Page:United States Statutes at Large Volume 104 Part 1.djvu/754

 104 STAT. 720 PUBLIC LAW 101-382—AUG. 20, 1990 shall prohibit the export of the lesser of 400,000,000 board feet or the total annual sales volume. (3) REPORT TO CONGRESS.— 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 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 States pursuant to this title, and trends in growth and productivity in the domestic timber processing sector. (c) BASIS FOR INCREASE IN VOLUME PROHIBITED FROM EXPORT. — The Secretary of Commerce may increase the amount of unprocessed timber to be prohibited from export above the minimum amount specified in subsection (b)(2)(B) and (C), based on a determination that the purposes of this title have not been adequately met and that such an increase would further the purposes of this title. In making this determination, the Secretary shall consider— (1) actions or decisions taken, for the purpose of conserving or protecting exhaustible natural resources in the United States, I which have affected the use or availability of forest products; (2) whether the volume of timber from public lands that is under contract has increased or decreased by an amount greater than 20 percent within the previous 12 months; and (3) the probable effects of unprocessed timber exports on the ability of timber mills to acquire unprocessed timber. (d) ADMINISTRATIVE PROVISIONS. — (1) DELAY OF SECRETARY'S ORDER. — In the event that any order of the Secretary of Commerce under subsection (a) or its ,; implementation is delayed for any reason, the prohibitions on exports under subsection (b) to which such order would apply shall apply in the absence of such order. (2) ADMINISTRATION BY STATES. — Each State shall determine the species, grade, and geographic origin of unprocessed timber to be prohibited from export under subsection (b) and shall administer such prohibitions consistent with the intent of this title and ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export is representative of the species, grades, and geographic origin of timber comprising such State's total timber sales program. The State is authorized to cooperate with Federal and State agencies with appropriate jurisdiction to further the intent of this title. (3) STATE REGULATIONS.—(A) Except for States with annual . sales of 400,000,000 board feet or less upon the date of the enactment of this Act, the Governor of each State to which this title applies, or such other State official as the Governor may designate, shall, within 120 days after the date of the enactment of this Act, issue regulations to carry out the purposes of this section, the promulgation of which shall be consistent with section 553 of title 5, United States Code. Such regulations in each State shall remain in effect until such time as the legislature of that State enacts such requirements as it deems appropriate to carry out this section. Before issuing such regulations.

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