of 400,000,000 board feet or less.

(a) States with annual sales volumes of greater than 400,000,000 board feet of unprocessed timber originating from state or other public lands. Notwithstanding any other provision of law, the export, from the United States to any destination, of unprocessed timber originating from public lands in any state located west of the 100th meridian in the contiguous 48 States with annual sales volumes of such timber greater than 400,000,000 board feet is prohibited. This prohibition is effective November 14, 1997. (Section 602(b) of Title VI of Pub. L. 105-83 and 16 U.S.C. 620c(b)(2)(A) and (B)).

(b) Prohibition on substitution. Notwithstanding any other provision of law, all persons are prohibited from purchasing, directly or indirectly, unprocessed timber originating from public lands in a state if:

(1) Such unprocessed timber would be used in substitution for exported unprocessed timber originating from private lands in that state; or

(2) Such person has, during the preceding 24-month period, exported unprocessed timber originating from private lands in that state. (16 U.S.C. 620c(b)(3)(A)).

(c) Exemption. The prohibitions in section (b) of this Order do not apply in a state on or after the date on which:

(1) The Governor of that state provides the Secretary of Commerce with notification of a prior state program under section 491(d)(2)(C) (16 U.S.C. 620c(d)(2)(C)) of the Act; or

(2) The Secretary of Commerce approves a state program under section 491(d)(2)(A) (16 U.S.C. 620c(d)(2)(A)) of the Act; or

(3) The Secretary of Commerce issues implementing regulations under the Act, whichever occurs first.‹SUP›2‹/SUP› (16 U.S.C. 620c(b)(3)(B).)

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

(d) Prior contracts. This Order does not apply to any contract for the purchase of unprocessed timber from public lands entered into before September 10, 1990, with respect to states with annual sales volumes of 400,000,000 board feet or less, or January 1, 1991, with respect to states with annual sales volumes greater than 400,000,000 board feet, or any contract under which exports were permitted pursuant to an Order of the Secretary of Commerce in effect under the Act before October 23, 1992. (16 U.S.C. 620c(e).)

(e) Western Red Cedar. This Order shall not be construed to supersede the controls on the export of Western Red Cedar required by section 7(i) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2406(i)), as supplemented by the International Emergency Economic Powers Act (50 U.S.C. 1701-1706), Executive Order 12924 of August 19, 1994 (3 CFR 1994 Comp. at 916 (1995)), as extended by Presidential Notice on August 15, 1995 (3 CFR 1995 Comp. at 501 (1996)), on August 14, 1996 (3 CFR 1996 Comp. at 298 (1997)), and on August 13, 1997 (62 FR 43629 (August 15, 1997)) and as set out in Sec. 754.4 of the Export Administration Regulations (15 CFR 754.4). (16 U.S.C. 620c(f).)

(f) Definitions.--(1) Public lands. As defined in section 493(5) (16 U.S.C. 620e(5)) of the Act, ``public lands'' means lands west of the 100th meridian in the contiguous 48 states that are held or owned by a state or political subdivision thereof, or any other public agency. Such term does not include any lands the title to which is:

(i) Held by the United States;

(ii) Held in trust by the United States for the benefit of any Indian tribe or individual;

(iii) Held by any Indian tribe or an individual subject to a restriction by the United States against alienation; or

(iv) Held by any Native Corporation as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(2) Unprocessed Timber. As defined in section 493(7) (16 U.S.C. 620e(7)) of the Act, the term ``unprocessed timber'' means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term ``unprocessed timber'' does not include timber processed into any one of the following:

(i) Lumber or construction timbers, except Western Red Cedar, meeting current American Lumber Standard Grades or Pacific Lumber Inspection Bureau Export ``R'' or ``N'' list grades, sawn on 4 sides, not intended for remanufacture.

(ii) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export ``R'' or ``N'' list clear grades, sawn on four sides, not to exceed twelve inches in thickness.

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(iii) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, that do not meet the grades referred to in clause (ii) and are sawn on four sides, with wane less than one- quarter of any face, not exceeding eight and three-quarters inches in thickness.

(iv) Chips, pulp, or pulp products.

(v) Veneer or plywood.

(vi) Poles, posts, or piling cut or treated with preservatives for use as such.

(vii) Shakes or shingles.

(viii) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp.

(ix) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips.

(3) Substitution. Consistent with section 493(8) (16 U.S.C. 620e(8)) of the Act, the acquisition of unprocessed timber from public lands west of the 100th meridian in the contiguous 48 States to be used in ``substitution'' for exported unprocessed timber originating from private lands means acquiring unprocessed timber from such public lands and engaging in export, or selling for export, unprocessed timber originating from private lands within the same geographic and economic area.

(4) Acquisition. As defined in section 493(1) (16 U.S.C. 620e(1)) of the Act, the term ``acquire'' means to come into possession of whether directly or indirectly through a sale, trade, exchange, or other transaction and the term ``acquisition'' means the act of acquiring.

(5) Person. As defined in section 493(3) (16 U.S.C. 620e(3)) of the Act, the term ``person'' means any individual, partnership, corporation, association, or other legal entity and includes any subsidiary subcontractor or parent company and business affiliates where one affiliate controls or has the power to control the other or when both are controlled directly or indirectly by a third person.

Dated: January 9, 1998. William A. Reinsch, Under Secretary for Export Administration, Department of Commerce.

[FR Doc. 98-9532Filed4-9-98; 8:45 am]

BILLING CODE 3510-33-P