Sec. 301. Exemption to prohibition on export of unprocessed timber of dead and dying trees in the State of California
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Section 489 of the Forest Resources Conservation and Shortage Relief Act of 1990 ( 16 U.S.C. 620a ) is amended— in subsection (a), by inserting before the period at the end the following: or such timber is exempted under subsection (c). ; in subsection (b)(1)— by striking to specific and inserting the following: to— specific ; in subparagraph
(A)(as so designated), by striking the period at the end and inserting ; and ; and by adding at the end the following: unprocessed timber originating from National Forest System land in the State of California that— is included in a hazardous fuels reduction treatment; and for which there is no current domestic market. ; and by adding at the end the following: In this subsection: The term dead , with respect to a tree, means that the tree is designated by a registered professional forester or a designee of the Secretary concerned as dead. The term dying , with respect to a tree, means that— 50 percent or greater of the foliage-bearing crown of the tree is dead or fading in color (other than through normal autumn coloration changes) from a normal green to a yellow, sorrel, or brown; successful bark beetle attacks are exhibited on the tree, with indications of dead cambium and brood development distributed around the circumference of the bole of the tree; or 50 percent or greater of the circumference of the lower bole of the tree is girdled by wildlife; or the tree is designated by a registered professional forester or a designee of the Secretary concerned as likely to die within 1 year. The term State means the State of California. Subject to paragraph (3), the prohibition under subsection
(a)shall not apply to unprocessed surplus timber originating from a dead or dying tree on Federal land in the State. Not later than 60 days after the date of enactment of the Emergency Wildfire and Public Safety Act of 2020 , and each year thereafter, the Secretary concerned shall issue a list establishing which species and sizes of trees are considered to be surplus for purposes of paragraph (2). Except with respect to the first list issued under subparagraph (A), the Secretary concerned shall implement and administer this paragraph in accordance with— the rulemaking and notice and comment provisions of section 553 of title 5, United States Code; and chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). Notwithstanding the exemption described in paragraph (2), the Secretary concerned, to the maximum extent practicable, shall give preference for domestic processing of timber covered by the exemption. Section 490 shall not apply to unprocessed surplus timber exempted under paragraph (2). Not later than March 1, 2023, the Secretaries concerned shall submit to Congress a report evaluating the impacts of the exemption described in paragraph
(2)on forest health, domestic timber supply, local processing capacity, reduction in risk from wildfire, public safety, and the total quantity of timber exported. This subsection shall cease to be effective on the date that is 5 years after the date of enactment of the Emergency Wildfire and Public Safety Act of 2020 . .
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Sec. 301
Exemption to prohibition on export of unprocessed timber of dead and dying trees in the State of California
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