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

DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No. 980323074-01]

Notice of General Order Prohibiting Exports of Unprocessed Timber

From Certain Public Lands

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice; Order on log exports.

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SUMMARY: Section 602(b) of Title VI of Pub. L. 105-83 requires the

Secretary of Commerce to issue an Order concerning the export of timber

originating from non-Federal public lands in the western continental

United States pursuant to the Forest Resources Conservation and

Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.). This

notice announces the Department's Order and publishes that Order as an

appendix to this notice.

DATES: Order signed on January 9, 1998.

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

Program, Office of Chemical and Biological Controls and Treaty

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

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

482-0751.

SUPPLEMENTARY INFORMATION:

Background

Section 602(b) of Title VI of Pub. L. 105-83 requires the Secretary

of Commerce to issue an Order making permanent the total prohibition

contained in section 491(b)(2)(A) of the Forest Resources Conservation

and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.), on

the export of unprocessed timber originating from public lands in

states west of the 100th meridian in the contiguous 48 states with more

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

The Secretary of Commerce has delegated the authority for carrying

out the policies and programs necessary to administer laws regarding

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

Export Administration. On January 9, 1998, the Under Secretary of

Commerce for Export Administration signed an Order prohibiting exports

of unprocessed timber as described above. The Order is reproduced in

the following Appendix.

Dated: April 6, 1998.

R. Roger Majak,

Assistant Secretary for Export Administration.

Appendix

General Order Prohibiting Exports of Unprocessed Timber From Certain

Public Lands

This order is issued pursuant to Pub. L. 105-83. Section 602(b)

of Pub. L. 105-83 requires the Secretary of Commerce to make

permanent the total prohibition of section 491(b)(2)(A) of the

Forest Resources Conservation and Shortage Relief Act of 1990, as

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

unprocessed timber originating from public lands in states west of

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

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

timber.1 As the Secretary of Commerce has delegated the

authority for carrying out the policies and programs necessary to

administer laws regarding the control of U.S. exports to the Under

Secretary for Export Administration, I therefore order the

following:

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\1\ The Secretary of Commerce's August 23, 1993 General Order

Prohibiting Exports of Unprocessed Timber From Certain Public Lands

continues in effect to prohibit the export from the United States,

to any destination, of unprocessed timber originating from public

lands in states located west of the 100th meridian in the contiguous

48 States with annual timber sales volumes of 400,000,000 board feet

or less.

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

board feet of unprocessed timber originating from state or other

public lands. Notwithstanding any other provision of law, the

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

timber originating from public lands in any state located west of

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

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

prohibited. This prohibition is effective November 14, 1997.

(Section 602(b) of Title VI of Pub. L. 105-83 and 16 U.S.C.

620c(b)(2)(A) and (B)).

(b) Prohibition on substitution. Notwithstanding any other

provision of law, all persons are prohibited from purchasing,

directly or indirectly, unprocessed timber originating from public

lands in a state if:

(1) Such unprocessed timber would be used in substitution for

exported unprocessed timber originating from private lands in that

state; or

(2) Such person has, during the preceding 24-month period,

exported unprocessed timber originating from private lands in that

state. (16 U.S.C. 620c(b)(3)(A)).

(c) Exemption. The prohibitions in section (b) of this Order do

not apply in a state on or after the date on which:

(1) The Governor of that state provides the Secretary of

Commerce with notification of a prior state program under section

491(d)(2)(C) (16 U.S.C. 620c(d)(2)(C)) of the Act; or

(2) The Secretary of Commerce approves a state program under

section 491(d)(2)(A) (16 U.S.C. 620c(d)(2)(A)) of the Act; or

(3) The Secretary of Commerce issues implementing regulations

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

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

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\2\ On June 1, 1995, the Secretary of Commerce gave final

approval to the programs of Washington and Oregon.

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

for the purchase of unprocessed timber from public lands entered

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

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

with respect to states with annual sales volumes greater than

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

permitted pursuant to an Order of the Secretary of Commerce in

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

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

supersede the controls on the export of Western Red Cedar required

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

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

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

12924 of August 19, 1994 (3 CFR 1994 Comp. at 916 (1995)), as

extended by Presidential Notice on August 15, 1995 (3 CFR 1995 Comp.

at 501 (1996)), on August 14, 1996 (3 CFR 1996 Comp. at 298 (1997)),

and on August 13, 1997 (62 FR 43629 (August 15, 1997)) and as set

out in Sec. 754.4 of the Export Administration Regulations (15 CFR

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

(f) Definitions.--(1) Public lands. As defined in section 493(5)

(16 U.S.C. 620e(5)) of the Act, ``public lands'' means lands west of

the 100th meridian in the contiguous 48 states that are held or

owned by a state or political subdivision thereof, or any other

public agency. Such term does not include any lands the title to

which is:

(i) Held by the United States;

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

Indian tribe or individual;

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

restriction by the United States against alienation; or

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

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

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

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

portions of trees or other roundwood not processed to standards and

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

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

following:

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

meeting current American Lumber Standard Grades or Pacific Lumber

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

sides, not intended for remanufacture.

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

except Western Red Cedar, meeting current American Lumber Standards

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

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

in thickness.

[[Page 17815]]

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

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

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

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

in thickness.

(iv) Chips, pulp, or pulp products.

(v) Veneer or plywood.

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

for use as such.

(vii) Shakes or shingles.

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

in length, exported for processing into pulp.

(ix) Pulp logs or cull logs processed at domestic pulp mills,

domestic chip plants, or other domestic operations for the purpose

of conversion of the logs into chips.

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

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

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

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

originating from private lands means acquiring unprocessed timber

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

export, unprocessed timber originating from private lands within the

same geographic and economic area.

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

620e(1)) of the Act, the term ``acquire'' means to come into

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

exchange, or other transaction and the term ``acquisition'' means

the act of acquiring.

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

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

corporation, association, or other legal entity and includes any

subsidiary subcontractor or parent company and business affiliates

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

or when both are controlled directly or indirectly by a third

person.

Dated: January 9, 1998.

William A. Reinsch,

Under Secretary for Export Administration, Department of Commerce.

[FR Doc. 98-9532 Filed 4-9-98; 8:45 am]

BILLING CODE 3510-33-P