[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9532]
[[Page 17814]]
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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.
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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. 98-9532 Filed 4-9-98; 8:45 am]
BILLING CODE 3510-33-P
