Pub. L. 105-83, tit. VI, sec. 602

Sec. 602. (a) Use of Unprocessed Timber-Limitation on Substitution of Unprocessed Federal Timber for Unprocessed Timber From Private Land.—Section 490 of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620b) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting “paragraph (3) and” after “provided in”; and (B) by adding at the end the following: “(3) Applicability.—In the case of the purchase by a person of unprocessed timber originating from Federal lands west of the 119th meridian in the State of Washington, paragraph (1) shall apply only if— “(A) the private lands referred to in paragraph (1) are owned by the person; or “(B) the person has the exclusive right to harvest timber from the private lands described in paragraph (1) during a period of more than 7 years, and may exercise that right at any time of the person’s choosing.”; (2) in subsection (c)— (A) in the subsection heading, by striking “Approval of”; (B) in paragraph (2)— (i) in the paragraph heading, by inserting “for sourcing areas for processing facilities located outside the northwestern private timber open market area”; after “Application”; and (ii) in subparagraph (A), by inserting “(except private land located in the northwestern private timber open market area)” after “lands”; (C) in paragraph (3)— (i) in the paragraph heading, by inserting “for sourcing areas for processing facilities located outside of the northwestern private timber open market area.—(A) In general”; after “approval”; and (ii) by striking the last sentence of paragraph (3) and adding at the end the following: “(B) For timber manufacturing facilities located in idaho.—Except as provided in subparagraph (D), in making a determination referred to in subparagraph (A), the Secretary concerned shall consider the private timber export and the private and Federal timber sourcing patterns for the applicant’s timber manufacturing facilities, as well as the private and Federal timber sourcing patterns for the timber manufacturing facilities of other persons in the same local vicinity of the applicant, and the relative similarity of such private and Federal timber sourcing patterns. “(C) For timber manufacturing facilities located in states other than idaho.—Except as provided in subparagraph (D), in making the determination referred to in subparagraph (A), the Secretary concerned shall consider the private timber export and the Federal timber sourcing patterns for the applicant’s timber manufacturing facilities, as well as the Federal timber sourcing patterns for the timber manufacturing facilities of other persons in the same local vicinity of the applicant, and the relative 111 STAT. 1619similarity of such Federal timber sourcing patterns. Private timber sourcing patterns shall not be a factor in such determinations in States other than Idaho. “(D) Area not included.—In deciding whether to approve or disapprove an application, the Secretary shall not— “(i) consider land located in the northwestern private timber open market area; or “(ii) condition approval of the application on the inclusion of any such land in the applicant’s sourcing area, such land being includable in the sourcing area only to the extent requested by the applicant.”; (D) in paragraph (4), in the paragraph heading, by inserting “for sourcing areas for processing facilities located outside the northwestern private timber open market area”; after “application”; (E) in paragraph (5), in the paragraph heading, by inserting “for sourcing areas for processing facilities located outside the northwestern private timber open market area”; after “determinations”; and (F) by adding at the end the following: “(6) Sourcing areas for processing facilities located in the northwestern private timber open market area.— “(A) Establishment.—In the northwestern private timber open market area— “(i) a sourcing area boundary shall be a circle around the processing facility of the sourcing area applicant or holder; “(ii) the radius of the circle— “(I) shall be the furthest distance that the sourcing area applicant or holder proposes to haul Federal timber for processing at the processing facility; and “(II) shall be determined solely by the sourcing area applicant or holder; “(iii) a sourcing area shall become effective on written notice to the Regional Forester for Region 6 of the Forest Service of the location of the boundary of the sourcing area; “(iv) the 24-month requirement in paragraph (1)(A) shall not apply; “(v) a sourcing area holder— “(I) may adjust the radius of the sourcing area not more frequently than once every 24 months; and “(II) shall provide written notice to the Regional Forester for Region 6 of the adjusted boundary of its sourcing area before using the adjusted sourcing area; and “(vi) a sourcing area holder that relinquishes a sourcing area may not reestablish a sourcing area for that processing facility before the date that is 24 months after the date on which the sourcing area was relinquished. “(B) Transition.—With respect to a portion of a sourcing area established before the date of enactment 111 STAT. 1620of this paragraph that contains Federal timber under contract before that date and is outside the boundary of a new sourcing area established under subparagraph (A)— “(i) that portion shall continue to be a sourcing area only until unprocessed Federal timber from the portion is no longer in the possession of the sourcing area holder; and “(ii) unprocessed timber from private land in that portion shall be exportable immediately after unprocessed timber from Federal land in the portion is no longer in the possession of the sourcing area holder. “(7) Relinquishment and termination of sourcing areas.— “(A) In general.—A sourcing area may be relinquished at any time. “(B)Effective date.—A relinquishment of a sourcing area shall be effective as of the date on which written notice is provided by the sourcing area holder to the Regional Forester with jurisdiction over the sourcing area where the processing facility of the holder is located. “(C) Exportability.— “(i) In general.—On relinquishment or termination of a sourcing area, unprocessed timber from private land within the former boundary of the relinquished or terminated sourcing area is exportable immediately after unprocessed timber from Federal land from within that area is no longer in the possession of the former sourcing area holder. “(ii) No restriction.—The exportability of unprocessed timber from private land located outside of a sourcing area shall not be restricted or in any way affected by relinquishment or termination of a sourcing area.”; and (3) by adding at the end the following: “(d) Domestic Transportation and Processing of Private Timber.—Nothing in this section restricts or authorizes any restriction on the domestic transportation or processing of timber harvested from private land, except that the Secretary may prohibit processing facilities located in the State of Idaho that have sourcing areas from processing timber harvested from private land outside of the boundaries of those sourcing areas.”. (b) Restriction of Exports of Unprocessed Timber From State and Public Land.—Section 491(b)(2) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended— (1) by striking “the following” and all that follows through “(A) The Secretary” and inserting “the Secretary”; (2) by striking “during the period beginning on June 1, 1993, and ending on December 31, 1995” and inserting “as of the date of enactment of the Forest Resources Conservation and Shortage Relief Act of 1997”; and (3) by striking subparagraph (B).