text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Forest Resources Conservation and 
  Shortage Relief Amendments Act of 1993''.
  SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND 
  OTHER PUBLIC LANDS.
      Section 491 of the Forest Resources Conservation and Shortage Relief 
  Act of 1990 (16 U.S.C. 620c) is amended--
          (1) in subsection (a)--
              (A) by striking ``(e)'' and inserting ``(g)''; and
              (B) by striking ``in the amounts specified'' and inserting 
          ``as provided'';
          (2) in subsection (b)--
              (A) in paragraph (1)--
                  (i) by inserting ``, notwithstanding any other provision 
              of law,'' after ``prohibit''; and
                  (ii) by striking ``not later than 21 days after the date 
              of the enactment of this Act'' and inserting ``, effective 
              June 1, 1993'';
              (B) in paragraph (2)--
                  (i) by striking subparagraph (A) and inserting the 
              following new subparagraph:
              ``(A) 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 during the period 
          beginning on June 1, 1993, and ending on December 31, 1995.'';
                  (ii) by striking subparagraphs (B) and (C); and
                  (iii) in subparagraph (D)--
  
                      (I) by redesignating such subparagraph as 
                  subparagraph (B); and
                      (II) by striking ``total annual sales volume'' and 
                  inserting ``annual sales volume in that State of 
                  unprocessed timber originating from public lands'';
  
              (C) in paragraph (3)--
                  (i) by redesignating such paragraph as paragraph (4); 
              and
                  (ii) by striking ``States pursuant to this title'' and 
              inserting ``the Secretary of Commerce pursuant to this title 
              and the effectiveness of State programs authorized under 
              subsection (d)''; and
              (D) by inserting after paragraph (2) the following new 
          paragraph:
          ``(3) Prohibition on substitution.--
              ``(A) Prohibition.--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) Exemption.--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,
          whichever occurs first.'';
          (3) by redesignating subsections (e) through (j) as subsections 
      (g) through (l), respectively; and
          (4) by striking subsections (c) and (d) and inserting the 
      following:
      ``(c) Federal Program.--
          ``(1) Administration by the secretary of commerce.--
              ``(A) In general.--Subject to subparagraph (B), the 
          Secretary of Commerce shall, as soon as possible after the date 
          of the enactment of the Forest Resources Conservation and 
          Shortage Relief Amendments Act of 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 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) Exemption.--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) Cooperation with other agencies.--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 this title.
      ``(d) Authorized State Programs.--
          ``(1) Authorization of new state programs.--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) Approval of state programs.--
              ``(A) Program approval.--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 this title and publishes that 
          finding in the Federal Register.
              ``(B) State program in lieu of federal program.--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) Prior state programs.--Not later than 30 days after 
          the date of the enactment of the Forest Resources Conservation 
          and Shortage Relief Amendments Act of 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) Prior Contracts.--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) Western Red Cedar.--Nothing in this section shall be construed 
  to supersede section 7(i) of the Export Administration Act of 1979 (50 
  U.S.C. App. 2406(i)).''.
  
  SEC. 3. MONITORING AND ENFORCEMENT.
  
      (a) Monitoring.--Section 492(a) of the Forest Resources Conservation 
  and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended--
          (1) in paragraph (1), by striking ``and'' at the end of the 
      paragraph;
          (2) in paragraph (2), by striking the period at the end of the 
      paragraph and inserting a semicolon; and
          (3) by adding at the end the following new paragraphs:
          ``(3) each person who acquires, either directly or indirectly, 
      unprocessed timber originating from public lands in a State that is 
      subject to an order issued by the Secretary of Commerce under 
      section 491(a), other than a State that is administering and 
      enforcing a program under section 491(d), shall report the receipt 
      and disposition of the timber to the Secretary of Commerce, in such 
      form as the Secretary may by rule prescribe, except that nothing in 
      this paragraph shall be construed to hold any person responsible for 
      reporting the disposition of any timber held by subsequent persons; 
      and
          ``(4) each person who transfers to another person unprocessed 
      timber originating from public lands in a State that is subject to 
      an order issued by the Secretary of Commerce under section 491(a), 
      other than a State that is administering and enforcing a program 
      under section 491(d), shall, before completing the transfer--
              ``(A) provide to such other person a written notice, in such 
          form as the Secretary of Commerce may prescribe, that shall 
          identify the public lands from which the timber originated; and
              ``(B) receive from such other person--
                  ``(i) a written acknowledgment of the notice, and
                  ``(ii) a written agreement that the recipient of the 
              timber will comply with the requirements of this title,
          in such form as the Secretary of Commerce may prescribe; and
              ``(C) provide to the Secretary of Commerce copies of all 
          notices, acknowledgments, and agreements referred to in 
          subparagraphs (A) and (B).''.
      (b) Civil Penalties.--Section 492(c) of the Forest Resources 
  Conservation and Shortage Relief Act of 1990 is amended--
          (1) in paragraph (1)--
              (A) by inserting ``(A)'' before ``If the Secretary''; and
              (B) by adding at the end the following:
          ``(B)(i) Subject to clause (ii), if the Secretary of Commerce 
      finds, on the record and after an opportunity for a hearing, that a 
      person, with willful disregard for the restrictions contained in an 
      order of the Secretary under section 491(a) on exports of 
      unprocessed timber from public lands, exported or caused to be 
      exported unprocessed timber originating from public lands in 
      violation of such order, the Secretary may assess against such 
      person a civil penalty of not more than $500,000 for each violation, 
      or 3 times the gross value of the unprocessed timber involved in the 
      violation, whichever amount is greater.
          ``(ii) Clause (i) shall not apply with respect to exports of 
      unprocessed timber originating from public lands in a State that is 
      administering and enforcing a program under section 491(d).''; and
          (2) in paragraph (2)--
              (A) by redesignating subparagraphs (A), (B), and (C) as 
          clauses (i), (ii), and (iii), respectively;
              (B) by inserting ``(A)'' before ``If the Secretary''; and
              (C) by adding at the end the following:
          ``(B)(i) Subject to clause (ii), if the Secretary of Commerce 
      finds, on the record and after an opportunity for a hearing, that a 
      person has violated, on or after June 1, 1993, any provision of this 
      title or any regulation issued under this title relating to the 
      export of unprocessed timber originating from public lands (whether 
      or not the violation caused the export of unprocessed timber from 
      public lands in violation of this title), the Secretary may assess 
      against such person a civil penalty to the same extent as the 
      Secretary concerned may impose a penalty under clause (i), (ii), or 
      (iii) of subparagraph (A).
          ``(ii) Clause (i) shall not apply with respect to unprocessed 
      timber originating from public lands in a State that is 
      administering and enforcing a program under section 491(d).''.
  
  SEC. 4. SEVERABILITY.
  
      If any provision of this Act 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.
  
  
  
  
  
  
  
                                  Speaker of the House of Representatives.
  
  
  
  
  
  
  
                               Vice President of the United States and    
                                                  President of the Senate.
target: Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to:  (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions. 
  Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one. 
  Establishes civil penalties for violations of this Act.
feat_title: Forest Resources Conservation and Shortage Relief Amendments Act of 1993