[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56942-56943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28399]
[[Page 56942]]
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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
