Page:United States Statutes at Large Volume 111 Part 2.djvu/538

 Ill STAT. 1618 PUBLIC LAW 105-83—NOV. 14, 1997 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 Rehef 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

�