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

DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No. 96-1023295-6295-01]

RIN 0694-XX06

Notice of General Order Prohibiting Exports of Unprocessed Timber

From Certain Public Lands

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice; Order on Log Exports.

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SUMMARY: Section 319 of Title III of Section 101(d) of Title I of

Public Law 104-208 requires the Secretary of Commerce to issue an Order

concerning the export of timber originating from non-Federal public

lands in the western continental United States pursuant to the Forest

Resources Conservation and Shortage Relief Act of 1990, as amended (16

U.S.C. 620 et seq. (1994). This notice announces the Department's Order

and publishes that Order as an appendix to this notice.

DATES: Order signed on October 18, 1996.

FOR FURTHER INFORMATION CONTACT: Bernard Kritzer, Manager, Short Supply

Program, Office of Chemical and Biological Controls and Treaty

Compliance, Bureau of Export Administration, U.S. Department of

Commerce, Washington, D.C. 20230. Telephone: (202) 482-0894, Fax (202)

482-0751.

SUPPLEMENTARY INFORMATION:

Background

Section 319 of Title III of Section 101(d) Title I of Public Law

104-208 requires the Secretary of Commerce to issue an Order extending,

through September 30, 1997, the total prohibition contained in Section

491(b)(2)(A) of the Forest Resources Conservation and Shortage Relief

Act of 1990, as amended (16 U.S.C. 620 et seq. (1994)) on the export of

unprocessed timber originating from public lands in states west of the

100th meridian in the contiguous 48 States with more than 400,000,000

board feet of annual sales volumes of such timber. Section 319 also

requires the Department to issue an order, beginning October 1, 1997,

for states with annual timber sales in excess 400,000,000 million,

allowing the export of such timber that is in excess of 400,000,000

board feet. The Secretary of Commerce has delegated the authority for

carrying out the policies and programs necessary to administer laws

regarding the control of U.S. exports to the Under Secretary of

Commerce for Export Administration. On October 18, 1996, the Under

Secretary of Commerce for Export Administration signed the Order for

the above described purposes. The Order is reproduced in the following

Appendix.

Dated: October 31, 1996.

Sue E. Eckert,

Assistant Secretary for Export Administration.

Appendix

General Order Prohibiting Exports of Unprocessed Timber From Certain

Public Lands

This order 1 is issued pursuant to Public Law No. 104-208.

Section 319 of Title III of Section 101(d) of Title I of Public Law

No. 104-208 requires the Secretary of Commerce to extend, through

September 30, 1997, the total prohibition of section 491(b)(2)(A) of

the Forest Resources Conservation and Shortage Relief Act of 1990,

as amended (the Act) (16 U.S.C. 620 et seq. (1994)) on the export of

unprocessed timber originating from public lands in states west of

the 100th meridian in the contiguous 48 States with more than

400,000,000 board feet of annual sales volumes of such timber.

Section 319 also requires the Secretary of Commerce to make

effective, on October 1, 1997, the prohibition of section

491(b)(2)(B) of the Act on the export of only the lesser of

400,000,000 board feet or the annual sales volume of unprocessed

timber originating from public lands in states west of the 100th

meridian in the contiguous 48 States with more than 400,000,000

board feet of annual sales volumes of such timber. As the Secretary

of Commerce has delegated the authority for carrying out the

policies and programs necessary to administer laws regarding the

control of U.S. exports to the Under Secretary for Export

Administration, I therefore order the following:

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\1\ This order does not affect the prohibition on the export of

any unprocessed timber originating from public lands in any state

located west of the 100th meridian in the contiguous 48 States with

annual sales volumes of 400,000,000 board feet or less of such

timber. (16 U.S.C. 620c(b)(1) and General Order Prohibiting Exports

of Unprocessed Timber from Certain Public Lands, 58 FR 55038

(October 25, 1993)).

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(a) States with annual sales volumes of greater than 400,000,000

board feet of unprocessed timber originating from state or other

public lands. Notwithstanding any other provision of law, the

export, from the United States to any destination, of unprocessed

timber originating from public lands in any state located west of

the 100th meridian in the contiguous 48 States with annual sales

volumes of such timber greater than 400,000,000 board feet is

prohibited through September 30, 1997. Effective October 1, 1997,

however, only the export, from the United States to any destination,

of the lesser of 400,000,000 board feet or the states annual sales

volume of such timber is prohibited. The export of the excess of

400,000,000 board feet of such timber is, therefore, permitted

effective October 1, 1997, unless otherwise prohibited by any

provision of law. (Section 319 of Title III of Section 101(d) of

Title I, Public Law 104-208 and 16 U.S.C. 620c(b)(2)(A) and (B)).

(b) Prohibition on substitution. Notwithstanding any other

provision of law, all persons are prohibited from purchasing,

directly or indirectly, unprocessed timber originating from public

lands in a state if: (1) Such unprocessed timber would be used in

substitution for exported unprocessed timber originating from

private lands in that State; or (2) such person has, during the

preceding 24-month period, exported unprocessed timber originating

from private lands in that State. (16 U.S.C. 620c(b)(3)(A)).

(c) Exemption. The prohibitions in section (b) of this Order do not

apply in a state on or after the date on which: (1) The Governor of

that state provides the Secretary of Commerce with notification of a

prior state program under section 491(d)(2)(C) (16 U.S.C.

620c(d)(2)(C)) of the Act; or (2) the Secretary of Commerce approves a

state program under section 491(d)(2)(A) (16 U.S.C. 620c(d)(2)(A)) of

the Act; or (3) the Secretary of Commerce issues implementing

regulations under the Act, whichever occurs first.2 (16 U.S.C.

620c(b)(3)(B)).

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\2\ On June 1, 1995, Secretary Brown gave final approval to the

programs of Washington and Oregon.

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(d) Prior contracts. This Order does not apply to any contract

for the purchase of unprocessed timber from public lands entered

into before September 10, 1990, with respect to states with annual

sales volumes of 400,000,000 board feet or less, or January 1, 1991,

with respect to states with annual sales volumes greater than

400,000,000 board feet, or any contract under which exports were

permitted pursuant to an Order of the Secretary of Commerce in

effect under the Act before October 23, 1992. (16 U.S.C. 620c(e)).

(e) Western Red Cedar. This Order shall not be construed to

supersede the controls on the export of Western Red Cedar required

by section 7(I) of the Export Administration Act of 1979, as amended

(50 U.S.C. app. 2406(I)), as supplemented by the International

Emergency Economic Powers Act (50 U.S.C. 1701-1706), Executive Order

12924 of August 19, 1994 (59 FR 43437, August 27, 1994), and the

Presidential Notices of August 15, 1995 and August 14, 1996, and as

set out in section 754.4 of the Export Administration Regulations

(15 CFR 754.4). (16 U.S.C. 620c(f)).

(f) Definitions.

(1) Public lands. As defined in section 493(5) (16 U.S.C.

620e(5)) of the Act, ``public lands'' means lands west of the 100th

meridian in the contiguous 48 states that are held or owned by a

State or political subdivision thereof, or any other public agency.

Such term does not include any lands the title to which is:

(i) held by the United States;

(ii) held in trust by the United States for the benefit of any

Indian tribe or individual;

(iii) held by any Indian tribe or an individual subject to a

restriction by the United States against alienation; or

[[Page 56943]]

(iv) held by any Native Corporation as defined in section 3 of

the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(2) Unprocessed Timber. As defined in section 493(7) (16 U.S.C.

620e(7)) of the Act, the term ``unprocessed timber'' means trees or

portions of trees or other roundwood not processed to standards and

specifications suitable for end product use. The term ``unprocessed

timber'' does not include timber processed into any one of the

following:

(i) Lumber or construction timbers, except Western Red Cedar,

meeting current American Lumber Standard Grades or Pacific Lumber

Inspection Bureau Export ``R'' or ``N'' list grades, sawn on 4 sides

not intended for remanufacture.

(ii) Lumber, construction timbers, or cants for remanufacture,

except Western Red Cedar, meeting current American Lumber Standards

Grades or Pacific Lumber Inspection Bureau Export ``R'' or ``N''

list clear grades, sawn on four sides, not to exceed twelve inches

in thickness.

(iii) Lumber, construction timbers, or cants for remanufacture,

except Western Red Cedar, that do not meet the grades referred to in

clause (ii) and are sawn on four sides, with wane less than one-

quarter of any face, not exceeding eight and three-quarters inches

in thickness.

(iv) Chips, pulp, or pulp products.

(v) Veneer or plywood.

(vi) Poles, posts, or piling cut or treated with preservatives

for use as such.

(vii) Shakes or shingles.

(viii) Aspen or other pulpwood bolts, not exceeding 100 inches

in length, export for processing into pulp.

(ix) Pulp logs or cull logs proceed at domestic operations for

the purpose of conversion of the logs into chips.

(3) Substitution. Consistent with section 493(8) (16 U.S.C.

620e(8)) of the Act, the acquisition of unprocessed timber from

public lands west of the 100th meridian in the contiguous 48 states

to be used in ``substitution'' for exported unprocessed timber

originating from private lands means acquiring unprocessed timber

from such public lands and engaging in export, or selling for

export, unprocessed timber originating from private lands within the

same geographic and economic area.

(4) Acquisition. As defined in section 493(1) (16 U.S.C. 620e

(1)) of the Act, the term ``acquire'' means to come into possession

of whether directly or indirectly through a sale trade exchange, or

other transaction and the term ``acquisition'' means the act of

acquiring.

(5) Person. As defined in section 493(3) (16 U.S.C. 620e(3)) of

the Act, the term ``person'' means any individual partnership,

corporation, association, or other legal entity and includes any

subsidiary subcontractor or parent company and business affiliates

where one affiliate controls or has the power to control the other

or when both are controlled directly or indirectly by a third

person.

Dated: October 18, 1996.

William A. Reinsch,

Under Secretary for Export Administration, U.S. Department of Commerce.

[FR Doc. 96-28399 Filed 11-4-96; 8:45 am]

BILLING CODE 3510-33-P