Title 16ConservationRelease 119-73

§620c Restriction on exports of unprocessed timber from State and other public lands

Title 16 › Chapter CHAPTER 4— - PROTECTION OF TIMBER, AND DEPREDATIONS › § 620c

Last updated Apr 6, 2026|Official source

Summary

Exports of unprocessed timber that comes from public lands are banned. For States that sell 400,000,000 board feet or less a year, the ban started June 1, 1993. For States that sell more than 400,000,000 board feet a year, the ban started November 14, 1997. The rule also generally stops people from buying public‑land timber if they would use it to replace timber exported from private land, or if they exported private‑land timber in the past 24 months, unless a State has an approved program or other exceptions apply. Contracts made before September 10, 1990 (for the smaller States) or before January 1, 1991 (for the larger States), and contracts that allowed exports under a Secretary’s order in effect before October 23, 1992, are not covered. The Secretary of Commerce must quickly decide which tree species, grades, and locations are covered, and write rules to enforce the ban, unless a State is running an approved program. A Governor can send a program to the Secretary for approval; the Secretary must approve it within 30 days unless it would allow illegal exports. States that had qualifying programs on May 3, 1993 may notify the Secretary within 30 days after July 1, 1993 and keep them in force until the end of the 9‑month period after the Secretary issues federal rules. The Secretary can exempt specific surplus timber by rule and can withdraw that exemption later. The President may suspend or change the ban after public notice and comment if a World Trade Organization or other trade ruling finds it breaks U.S. trade obligations (with at least 120 days’ notice and comment), may remove or change bans for national economic reasons if a State asks, and may annually suspend the ban starting January 1, 1998 if it no longer serves the law’s purposes (suspension takes effect 90 days after notifying Congress). Federal authority to respond to foreign actions and certain earlier federal laws remain in effect.

Full Legal Text

Title 16, §620c

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(a)Except as provided in subsection (g), the Secretary of Commerce shall issue orders to prohibit the export from the United States of unprocessed timber originating from public lands, as provided in subsection (b).
(b)(1)With respect to States with annual sales volumes of 400,000,000 board feet or less, the Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective June 1, 1993.
(2)With respect to any State with an annual sales volume greater than 400,000,000 board feet, the Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective as of November 14, 1997.
(3)(A)Subject to subparagraph (B), each order of the Secretary of Commerce under paragraph (1) or (2) shall also prohibit, notwithstanding any other provision of law, any person from purchasing, directly or indirectly, unprocessed timber originating from public lands in a State if—
(i)such unprocessed timber would be used in substitution for exported unprocessed timber originating from private lands in that State; or
(ii)such person has, during the preceding 24-month period, exported unprocessed timber originating from private lands in that State.
(B)The prohibitions referred to in subparagraph (A) shall not apply in a State on or after the date on which—
(i)the Governor of that State provides the Secretary of Commerce with notification of a prior program under subparagraph (C) of subsection (d)(2),
(ii)the Secretary of Commerce approves a program of that State under subparagraph (A) of subsection (d)(2), or
(iii)regulations of the Secretary of Commerce issued under subsection (c) to carry out this section take effect,
(4)Not later than June 1, 1995, the Secretary of Commerce, in conjunction with the Secretaries of Agriculture and Interior, shall issue a report to the Congress on the effects of the reallocation, as a result of the enactment of sections 620 to 620j of this title, of public lands timber resources to the domestic timber processing sector, the ability of the domestic timber processing sector to meet domestic demand for forest products, the volume of transshipment of timber originating from public lands across State borders, the effectiveness of rules issued and administered by the Secretary of Commerce pursuant to sections 620 to 620j of this title and the effectiveness of State programs authorized under subsection (d), and trends in growth and productivity in the domestic timber processing sector.
(c)(1)(A)Subject to subparagraph (B), the Secretary of Commerce shall, as soon as possible after July 1, 1993—
(i)determine the species, grades, and geographic origin of unprocessed timber to be prohibited from export in each State that is subject to an order issued under subsection (a);
(ii)administer the prohibitions consistent with sections 620 to 620j of this title;
(iii)ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export within each State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State; and
(iv)issue such regulations as are necessary to carry out this section.
(B)The actions and regulations of the Secretary under subparagraph (A) shall not apply with respect to a State that is administering and enforcing a program under subsection (d).
(2)The Secretary of Commerce is authorized to enter into agreements with Federal and State agencies with appropriate jurisdiction to assist the Secretary in carrying out sections 620 to 620j of this title.
(d)(1)Notwithstanding subsection (c), the Governor of any State may submit a program to the Secretary of Commerce for approval that—
(A)implements, with respect to unprocessed timber originating from public lands in that State, the prohibition on exports set forth in the Secretary’s order under subsection (a); and
(B)ensures that the species, grades, and geographic origin of unprocessed timber prohibited from export within the State is representative of the species, grades, and geographic origin of timber comprising the total timber sales program of the State.
(2)(A)Not later than 30 days after the submission of a program under paragraph (1), the Secretary of Commerce shall approve the program unless the Secretary finds that the program will result in the export of unprocessed timber from public lands in violation of sections 620 to 620j of this title and publishes that finding in the Federal Register.
(B)If the Secretary of Commerce approves a program submitted under paragraph (1), the Governor of the State for which the program was submitted, or such other official of that State as the Governor may designate, may administer and enforce the program, which shall apply in that State in lieu of the regulations issued under subsection (c).
(C)Not later than 30 days after July 1, 1993, the Governor of any State that had, before May 4, 1993, issued regulations under this subsection as in effect before May 4, 1993, may provide the Secretary of Commerce with written notification that the State has a program that was in effect on May 3, 1993, and that meets the requirements of paragraph (1). Upon such notification, that State may administer and enforce that program in that State until the end of the 9-month period beginning on the date on which the Secretary of Commerce issues regulations under subsection (c), and that program shall, during the period in which it is so administered and enforced, apply in that State in lieu of the regulations issued under subsection (c). Such Governor may submit, with such notification, the program for approval by the Secretary under paragraph (1).
(e)Nothing in this section shall apply to—
(1)any contract for the purchase of unprocessed timber originating from public lands that was entered into before—
(A)September 10, 1990, with respect to States with annual sales volumes of 400,000,000 board feet or less; or
(B)January 1, 1991, with respect to States with annual sales volumes greater than 400,000,000 board feet; or
(2)any contract under which exports of unprocessed timber were permitted pursuant to an order of the Secretary of Commerce in effect under this section before October 23, 1992.
(f)Nothing in this section shall be construed to supersede section 4606(i) 11 See References in Text note below. of title 50.
(g)The President is authorized, after suitable notice and a public comment period of not less than 120 days, to suspend the provisions of this section if a panel of experts has reported to the Dispute Settlement Body of the World Trade Organization (as the term “World Trade Organization” is defined in section 3501(8) of title 19), or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that the provisions of this section are in violation of, or inconsistent with, United States obligations under that trade agreement.
(h)Based upon a determination that it is in the national economic interest, the President may remove or modify any prohibition on exports from public lands in a State if that State petitions the President to remove or modify such prohibition.
(i)No provision of Federal law which imposes requirements with respect to the generation of revenue from State timberlands and was enacted before August 20, 1990, shall be construed to invalidate, supersede, or otherwise affect any action of a State or political subdivision of a State pursuant to sections 620 to 620j of this title.
(j)The prohibitions on exports contained in orders of the Secretary of Commerce issued under subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from public lands which the Secretary concerned determines by rule to be surplus to the needs of timber manufacturing facilities in the United States. Any such determination may, by rule, be withdrawn by the Secretary concerned if the Secretary determines that the affected timber is no longer surplus to the needs of timber manufacturing facilities in the United States.
(k)Notwithstanding any other provision of this section, beginning on January 1, 1998, and annually thereafter, if the President finds, upon review of the purposes and implementation of sections 620 to 620j of this title, that the prohibitions on exports required by subsection (a) no longer promote the purposes of sections 620 to 620j of this title, then the President may suspend such prohibitions, except that such suspension shall not take effect until 90 days after the President notifies the Congress of such finding.
(l)Nothing in sections 620 to 620j of this title shall be construed to limit the authority of the President or the United States Trade Representative to take action authorized by law to respond appropriately to any measures taken by a foreign government in connection with sections 620 to 620j of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4606(i) of title 50, referred to in subsec. (f), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Amendments

1999—Subsec. (g). Pub. L. 106–36 substituted “Dispute Settlement Body of the World Trade Organization (as the term ‘World Trade Organization’ is defined in section 3501(8) of title 19)” for “Contracting Parties to the General Agreement on Tariffs and Trade”. 1997—Subsec. (b)(2). Pub. L. 105–83 struck out “the following shall apply:” in introductory provisions, substituted “the Secretary” for “(A) The Secretary” and “as of
November 14, 1997” for “during the period beginning on
June 1, 1993, and ending on
December 31, 1995”, and struck out subpar. (B) which read as follows: “For all periods on or after
January 1, 1996, the Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than
September 30, 1995. Such order shall prohibit the export of the lesser of 400,000,000 board feet or the annual sales volume in that State of unprocessed timber originating from public lands.” 1993—Subsec. (a). Pub. L. 103–45, § 2(1), substituted “(g)” for “(e)” and “as provided” for “in the amounts specified”. Subsec. (b)(1). Pub. L. 103–45, § 2(2)(A), inserted “, notwithstanding any other provision of law,” after “prohibit” and substituted “, effective
June 1, 1993” for “not later than 21 days after
August 20, 1990”. Subsec. (b)(2). Pub. L. 103–45, § 2(2)(B), added subpar. (A) and struck out former subpar. (A), redesignated subpar. (D) as (B) and substituted “annual sales volume in that State of unprocessed timber originating from public lands” for “total annual sales volume” at end, and struck out former subpars. (B) and (C). Prior to amendment, former subpars. (A) to (C) read as follows: “(A) The Secretary of Commerce shall issue an order referred to in subsection (a) of this section not later than 21 days after
August 20, 1990. Such order shall cover a period beginning 120 days after the issuance of such an order, or
January 1, 1991, whichever is earlier, and shall extend to
December 31, 1991. Such order shall prohibit the export of 75 percent of the annual sales volume in such State of unprocessed timber from public lands. “(B) For the period beginning on
January 1, 1992, and ending on
December 31, 1993, the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) of this section not later than
September 30, 1991. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period. “(C) For the period beginning on
January 1, 1994, and ending on
December 31, 1995, the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) of this section not later than
September 30, 1993. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2-year period.” Subsec. (b)(3), (4). Pub. L. 103–45, § 2(2)(C), (D), added par. (3), redesignated former par. (3) as (4), and substituted “the Secretary of Commerce pursuant to sections 620 to 620j of this title and the effectiveness of State programs authorized under subsection (d)” for “States pursuant to sections 620 to 620j of this title”. Subsecs. (c) to (l). Pub. L. 103–45, § 2(3), (4), added subsecs. (c) to (f), struck out former subsecs. (c) and (d) which related to basis for increase in volume prohibited from export and administrative provisions, respectively, and redesignated former subsecs. (e) to (j) as (g) to (l), respectively.

Statutory Notes and Related Subsidiaries

Severability

of Provisions Pub. L. 103–45, § 4, July 1, 1993, 107 Stat. 228, provided that: “If any provision of this Act [amending this section and section 620d of this title and enacting provisions set out as a note under section 620 of this title], or the

Amendments

made by this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and such

Amendments

and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.” Extension and Issuance of Order Under Subsection (b)(2)Pub. L. 104–208, div. A, title I, § 101(d) [title III], Sept. 30, 1996, 110 Stat. 3009–181, 3009–223, which in part directed Secretary of Commerce to extend until Sept. 30, 1997, the order issued under subsec. (b)(2)(A) of this section and to issue an order under subsec. (b)(2)(B) of this section effective Oct. 1, 1997, was from the Department of the Interior and Related Agencies Appropriations Act, 1997, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–134, title I, § 101(c) [title III, § 333], Apr. 26, 1996, 110 Stat. 1321–156, 1321–210; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 104–99, title I, § 130, Jan. 26, 1996, 110 Stat. 34.

Reference

Citations & Metadata

Citation

16 U.S.C. § 620c

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73