Page:United States Statutes at Large Volume 111 Part 2.djvu/539

 ./ Wi^^--J,.' -' ^ -'• PUBLIC LAW 105-83 —NOV. 14, 1997 111 STAT. 1619 similarity 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 Notice. 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 Effective date. Notice.

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